Animal Advocates Watchdog

Mandatory Spay/Neuter being proposed in California

AMENDED IN ASSEMBLY APRIL 17, 2007

AMENDED IN ASSEMBLY APRIL 9, 2007

california legislature—2007–08 regular session

ASSEMBLY BILL No. 1634

Introduced by Assembly Member Levine

(Principal coauthor: Senator Padilla)

(Coauthor: Assembly Member Nava)

February 23, 2007

An act to add Chapter 9 (commencing with Section 122336) to Part

6 of Division 105 of the Health and Safety Code, relating to pets.

legislative counsel’s digest

AB 1634, as amended, Levine. California Healthy Pets Act.

Existing law sets forth provisions relating to veterinary public health

and safety and provides for or regulates spay, neuter, and breeding

programs for animals.

This bill would prohibit any person from owning or possessing any

cat or dog over the age of 4 months that has not been spayed or neutered, unless that person possesses an intact permit, as defined. The bill would establish an intact permit fee in an amount to be determined by a local jurisdiction, and would require the revenue from these fees to be used for the administration of the local jurisdiction’s permit program. The bill would make a violation of these provisions punishable by a prescribed civil penalty. It would require all revenues derived from these civil penalties to be used for funding the outreach efforts in connection with, and the administration and enforcement of, these provisions, and, to the extent funding is available, free and low-cost spay and neuter programs, and outreach efforts for those programs, which would be required to be established by each local animal control agency.

By increasing the enforcement responsibility of local agencies, this bill would create a state-mandated local program.

The bill would become operative on April 1, 2008.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1. This act shall be known and may be cited as the

California Healthy Pets Act.

SEC. 2. Chapter 9 (commencing with Section 122336) is added

to Part 6 of Division 105 of the Health and Safety Code, to read:

Chapter 9. Spay and Neuter Program for Cats and Dogs

Article 1. Definitions

122336. For purposes of this chapter, the following definitions

shall apply:

(a) “Intact permit” means a document issued annually by a local

jurisdiction or its local animal control agency if authorized to issue

these permits, that authorizes a person to own or possess within

that locality an unaltered cat or dog and meets the requirements

of subdivision (a) of Section 122336.2. A dog or cat license that

meets the requirements of subdivision (a) of Section 122336.2

shall be considered a permit for purposes of this chapter.

(b) “Local animal control agency” means the municipal or

county animal control agency or other entity responsible for

enforcing animal-related laws.

(c) “Local jurisdiction” means any city, county, or city and

county.

(d) “Spay or neuter” means any procedure, as performed by a

duly licensed veterinarian, that permanently sterilizes an animal

and makes it incapable of reproduction.

Article 2. General Provisions

122336.1. (a) A person shall not own or possess within the

state any cat or dog over the age of four months that has not been

spayed or neutered, unless that person possesses an intact permit,

as defined in subdivision (b) of Section 122336.

(b) Any person who violates subdivision (a) shall be subject to

the following:

(1) Unless paragraph (2) applies, a person in violation of

subdivision (a) shall have his or her cat or dog spayed or neutered

within 30 days from the date of compliance as required under this

section or Article 3 (commencing with Section 122336.2),

whichever is applicable.

(2) If a person in violation of subdivision (a) provides a letter

from a California licensed veterinarian indicating that due to age,

poor health, or illness, it is unsafe to spay or neuter the cat or dog

within 30 days from the date of compliance under this section or

Article 3 (commencing with Section 122336.2), whichever is

applicable, and indicating that arrangements have been made to

spay or neuter the cat or dog within 75 days from that date of

compliance, he or she shall have his or her cat or dog spayed or

neutered within that 75-day period.

(3) Any(b) Subject to subdivision (c), any person who violates

subdivision (a) shall, for each animal for which a violation has

occurred, be subject to a civil penalty of five hundred dollars ($500)

for each applicable period of noncompliance, as set forth in

paragraphs (1) and (2). This penalty of five hundred dollars ($500).

This penalty shall be imposed in addition to any other civil or

criminal penalties imposed by the local jurisdiction.

(c) If an owner of a cat or dog provides a letter from a

California licensed veterinarian indicating that due to age, poor

health, or illness, it is unsafe to spay or neuter the cat or dog and

that arrangements have been made to spay or neuter the cat or

dog within 75 days from the date the cat or dog reaches the age

of four months, and the owner has his or her cat or dog spayed

within that 75-day period, and the owner shall not be in violation

of this act.

(c) Any fines (d) Any civil penalty imposed under subdivision

(b) may be waived by the local jurisdiction if the person in violation

provides verification that his or her cat or dog has been spayed or

neutered.

(d)

(e) Any person who, on or after April 1, 2008, is in possession

of an intact permit or a document that qualifies as an intact permit,

as defined in subdivision (a) of Section 122336, shall be deemed

of any document issued by the local jurisdiction or its authorized

animal control agency that permits the owner to possess an

unaltered cat or dog shall be deemed in compliance with this act

until the permit the document expires, and in any event, not later

than January 1, 2009, shall be required to comply with subdivision

(a), unless that person qualifies for a new intact permit pursuant

to Article 3 (commencing with Section 122336.2). or January 1,

2009, which ever occurs first.

Article 3. Permits

122336.2. (a) A local jurisdiction shall issue an intact permit,

as defined in subdivision (a) of Section 122336, if any of the

following conditions is met:

(1) The owner demonstrates, by providing a copy of his or her

business license and federal and state tax number, or by other

means, as determined by the local entity authorized to issue

permits, that he or she is doing business and is licensed as a breeder

by the local jurisdiction or its authorized local animal control

agency. proof, as requested by the local jurisdiction or its

authorized animal control agency, that he or she is doing business

and is licensed as a breeder at a location for which the local

jurisdiction or its authorized animal control agency has issued a

breeder permit.

(2) The owner sufficiently demonstrates, as determined in the

discretion of the local entity authorized to issue intact permits, all

discretion of the local jurisdiction or its authorized animal control

agency, all of the following:

(A) His or her cat or dog is used to show or compete and has

competed in at least one legitimate show or sporting competition

within the last two years. , hosted by, or under the approval of, a

recognized purebred registry or association in existence since at

least October 1, 2007, within the last two years, or by whatever

proof is requested by the authorized local animal control agency

that the cat or dog is being trained to show or compete and is too

young to have yet competed.

(B) His or her cat or dog is a valid breed that is recognized by

an approved registry. an approved purebred registry or association

in existence since at least October 1, 2007.

(C) The cat or dog has earned, or if under two years old, is in

the process of earning, a conformation, obedience, agility, carting,

herding, protection, rally, sporting, working, or other title from an

approved purebred registry or association.

(3) The dog is appropriately trained and meets the definition of

(3) The owner provides proof to the local jurisdiction or its

authorized local animal control agency that the dog is being

trained or is documented as having been appropriately trained

and meets the definition of guide dog, service dog, or signal dog,

as set forth in subdivisions (d), (e), and (f) of Section 365.5 of the

Penal Code.

(4) The dog is owner provides proof to the local jurisdiction or

its authorized local animal control agency that the dog is being

trained, or is documented as having been appropriately trained,

and actively used by law enforcement agencies for law enforcement

andor rescue activities.

(5) The owner of a cat or dog provides a letter to the local

jurisdiction or its authorized local animal control agency from a

California licensed veterinarian stating that due to age, poor health,

or illness, it is unsafe to spay or neuter the cat or dog. This letter

shall include the veterinarian’s license number and shall, if this

information is available, include the date, shall be periodically

updated, and shall, if this information is available, include the

duration of the condition of the dog or cat, and the date by which

the dog or cat may be safely spayed or neutered.

(b) An unaltered cat or dog for which an intact permit was issued

who ceases to meet the requirements of subdivision (a) is subject

to the spay and neuter requirements set forth in Section 122336.1.

(c) (1) The amount of the fee for an intact permit shall be

determined by the local jurisdiction, and shall be no more than

what is reasonably necessary to fund the administration of that

jurisdiction’s intact permit program.

(2) If necessary, by May 15, 2008, a local jurisdiction may adopt

a permit differential fee for any dog or cat that is not spayed or

neutered, and for which there has been issued an intact permit, or

a document that qualifies as an intact permit under subdivision (a)

of Section 122336, prior to the enactment of this chapter.

(2) A local jurisdiction shall waive the fee for an unaltered cat

or dog that meets the requirements of paragraph (3) or (4) of

subdivision (a), and may waive all or part of the fee for an

unaltered cat or dog meeting the requirements of paragraph (5)

of subdivision (a).

(d) Nothing in this section shall prohibit a local jurisdiction

from adopting or enforcing a more restrictive spay or neuter

program pursuant to Section 122331, provided that the program

allows for a cat or dog to be temporarily or permanently exempted

from a spay or neuter requirement for the reasons set forth in

paragraph (4) of subdivision (a).paragraphs (3) to (5), inclusive,

of subdivision (a).

(e) Any owner of a cat or dog who is not a resident of California

and who brings a cat or dog into California from outside the state

shall be exempted from the permit requirements set forth in this

chapter if the owner provides proof, as determined by the local

jurisdiction or its authorized animal control agency, that he or

she moved from another state or country after April 1, 2008. For

purposes of this subdivision, proof may include, but need not be

limited to, a valid driver’s license from another state.

Article 4. Funding

122336.3. (a) To1) Any civil penalty collected pursuant to

subdivision (b) of Section 122336.1 shall be used for funding the

administration, outreach, and enforcement activities set forth in

Article 5 (commencing with Section 122336.4).

(2) To the extent that funding is available pursuant to this

chapter, a local animal control agency shall establish a free and

low-cost spay and neuter program for low-income individuals.

The agency shall undertake outreach efforts to inform qualified

persons about these programs.

(b) All civil penalties collected pursuant to paragraph (3) of

subdivision (b) of Section 122336.1 shall be used for funding the

enforcement activities set forth in Article 5 (commencing with

Section 122336.4).

(c)

(b) All permit fees collected pursuant to subdivision (c) of

Section 122336.2, shall be used for funding the administration of

the permit program in the local jurisdiction in which the permits

are issued.

Article 5. Enforcement

122336.4. A local animal control agency shall be responsible

for enforcing, conducting outreach efforts in connection with, and

and administering this chapter.

SEC. 3. No reimbursement is required by this act pursuant to

Section 6 of Article XIIIB of the California Constitution because

a local agency or school district has the authority to levy service

charges, fees, or assessments sufficient to pay for the program or

level of service mandated by this act, within the meaning of Section

17556 of the Government Code.

SEC. 4. This act shall become operative on April 1, 2008.

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