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,
obtain a certificate of sterility, or, if provided by local
ordinance, obtain an unaltered dog license , which license shall
be defined and issued as specified . 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 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 has
concurrently cited for violation of violated
one or more of other specified provisions. It would permit
the licensing agency to impose any existing fine or penalty against
the owner or custodian of an unaltered dog or cat if the owner or
custodian fails to provide required sterilization
information about the unaltered dog or against an owner or custodian
who surrenders an unaltered dog or cat if the owner or custodian
fails to otherwise comply with applicable provisions. The bill would
permit the licensing agency to impose a penalty of up to $100 per day
against the owner or custodian of an unaltered cat who fails to
provide required sterilization information. 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 , which may include
specified costs, unless the fees are waived, as specified . 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. The bill
would not be applicable to any owner or breeder of a dog used in the
business of shepherding, herding, or guarding livestock, or
cultivating agricultural products, to any owner or breeder of a dog
used for hunting or for the purposes of field trials, or to any owner
or trainer of a guide dog, signal dog, service dog, peace officer's
dog, or firefighter's dog, as defined, provided the dog is licensed,
as specified, and the owner or breeder has purchased any required
hunting license. The bill would provide that its provisions shall not
be construed to prevent any local governing body from adopting more
stringent requirements. By creating new crimes, 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 no reimbursement is required by this
act for a specified reason.