[Mardelin]

BILL NUMBER: SB 250 AMENDED
BILL TEXT

AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 21, 2009
AMENDED IN SENATE APRIL 2, 2009

INTRODUCED BY Senator Florez

FEBRUARY 24, 2009

An act to add Sections 30804.6 and 31751.4 to the Food and
Agricultural Code, relating to animals.

LEGISLATIVE COUNSEL'S DIGEST

SB 250, as amended, Florez. Dogs and cats: spaying and neutering.
Existing law generally prohibits public pounds and private
shelters from selling or giving away any dog or cat that has not been
spayed or neutered; provides, under certain circumstances, for the
sale or giving away of a dog or cat that has not been spayed or
neutered upon the payment of a refundable deposit, as specified;
provides for the imposition of fines or civil penalties against the
owner of a nonspayed or unneutered dog or cat that is impounded by a
public pound or private shelter; and immunizes cities and counties,
societies for the prevention of cruelty to animals, and humane
societies from an action by the owner of a dog or cat for spaying or
neutering the dog or cat in accordance with the law. A violation of
any of these provisions is an infraction, punishable as specified.
This bill would provide, in addition, that every dog owner shall
secure a license for the dog, as required by state or local law, and
that no person shall own, keep, or harbor, except as specified, an
unsterilized dog, as defined. It would make it unlawful for any
person who owns, keeps, or harbors any unsterilized cat, as defined,
6 months of age or older to allow or permit that cat to roam at
large. It would require any owner or custodian, as defined, of an
unsterilized dog to have the animal sterilized at 6 months of age,
provide obtain a certificate of
sterility, or , if provided by local ordinance, obtain an
unaltered dog license. It would require an owner or custodian of an
unsterilized cat who permits that cat to roam at large to
have the cat sterilized or provide obtain
a certificate of sterility. It would allow an unaltered dog
license to be denied, revoked, and reapplied for, as specified, and
the licensing agency to utilize its existing procedures or to
establish new procedures for any appeal of a denial or revocation of
an unaltered dog license. The bill would authorize the licensing
agency to assess a fee for the procedures related to the issuance,
denial, or revocation of an unaltered dog license.
This bill would require an owner or custodian who offers any
unsterilized dog or cat for sale, trade, or adoption to meet
specified requirements. It would permit any authorized penalty for a
violation of certain provisions relating to dogs to be imposed only
if the owner or custodian is concurrently cited for violation of one
or more of other specified provisions. It would require, if an
unaltered dog or cat is impounded pursuant to state or local law, the
owner or custodian to meet specified requirements, including paying
the costs of impoundment. It would require all costs, fines, and fees
collected under the bill to be paid to the licensing agency for the
purpose of defraying the cost of the implementation and enforcement
of the bill. By creating new crimes and imposing new duties
on local animal control agencies , this bill would impose a
state-mandated local program upon local governments.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.