Senate BillNo. 945


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 introduced, 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, size of enclosures, sanitation, provision of enrichment devices, health of the pet, and safety. 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:

P2    1

SECTION 1.  

Chapter 11 (commencing with Section 122380)
2is added to Part 6 of Division 105 of the Health and Safety Code,
3to read:

4 

5Chapter  11. Pet Boarding Facilities
6

 

7

122380.  

As used in this chapter, the following definitions apply:

8(a) “Adequate space” means sufficient height and sufficient
9floor space for a pet to stand up, sit down, turn about freely using
10normal body movements without the head touching the top of the
11primary enclosure, lie down with limbs outstretched, exercise
12normal postural movement, move about freely as appropriate for
13the species, age, size, and condition of the pet, and, when
14appropriate, to experience socialization with other pets, if any, in
15the primary enclosure. However, when freedom of movement
16would endanger the pet, temporarily and appropriately restricting
17movement of the pet in a humane manner is permitted.

18(b) “Enrichment” means providing objects or activities,
19appropriate to the needs of the species, as well as the age, size,
20and condition of the pet that stimulate the pet and promote the
21pet’s well-being.

22(c) “Impervious to moisture” means a surface that prevents the
23absorption of fluids and that can be thoroughly and repeatedly
24sanitized, will not retain odors, and from which fluids bead up and
25run off or can be removed without being absorbed into the surface
26material.

27(d) “Intact” means a pet that retains its sexual organs or ability
28to procreate and has not been sterilized.

29(e) “Person” means an individual, partnership, firm, limited
30liability company, joint-stock company, corporation, association,
31trust, estate, or other legal entity.

32(f) “Pet” means any nonhuman animal housed in the pet
33boarding facility, including, but not limited to, mammals, birds,
34reptiles, amphibians, and fish.

35(g) “Pet boarding facility” means any lot, building, structure,
36enclosure, or premises whereupon four or more dogs, cats, or other
37pets in any combination are boarded for profit.

P3    1(h) “Pet boarding facility operator” or “operator” means a person
2who owns, operates, or both, a pet boarding facility.

3(i) “Primary enclosure” means a structure used to immediately
4restrict a pet or pets to a limited amount of space, such as a room,
5pen, cage, aquarium, terrarium, habitat compartment, or hutch,
6where the pet or pets reside while they are being boarded.

7(j) “Sanitize” means to make physically clean and to destroy,
8to the extent practical, agents injurious to health.

9(k) “Temporary enclosure” means a confined space used by the
10pet boarding facility to house a pet when the pet is not in its
11primary enclosure for a period not to exceed four consecutive
12hours. The temporary enclosure shall allow the pet to stand up, lie
13down, and turn around. An enclosure used by the pet boarding
14facility to house an animal for longer than four consecutive hours
15shall meet the requirements of a primary enclosure.

16(l) “Veterinary treatment” means treatment by, or at the direction
17of, a California-licensed veterinarian.

18

122381.  

Each pet boarding facility operator shall be responsible
19for all of the following:

20(a) Maintaining the entire pet boarding facility in good repair.

21(b) Restricting the entry of pests from outside.

22(c) Ensuring the containment of pets within the pet boarding
23facility, and, in the event that a pet escapes, being responsible for
24reporting this fact, as necessary, to local authorities and making
25reasonable efforts to capture the pet that has escaped.

26(d) Ensuring that the pet boarding facility’s interior building
27surfaces, including walls and floors, are constructed in a manner
28 that permits them to be readily cleaned and maintained.

29(e) Uniformly distributing light, by natural or artificial means,
30in a manner that permits routine inspection and cleaning, and the
31proper care and maintenance of the pets.

32(f) When pet grooming services are offered by a pet boarding
33facility, separating the grooming work area from the pet boarding
34facility’s primary enclosures, pet food storage areas, and isolation
35areas for housing sick pets. The grooming area shall be cleaned
36and maintained at least once daily.

37

122382.  

(a) Primary and temporary enclosures shall comply
38with all of the following structural standards:

39(1) Primary and temporary enclosures shall be structurally sound
40and maintained in good repair to protect the pets from injury, to
P4    1contain the pets, to keep other animals out, and to promote the
2health and well-being of the enclosed pets. Primary enclosures
3shall be constructed so they can be routinely maintained to allow
4pets to stay clean.

5(2) The floor of the primary enclosure shall be constructed to
6prevent injury. A solid surface, platform, or shelf shall be provided
7when a grid-flooring system is used.

8(3) Primary enclosures shall be constructed of materials that are
9impervious to moisture and can be sanitized.

10(4) All primary enclosures shall provide adequate space for the
11pet or pets housed in the enclosure.

12(5) Each primary enclosure shall provide each pet with an
13enrichment device or devices appropriate for the species, age, size,
14and condition of the pet.

15(b) In addition to the requirements set forth in subdivision (a),
16primary enclosures for cats shall provide an elevated platform as
17appropriate for the size of the cat.

18(c) In addition to the requirements set forth in subdivision (a),
19primary enclosures for birds shall be designed to ensure all of the
20following:

21(1) A bird can fully extend both of its wings at the same time
22without contacting the sides of the enclosure.

23(2) Perches are provided in a diameter that is appropriate for
24the species, age, size, and condition of the bird, and for the size of
25the enclosure.

26(3) There is sufficient space to enable each bird to fully extend
27its wings in every direction while all birds are simultaneously
28perched.

29(d) Primary enclosures for prey species shall be located where
30they cannot be directly seen by predator animals for that species.

31

122383.  

(a) When a primary or temporary enclosure is being
32cleaned in a manner, or with a substance, that is or may be harmful
33to a pet within the enclosure, that pet shall be removed from the
34enclosure.

35(b) Primary enclosures shall be observed at least once every
36eight hours, and pet and food wastes, used bedding, debris, and
37any other organic wastes shall be removed as necessary to prevent
38contamination of the pets and to reduce disease hazards and odors.

39(c) Pest control measures shall be implemented to effectively
40control infestation of vermin, insects, or other pests.

P5    1

122384.  

A pet boarding facility operator shall comply with all
2of the following animal care requirements:

3(a) House only compatible pets in the same enclosure.

4(b) Observe each pet at regular intervals, but no less than once
5every eight hours, in order to recognize and evaluate general
6symptoms of sickness, injury, or abnormal behavior.

7(c) Remove each dog from its primary enclosure at least once
8every eight hours and enable the dog to remain outside the primary
9enclosure for at least 15 minutes each time.

10(d) Separately house intact mammals that have reached sexual
11maturity in a manner to prevent unplanned reproduction.

12(e) Provide potable water at all times, unless otherwise directed
13by a veterinarian.

14(f) Provide each pet with nutritious food in quantities and at
15intervals suitable for that pet.

16(g) Provide each pet with heating and ventilation suitable for
17that pet.

18(h) Maintain and abide by written animal husbandry procedures
19that address animal care, management and safe handling, disease
20prevention and control, routine care, preventative care, emergency
21care, veterinary treatment, euthanasia, and disaster planning,
22evacuation, and recovery that are applicable to the location of the
23pet boarding facility. These procedures shall be reviewed with
24each employee who provides animal care and shall be present, in
25writing, either electronically or physically, in the facility and made
26available to all employees.

27(i) Isolate those pets that have or are suspected of having a
28contagious condition.

29(j) Have a documented program of routine care, preventative
30care, emergency care, disease control and prevention, and
31veterinary treatment, as outlined in subdivision (h), that is
32 established and maintained by the pet boarding facility in
33consultation with a licensed veterinarian employed by the pet
34boarding facility or a California-licensed veterinarian, to ensure
35adherence to the program with respect to each pet. The program
36shall also include a documented onsite visit to the pet boarding
37facility by a California-licensed veterinarian at least once a year.

38(k) Ensure that each diseased, ill, or injured pet is provided
39without delay with veterinary treatment and notify the owner of
40the pet as soon as is practicable.

P6    1(l) In the event of a natural disaster, an emergency evacuation,
2or other similar occurrence, ensure that the humane care and
3treatment of each animal is provided for, as required by this
4chapter, to the extent access to the pet is reasonably available.

5

122385.  

(a) Each pet boarding facility operator shall ensure
6that records of all veterinary visits to the pet boarding facility are
7documented writing. Veterinary treatment records shall be kept
8for each animal or group of animals that receives medications or
9immunizations while in the care of the pet boarding facility. These
10records shall include summaries of directions received orally from
11veterinarians, and shall include all of the following, to the extent
12it is provided by the veterinarian:

13(1) Identification of the pet receiving medical treatment.

14(2) Name of the medication or immunization used.

15(3) Amount of medication used.

16(4) Time and date on which the medication or immunization
17was administered.

18(b) Records required by subdivision (a) shall be provided to the
19owner of the pet upon request.

20(c) All records required by this section shall be maintained by
21the pet boarding facility for two years from the date of boarding
22of the pet, and shall be made available upon request to an
23appropriate enforcement officer exercising his or her authority.

24

122386.  

A pet boarding facility operator who violates any
25provision of this chapter is guilty of an infraction punishable by a
26fine not to exceed two hundred fifty dollars ($250) for the first
27violation and by a fine not to exceed one thousand dollars ($1,000)
28for each subsequent violation. The court shall weigh the gravity
29of the offense in setting the penalty.

30

122387.  

(a) Nothing in this chapter shall be construed to in
31any way limit or affect the application or enforcement of any other
32law that protects animals or the rights of consumers, including,
33but not limited to Section 597 of the Penal Code.

34(b) Nothing in this chapter limits, or authorizes any act or
35omission that violates, Section 597 of the Penal Code, or any other
36local, state, or federal law that protects animals or the rights of
37consumers.

38

SEC. 2.  

No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P7    1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.



O

    99