California Senate Bill SB945 Amended / Bill

 BILL NUMBER: SB 945AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 9, 2016 AMENDED IN SENATE APRIL 25, 2016 AMENDED IN SENATE MARCH 29, 2016 AMENDED IN SENATE MARCH 7, 2016 INTRODUCED BY Senator Monning FEBRUARY 3, 2016 An act to add Chapter 11 (commencing with Section 122380) to Part 6 of Division 105 of the Health and Safety Code, relating to pet boarding facilities. LEGISLATIVE COUNSEL'S DIGEST SB 945, as amended, Monning. Pet boarding facilities. Existing law regulates the care and maintenance of animals in the care of a pet store. This bill would establish procedures for the care and maintenance of pets boarded at a pet boarding facility, including, but not limited to, sanitation, provision of enrichment  devices,   devices or activities,  health of the pet, and safety. The bill would also prohibit a person convicted of an offense related to the welfare of animals, as specified, from operating a pet boarding facility or from being employed as an employee of a pet boarding facility.  The bill would specifically authorize a city, county, or city and county to adopt ordinances that establish additional standards and requirements for a pet boarding facility. The bill would make a violation of these provisions an infraction punishable by a fine not to exceed $250 for the first violation and not to exceed $1,000 for each subsequent violation. Because it would create a new crime, this bill would impose a state-mandated local program. 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. Chapter 11 (commencing with Section 122380) is added to Part 6 of Division 105 of the Health and Safety Code, to read: CHAPTER 11. PET BOARDING FACILITIES 122380. As used in this chapter, the following definitions apply: (a) "Person" means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity. (b) "Pet" means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles,  amphibians, and fish.   and amphibians.  However, "pet" does not include a horse. (c) "Pet boarding facility" means any lot, building, structure, enclosure, or premises whereupon four or more dogs, cats, or other pets in any combination are boarded for compensation. However, "pet boarding facility" does not include a city, county, or city and county animal control agency, society for the prevention of cruelty to animals, or humane society that contracts for the care of stray or abandoned animals, or the premises of a veterinary facility that is registered pursuant to Section 4853 of the Business and Professions Code. (d) "Pet boarding facility operator" or "operator" means a person who owns or operates, or both, a pet boarding facility. (e)  "Primary   "Permanent or fixed  enclosure" means a structure, including, but not limited to, an exercise run, kennel, or room, used to restrict a pet, that provides for the effective separation of a pet from the pet's waste products. (f)  (1)    "Temporary enclosure" means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet's waste products.  (2) A pet may be contained in a temporary enclosure for a period not to exceed four hours during the day and 12 hours at night or the length of time that is humane for that particular pet, whichever is less. However, the pet shall remain outside the temporary enclosure for no less than the amount of time needed for the pet to eliminate its waste.   (3) A temporary enclosure shall allow the pet to turn about freely, stand easily, and sit or lie in a comfortable position.  122381. Each pet boarding facility operator shall be responsible for all of the following: (a) Ensuring that the entire pet boarding  facility   facility, includ   ing all equipment therein,  is structurally sound and maintained in good  repair, including, but not limited to, heating and cooling systems, drying cages, flooring, and door latches and locks.   repair.  (b) Ensuring that pests do not inhabit any part of the pet boarding facility in a number large enough to be harmful, threatening, or annoying to the pets. (c) Ensuring the containment of pets within the pet boarding facility, and, in the event that a pet escapes,  being responsible for reporting this fact immediately to the local agency responsible for animal control and to the owner and making reasonable efforts to immediately capture the escaped pet.   making reasonable efforts to immediately capture the escaped pet.   (d) If an escaped pet has not been captured despite reasonable efforts, ensuring that all material facts regarding the pet's escape are reported to the local agency for animal control and to the owner.   (d)   (   e)  Ensuring that the pet boarding facility' s interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and sanitized.  (e)   (   f)  Ensuring that light, by natural or artificial means, is distributed in a manner that permits routine inspection and cleaning, and the proper care and maintenance of the pets.  (f) When pet   (g)     If pet  grooming services are offered by a pet boarding facility, separating the grooming work area from the pet boarding facility's  primary enclosures, pet food storage areas, and isolation areas for housing sick pets. The grooming area shall be   permanent or fixed and temporary enclosures and ensuring that the grooming areas is  cleaned and sanitized at least once daily.  (h) Storing food in an area separate from permanent or fixed enclosures or temporary enclosures.   (i) Maintaining an area for isolating sick pets from healthy pets.  122382. (a) Each  primary   permanent or fixed  and temporary enclosure shall comply with all of the following standards: (1) Be structurally sound and maintained in good repair to protect the enclosed pet from injury, to contain the pet, to keep other animals out, and to promote the health and well-being of the pet. (2) Be maintained in a comfortable and sanitary manner. When being cleaned in a manner or with a substance that is or may be harmful to a pet within the enclosure, that pet shall be removed from the enclosure. (3) Be constructed of material suitable for regular cleaning and sanitizing. (4) As needed to ensure the comfort and well-being of the pet, provide heating, cooling, lighting, ventilation, shade, and protection from the elements,  including   including,  but not limited to, the sun, wind, rain, and snow.  (5) Allow a pet to turn around freely, stand easily, and sit or lie down in a comfortable position.  (b) Each enclosure is either a  primary   permanent or fixed  enclosure or a temporary enclosure. (c) In addition to the requirements set forth in subdivision (a), a  primary   permanent or fixed  enclosure for a cat shall provide an elevated platform appropriate for the size of the cat.  (d) A pet may be contained in a temporary enclosure for a period not to exceed four hours during the day and 12 hours at night or the length of time that is humane for that particular pet, whichever is less. However, the pet shall remain outside the temporary enclosure for no less than the amount of time needed for the pet to eliminate its waste.  122383. A pet boarding facility operator shall comply with all of the following animal care requirements: (a) House only one pet at a time in an enclosure unless otherwise consented to by the owner. (b) Observe each pet as necessary, but no less than once every 24 hours, in order to recognize the signs of sickness, injury, or distress, and in order to ensure that the pet, food, and waste or debris is removed as necessary to prevent contamination or injury. (c) Provide each pet with easy and convenient access to potable water at all times, or if the behavior of the pet makes unrestricted access to water impracticable, offer water as often as necessary to ensure the pet's health and well-being. However, water may be restricted as directed by the owner or a licensed veterinarian. (d) Provide each pet with  food of the type, in the quantities, and at the intervals as directed in writing by the owner, or in the absence of written directions by the owner, with  nutritious food in quantities and at intervals suitable for that pet. (e) Provide each pet with at least one enrichment device  or activity  that is appropriate for the age, size, and condition of the pet unless otherwise directed in writing by the owner. (f) Maintain and abide by written policies and procedures that address animal care, management and safe handling, disease prevention and control, routine care, preventative care, emergency care, veterinary treatment, and disaster planning, evacuation, and recovery that are applicable to the location of the pet boarding facility. These procedures shall be reviewed with each employee who provides animal care and shall be present, in writing, either electronically or physically, in the facility and made available to all employees. (g) Isolate those pets that have or are suspected of having a contagious condition. (h) Ensure that each sick or injured pet is immediately provided with  veterinary treatment and that the owner of the pet is notified immediately of the pet's condition.   appropriate care and, if prudent, veterinary treatment.   (i) Ensure that the owner of a pet is notified immediately that his or her pet is sick or injured unless the owner has indicated in writing that notification of any, or a particular, type of illness or injury is not required.   (i)   (   j)  In the event of a natural disaster, an emergency evacuation, or other similar occurrence, ensure that the humane care and treatment of each animal is provided for, as required by this chapter, to the extent access to the pet is reasonably available. 122384. (a) A pet boarding facility operator shall provide each owner with written information describing all of the following: (1) Days and times during which the pet boarding facility permits pets to be dropped off and picked up. (2) Days and times during which  no  personnel  is   are  onsite. (3) The square footage of the  primary   permanent or fixed  and temporary enclosures in which the  breed   species  of pet that the owner is boarding is customarily contained. (4)  The number of times and at which intervals   General observation practices  during each 24-hour period  the breed   for the species  of pet that the owner is boarding is customarily observed by personnel. (5) The pet boarding facility's customary daily activity schedule for the  breed   species  of pet that the owner is  boarding, including the number of hours spent in primary and temporary enclosures, the time or times at which the breed of pet is fed, and the opportunities the breed of pet has to exercise and eliminate bodily waste.   boarding.   (6) Additional services that the owner may purchase for the pet, if any, and the cost of those services.  (b) If the pet boarding facility will materially deviate from the customary practices described in the written information required by subdivision (a) with respect to an owner's pet, the pet boarding facility operator shall disclose those deviations to the  owner, in writing.   owner or patron, as appropriate.  122385. A pet boarding facility shall maintain either of the following: (a) A fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire. (b) A fire suppression sprinkler system.  122386. A person convicted of a misdemeanor or felony directly related to the welfare of animals, including, but not limited to, a violation of Section 597 of the Penal Code, is prohibited from operating a pet boarding facility or from being employed as an employee of a pet boarding facility. If a pet boarding facility is located within a pet store, this prohibition only applies to an employee who works directly with pets that are boarded overnight in the pet boarding facility.   122387.   122386.  A pet boarding facility operator who violates any provision of this chapter is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) for the first violation and by a fine not to exceed one thousand dollars ($1,000) for each subsequent violation. The court shall weigh the gravity of the offense in setting the penalty. 122388.   122387.  (a) Nothing in this chapter shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or the rights of consumers, including, but not limited to, Section 597 of the Penal Code. (b) Nothing in this chapter limits, or authorizes any act or omission that violates, Section 597 of the Penal Code, or any other local, state, or federal law that protects animals or the rights of consumers.  122389.  122388.  Pursuant to Section 7 of Article XI of the California Constitution, a city, county, or city and county may adopt ordinances that establish additional standards and requirements for a pet boarding facility. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.