| Issue: |
MANDATORY SPAY/NEUTER (Florez) |
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| Description: |
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. The requirement to sterilize
the dog may be appealed, 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
, as specified . 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 has concurrently 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
cat 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 also 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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| Latest Info: |
09/01/2010 - SB 250 Mandatory Pet Spay/Neuter died on the Assembly floor, failing its last vote.
SB 250 HAS BEEN DEFEATED!
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| Action needed: |
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