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spay and neuter bill California

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  • spay and neuter bill California


    INTRODUCED BY Assembly Member Levine
    (Principal coauthor: Senator Padilla)
    (Coauthor: Assembly Member Nava)

    FEBRUARY 23, 2007

    An act to add Chapter 9 (commencing with Section 122336) to Part 6
    of Division 105 of the Health and Safety Code, relating to pets.


    AB 1634, as introduced, Levine. California Healthy Pets Act.
    Existing law sets forth provisions relating to veterinary public
    health and safety and provides for or regulates spay, neuter, and
    breeding programs for animals.
    This bill would prohibit any person from owning or possessing any
    unaltered cat or dog over the age of 4 months, unless that person
    possesses an intact permit, as specified. The bill would establish an
    intact permit fee in an amount to be determined by a local
    jurisdiction, as defined, and would require the revenue from these
    fees to be used for the administration of the local jurisdiction's
    permit program. The bill would make a violation of these provisions
    punishable by a prescribed fine.
    The bill would require all revenues derived from these fines to be
    used for funding free and low-cost spay and neuter programs, and
    outreach efforts for these programs, which would be required to be
    established by each local animal control agency, to the extent that
    funding is available, and for the enforcement of these provisions.
    By increasing the enforcement responsibility of local agencies,
    this bill would create 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
    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.


    SECTION 1. This act shall be known and may be cited as the
    California Healthy Pets Act.

    SEC. 2. Chapter 9 (commencing with Section 122336) is added to
    Part 6 of Division 105 of the Health and Safety Code, to read:

    Article 1. Definitions

    122336. For purposes of this chapter, the following definitions
    shall apply:
    (a) "Alter" means to spay or neuter an animal, as performed by a
    California licensed veterinarian.
    (b) "Intact permit" means a document issued annually by a local
    jurisdiction that authorizes a person to own or possess within that
    locality an unaltered cat or dog.
    (c) "Local animal control agency" means the municipal or county
    animal control agency or other entity responsible for enforcing
    animal-related laws.
    (d) "Local jurisdiction" means any city, county, or city and

    Article 2. General Provisions

    122336.1. (a) A person shall not own or possess within the state
    any cat or dog over the age of four months that has not been spayed
    or neutered, unless that person possesses an intact permit, as
    defined in subdivision (b) of Section 122336.
    (b) Any person who violates subdivision (a) shall be subject to
    the following:
    (1) Unless paragraph (2) applies, a person in violation of
    subdivision (a) shall have his or her cat or dog spayed or neutered
    within 30 days from the date of compliance as required under this
    section or Article 3 (commencing with Section 122336.2), whichever is
    (2) If a person in violation of subdivision (a) provides a letter
    from a California licensed veterinarian indicating that due to age,
    poor health, or illness, it is unsafe to spay or neuter the cat or
    dog within 30 days from the date of compliance under this section or
    Article 3 (commencing with Section 122336.2), whichever is
    applicable, and indicating that arrangements have been made to alter
    the cat or dog within 75 days from that date of compliance, he or she
    shall have his or her cat or dog spayed or neutered within that
    75-day period.
    (3) Any person who violates subdivision (a) shall, for each animal
    for which a violation has occurred, be subject to a civil penalty of
    five hundred dollars ($500) for each applicable period of
    noncompliance, as set forth in paragraphs (1) and (2). This penalty
    shall be imposed in addition to any other civil or criminal penalties
    imposed by the local jurisdiction.
    (c) Any fines imposed under subdivision (b) shall be waived by the
    local jurisdiction if the person in violation provides proof that
    his or her cat or dog has been spayed or neutered by a California
    licensed veterinarian or provides proof that he or she has obtained
    an intact permit for the cat or dog.

    Article 3. Permits

    122336.2. (a) A local jurisdiction shall issue an intact permit,
    as defined in subdivision (b) of Section 122336, if all of the
    following conditions are met:
    (1) The cat or dog is registered as a purebred with a pedigree
    with any of the following organizations:
    (A) The American Kennel Club.
    (B) The United Kennel Club.
    (C) The American Dog Breeders Association.
    (D) The International Cat Association.
    (E) A recognized registry approved by the local animal control
    (2) The dog is appropriately trained and meets the definition of
    guide dog, service dog, or signal dog, as set forth in subdivisions
    (d), (e), and (f) of Section 365.5 of the Penal Code.
    (3) The dog is documented as having been appropriately trained and
    actively used by law enforcement agencies for law enforcement and
    rescue activities.
    (4) The owner of a cat or dog provides a letter to the local
    jurisdiction from a California licensed veterinarian stating that due
    to age, poor health, or illness, it is unsafe to spay or neuter the
    cat or dog. This letter shall include the veterinarian's license
    number and shall be provided, upon request, to the local animal
    control agency.
    (b) An unaltered cat or dog for which an intact permit was issued
    who ceases to meet the requirements of subdivision (a) is subject to
    the spay and neuter requirements set forth in Section 122336.1.
    (c) The amount of the fee for an intact permit shall be determined
    by the local jurisdiction, and shall be no more than what is
    reasonably necessary to fund the administration of that jurisdiction'
    s intact permit program.

    Article 4. Funding

    122336.3. (a) To the extent that funding is available pursuant to
    this chapter, a local animal control agency shall establish a free
    and low-cost spay and neuter program for low-income individuals. The
    agency shall undertake outreach efforts to inform qualified persons
    about these programs.
    (b) All fines collected pursuant to paragraph (3) of subdivision
    (b) of Section 122336.1 shall be used for funding free and low-cost
    spay and neuter programs and outreach efforts in the jurisdiction
    where the violation occurred, and for the enforcement activities set
    forth in Article 5 (commencing with Section 122336.4).

    Article 5. Enforcement

    122336.4. A local animal control agency shall be responsible for
    enforcing and administering this chapter.
    SEC. 3. No reimbursement is required by this act pursuant to
    Section 6 of Article XIII B of the California Constitution because a
    local agency or school district has the authority to levy service
    charges, fees, or assessments sufficient to pay for the program or
    level of service mandated by this act, within the meaning of Section
    17556 of the Government Code.

  • #2
    that's just waay too much to read! but i'm assuming an expansion on the L.A. county spay/nueter law?

    you need to translate for us after you post that stuff!


    • #3
      Yeah, and the first level passed.

      But more strict then the County Law. For instance a requirement of a title on a dog by 2 years, not just proof of showing. Many a gorgeous dog never got a title. And a 500 dollar fine for not complying with the mandatory spay and neuter at 4 months, and a breeder license even if you don't plan to breed, but perhaps just show dogs.

      Dog fighting is illegal, so of course no dog fighting goes on. Yeah right. Law disobeyers will still be doing it, law obiding people who are responsible will find it very hard to breed good dogs. No more will one get a cute little chihuahua from a dedicated breeder who just doesn't want the polical mess plus expenses of dog shows. Certainly can't breed a parti-color Poodle etc.

      No, now if this passes all the way the only way one can get a purebred any breed would be through pet shops (we know where many of those pups come from) or out of state or out of country.

      I also happen to think it is not heatlhy to spay especially young dogs. Certainly regarding show potential they sometimes don't pan out till up to a year, and often are not at their best till 3 to 5 years old.

      I have the button, spay and neuter animal abusers. Now there is a law I can get behind.
      Money will buy you a pretty good dog but it won't buy the wag of it's tail.


      • #4
        This will also adversely effect facilities like Canine Comanions for Independence and Guide Dogs of the Desert; these are non-profit organizations breeding dogs for assistance dogs. I'm sorry, but I don't believe that animal shelter rescue dogs have the stability to be assistance dogs. These dogs MUST be selectively bred for soundness of body and temperament.

        What about breeders of top performing hunting dogs? In most cases the best working Setters and pointers wouldn't get a second glance in the show ring--and you can't tell me a show setter would survive in the field with all that coat.

        This bill is part of the Animal Rights agenda of eliminating the breeding of all domestic animals.


        • #5
          She says scarcastikly

          Good for PETA they will at least be happy. Spay and neuter pets for pet people not show/working/assistance etc. stock. Oh and the bad people spay and neuter the idiots.


          • #6
            Spay and neuter all PeTA/HSUS/SHARK/ALF... supporters! That would make a good dent in the idiot population!


            • #7
              I dont appreciate the name calling, and im sure others dont as well. Come on, we arent in grade school here.


              • #8
                WAKE UP AND SMELL THE BS, PEOPLE!!

                PeTA/HSUS/SHARK/ALF... are terrorist organizations who want to spay/neuter all pet animals out of existence. They aren't supporting these laws for the health or well-being of animals. They don't want us to have the right to own pets! As pet professionals, we should be absolutely AGAINST these groups' campaigns! The existence of purebred dogs is our livelihood! These groups harm/kill FAR more animals than they will ever help. Look at the PeTA loons who killed all those perfectly healthy dogs and cats in North Carolina last summer. They lied to the local animal shelters and veterinary hospitals to steal the dogs/cats/puppies/kittens then proceeded to kill them as soon as they got in the "rescue" van. The state only convicted them of littering (dead animals are NOT allowed to be tossed in dumpsters for obvious human health hazard reasons), but the DEA is still considering charges, as they illegally had possession of the euthanasia solution.


                • #9
                  You're right sioteh.... I shouldn't insult idiots by comparing them to animal rights people; AR are in a bizarre class all their own!