CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 122300-122315




122300.  For purposes of this article:
   (a) "Dog dealer" means any person, firm, partnership, corporation,
or other association that engages in the acquisition of dogs for
retail sale to the public.  "Dog dealer" does not include duly
incorporated nonprofit humane societies dedicated to the care of
unwanted animals that make animals available for adoption, whether or
not a fee for the adoption is charged, or pet dealers who do not in
the normal course of business sell dogs, but who sometimes exhibit
dogs for adoption.
   (b) "Dog breeder" means any person, firm, partnership,
corporation, or other association that breeds and sells dogs at
wholesale or retail.
   (c) "Dog pedigree registry" means any of various private agencies
that serve to keep track of the breed, lineage, physical
characteristics, and historical data regarding dogs that are
registered with the agency.



122305.  Every dog dealer that sells registered dogs or that claims
that the dogs being sold are registered or are registerable with a
dog pedigree registry shall post conspicuously within close proximity
to the dogs offered for sale, a notice containing the following
language in at least 100-point type:
"Pedigree registration does not assure proper breeding conditions,
health, quality, or claims to lineage."



122310.  (a) For every dog sold by a dog dealer or dog breeder that
is sold with any representation that the dog is registered or
registerable with a dog pedigree registry, the following fully
completed disclosure shall be made, orally and in writing on a
separate sheet from any other statements, including, but not limited
to, the name of the dog dealer or breeder and the name of the
relevant dog pedigree registry:
"Disclosure by
      DOG PEDIGREE REGISTRATION DISCLOSURE

Description of dog:  ____________
______________________
The dog you are purchasing is registered/registerable (circle one)
with the __________ (enter name of registry).

Registration means only that __________ (enter name of registry)
maintains information regarding the parentage and identity of this
dog, it does not guarantee the quality or health of this dog, and it
does not guarantee quality lineage.  Since dog pedigree registries
depend in large part on the honesty and accuracy of persons
registering dogs, registration does not guarantee the accuracy of the
lineage recorded nor that this dog is purebred.


Acknowledged: ________________________________    ________________"
                Retail purchaser's signature            Date

   (b) The disclosure in subdivision (a) shall be signed and dated by
the retail purchaser of the dog acknowledging receipt of a copy of
the statement and the dog dealer or dog breeder shall retain a copy.




122315.  (a) Any dog dealer or dog breeder who fails to comply with
the disclosure requirements in Section 122305 or 122310, as the case
may be, shall be liable to the retail purchaser for civil damages in
an amount equal to three times the cost of the dog.  Claim for
payment under this section shall be made within one year from the
date of purchase of the dog.
   (b) The remedies provided in this section shall be in addition to
any other remedies or penalties authorized by other provisions of
law.
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CALIFORNIA CODES
FOOD AND AGRICULTURAL CODE
SECTION 31101-31109




31101.  Any dog which is found running at large without the
identification tag or dog license tag which is required pursuant to
Section 30951 may be seized and impounded by any peace officer.



31102.  Except in an area in which the provisions of Article 2
(commencing with Section 31151) of this chapter apply or as otherwise
provided in Section 31104, any person may kill any dog in any of the
following cases:
   (a) The dog is found in the act of killing, wounding, or
persistently pursuing or worrying livestock or poultry on land or
premises which are not owned or possessed by the owner of the dog.
   (b) The person has such proof as conclusively shows that the dog
has been recently engaged in killing or wounding livestock or poultry
on land or premises which are not owned or possessed by the dog's
owner.
   No action, civil or criminal, shall be maintained for the killing
of any such dog.


31103.  Except in an area in which the provisions of Article 2
(commencing with Section 31151) of this chapter apply or as otherwise
provided in Section 31104, any dog entering any enclosed or
unenclosed property upon which livestock or poultry are confined may
be seized or killed by the owner or tenant of the property or by any
employee of the owner or tenant.  No action, civil or criminal, shall
be maintained against the owner, tenant, or employee for the seizure
or killing of any such dog.



31104.  The provisions of Sections 31102 and 31103 shall not apply
to any dog which is inside the corporate limits of any city, or city
and county, or to any dog which is under the reasonable control of
his owner or keeper, unless the dog is actually caught in the act or
worrying, wounding, chasing, or killing any livestock or poultry.




31105.  The board of supervisors shall provide for both of the
following:
   (a) The taking up and impounding of all dogs which are found
running at large in violation of any provision of this division.
   (b) The killing in some humane manner or other disposition of any
dog which is impounded.


31106.  The board of supervisors may appoint proper persons to take
up, impound, and kill dogs pursuant to this division or it may enter
into a contract with any humane society or other organization or
association which will do both of the following:
   (a) Undertake to carry out the provisions of this division
regarding the taking up, impounding, and killing of dogs.
   (b) Give a proper bond in whatever amount may be fixed by the
board of supervisors for the faithful performance of the contract.




31107.  No dog which is impounded pursuant to this division shall be
killed or otherwise disposed of without notice to the owner, if he
is known.


31108.  (a) The required holding period for a stray dog impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
   (1) If the public or private shelter has made the dog available
for owner redemption on one weekday evening until at least 7:00 p.m.
or one weekend day, the holding period shall be four business days,
not including the day of impoundment.
   (2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their dogs by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
   Except as provided in Section 17006, stray dogs shall be held for
owner redemption during the first three days of the holding period,
not including the day of impoundment, and shall be available for
owner redemption or adoption for the remainder of the holding period.

   (b) Except as provided in Section 17006, any stray dog that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal.  The public or private shelter may enter
into cooperative agreements with any animal rescue or adoption
organization.  In addition to any required spay or neuter deposit,
the public or private shelter, at its discretion, may assess a fee,
not to exceed the standard adoption fee, for animals adopted or
released.
   (c) During the holding period required by this section and prior
to the adoption or euthanasia of a dog impounded pursuant to this
division, a public or private shelter shall scan the dog for a
microchip that identifies the owner of that dog and shall make
reasonable efforts to contact the owner and notify him or her that
his or her dog is impounded and is available for redemption.




31108.5.  (a) (1) Upon relinquishment of a dog to a public or
private shelter, the owner of that dog shall present sufficient
identification to establish his or her ownership of the dog and shall
sign a statement that he or she is the lawful owner of the dog.
   (2) Any person who provides false information pursuant to this
subdivision about his or her ownership of the dog shall be liable to
the true owner of the dog in the amount of one thousand dollars
($1,000).
   (b) Upon relinquishment, the dog may be made available for
immediate euthanasia if it has a history of vicious or dangerous
behavior documented by the agency charged with enforcing state and
local animal laws.



31109.  Any dog which is found straying on any farm where livestock
are kept, which has attached to its collar the identification tag or
dog license tag prescribed by Section 30951, may be taken up,
impounded, and detained in the same manner as described in this
division.  The person taking up the dog may recover from the owner,
in any court having jurisdiction, the fees fixed by the board of
supervisors for taking up and keeping unlicensed and unidentified
dogs, together with costs.
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CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 122125-122220




122125.  (a) This article shall be known and may be cited as the
Lockyer-Polanco-Farr Pet Protection Act.
   (b) Every pet dealer of dogs and cats shall conform to the
provisions of this article.  As used in this article, " pet dealer"
means a person engaging in the business of selling dogs or cats, or
both, at retail, and by virtue of the sales of dogs and cats is
required to possess a permit pursuant to Section 6066 of the Revenue
and Taxation Code.  For purposes of this article, the separate sales
of dogs or cats from a single litter shall constitute only one sale
under Section 6019 of the Revenue and Taxation Code.  This definition
does not apply to breeders of dogs regulated pursuant to Article 1
(commencing with Section 122045) nor to any person, firm,
partnership, corporation, or other association, that breeds or rears
dogs on the premises of the person, firm, partnership, corporation,
or other association, that has sold, transferred, or given away fewer
than 50 dogs in the preceding year.
   (c) For purposes of this article, "purchaser" means a person who
purchases a dog or cat from a pet dealer without the intent to resell
the animal.
   (d) This article shall not apply to publicly operated pounds and
humane societies.


122130.  Every pet dealer receiving dogs or cats from a common
carrier shall transport, or have transported, dogs and cats from the
carrier's premises within four hours after receipt of telephone
notification by the carrier of the completion of shipment and arrival
of the animal at the carrier's point of destination.



122135.  All dogs or cats received by a retail dealer shall, prior
to being placed with other dogs or cats, be examined for sickness.
Any dog or cat found to be afflicted with a contagious disease shall
be kept caged separately from healthy animals.



122137.  (a) (1) It is the intent of the Legislature and the purpose
of this section to inform consumers who purchase dogs and cats from
retail pet dealers about the benefits of spaying and neutering and
the importance of establishing a relationship with a veterinarian,
and to facilitate dog licensing by encouraging pet dealers to promote
licensure compliance.
   (2) The Legislature declares that pet dealers, when feasible,
should offer incentives to purchasers to encourage the use of spaying
and neutering services, and that local animal control agencies
should investigate selling licenses through pet shops, or making
licensure applications available in pet shops, since these businesses
already serve a large number of pet owners through the sale of pet
supplies.
   (b) Every pet dealer shall deliver to the purchaser of each dog or
cat at the time of sale, written material, in a form determined by
the pet dealer, containing information on the benefits of spaying and
neutering.  The written material shall include recommendations on
establishing a relationship with a veterinarian, information on
early-age spaying and neutering, the health benefits associated with
spaying and neutering pets, the importance of minimizing the risk of
homeless or unwanted animals, and the need to comply with applicable
license laws.
   (c) The delivering of any model materials prepared by the Pet
Industry Joint Advisory Council, the California Animal Control
Directors Association, the State Humane Association of California,
and the California Veterinary Medical Association shall satisfy the
requirements of subdivision (b).



122140.  Every pet dealer shall deliver to the purchaser of each dog
and cat at the time of sale a written statement in a standardized
form prescribed by the Department of Consumer Affairs containing the
following information:
   (a) For cats:
   (1) The breeder's and broker's name and address, if known, or if
not known, the source of the cat.  If the person from whom the cat
was obtained is a dealer licensed by the United States Department of
Agriculture, the person's name, address, and federal dealer
identification number.
   (2) The date of the cat's birth, unless unknown because of the
source of the cat and the date the dealer received the cat.
   (3) A record of the immunizations and worming treatments
administered, if any, to the cat as of the time of sale, including
the dates of administration and the type of vaccine or worming
treatment.
   (4) A record of any known disease or sickness that the cat is
afflicted with at the time of sale.  In addition, this information
shall also be orally disclosed to the purchaser.
   (b) For dogs:
   (1) The breeder's name and address, if known, or if not known, the
source of the dog.  If the person from whom the dog was obtained is
a dealer licensed by the United States Department of Agriculture, the
person's name, address, and federal dealer identification number.
   (2) The date of the dog's birth, and the date the dealer received
the dog.  If the dog is not advertised or sold as purebred,
registered, or registerable, the date of birth may be approximated if
not known by the seller.
   (3) The breed, sex, color, and identifying marks at the time of
sale, if any.  If the dog is from a United States Department of
Agriculture licensed source, the individual identifying tag, tattoo,
or collar number for that animal.  If the breed is unknown or mixed,
the record shall so indicate.
   (4) If the dog is being sold as being capable of registration, the
names and registration numbers of the sire and dam, and the litter
number, if known.
   (5) A record of inoculations and worming treatments administered,
if any, to the dog as of the time of sale, including dates of
administration and the type of vaccine or worming treatment.
   (6) A record of any veterinarian treatment or medication received
by the dog while in the possession of the pet dealer and either of
the following:
   (A) A statement, signed by the pet dealer at the time of sale,
containing all of the following:
   (i) The dog has no known disease or illness.
   (ii) The dog has no known congenital or hereditary condition that
adversely affects the health of the dog at the time of the sale or
that is likely to adversely affect the health of the dog in the
future.
   (B) A record of any known disease, illness, and any congenital or
hereditary condition that adversely affects the health of the dog at
the time of sale, or is likely to adversely affect the health of the
dog in the future, along with a statement signed by a veterinarian
licensed in the State of California that authorizes the sale of the
dog, recommends necessary treatment, if any, and verifies that the
disease, illness, or condition does not require hospitalization or
nonelective surgical procedures, nor is it likely to require
hospitalization or nonelective surgical procedures in the future.  A
veterinarian statement is, not required for intestinal or external
parasites unless their presence makes the dog clinically ill or is
likely to make the dog clinically ill.  The statement shall be valid
for seven days following examination of the dog by the veterinarian.

   (c) For the purpose of this article, "nonelective surgical
procedure" means a surgical procedure that is necessary to preserve
or restore the health of the dog, to prevent the dog from
experiencing pain or discomfort, or to correct a condition that would
interfere with the dog's ability to walk, run, jump, or otherwise
function in a normal manner.
   (d) For the purposes of this article, "clinically ill" means an
illness that is apparent to a veterinarian based on observation,
examination, or testing of the dog, or upon a review of the medical
records relating to the dog.
   (e) A disclosure made pursuant to subdivision (b) shall be signed
by both the pet dealer certifying the accuracy of the statement, and
the purchaser of the dog acknowledging receipt of the statement.  In
addition, all medical information required to be disclosed pursuant
to subdivision (b) shall be made orally to the purchaser.
   (f) For purposes of this article, a disease, illness, or
congenital or hereditary condition that adversely affects the health
of a dog at the time of sale or is likely to adversely affect the
health of the dog in the future shall be one that is apparent at the
time of sale or that should have been known by the pet dealer from
the history of veterinary treatment disclosed pursuant to this
section.


122145.  A pet dealer shall maintain a written record on the health,
status, and disposition of each dog and each cat for a period of not
less than one year after disposition of the dog or cat.  The record
shall also contain all of the information required to be disclosed
pursuant to Sections 122140 and 122220.  Those records shall be
available to humane officers, animal control officers, and law
enforcement officers for inspection during normal business hours.



122150.  (a) Except as otherwise specified herein, any person
violating any provision of this article other than Section 122205
shall be subject to a civil penalty of up to one thousand dollars
($1,000) per violation.  The action may be prosecuted in the name of
the people of the State of California by the district attorney for
the county where the violation occurred in the appropriate court or
by the city attorney in the city where the violation occurred.
   (b) Nothing in this article limits or authorizes any act or
omission that violates Section 597l of the Penal Code.



122155.  (a) It shall be unlawful for a pet dealer to fail to do any
of the following:
   (1) Maintain facilities where the dogs are kept in a sanitary
condition.
   (2) Provide dogs with adequate nutrition and potable water.
   (3) Provide adequate space appropriate to the age, size, weight,
and breed of dog.  Adequate space means sufficient space for the dog
to stand up, sit down, and turn about freely using normal body
movements, without the head touching the top of the cage, and to lie
in a natural position.
   (4) Provide dogs housed on wire flooring with a rest board,
floormat, or similar device that can be maintained in a sanitary
condition.
   (5) Provide dogs with adequate socialization and exercise.  For
the purpose of this article "socialization" means physical contact
with other dogs or with human beings.
   (6) Wash hands before and after handling each infectious or
contagious dog.
   (7) Maintain either of the following:
   (A) A fire alarm system that is connected to a central reporting
station that alerts the local fire department in case of fire.
   (B) Maintain a fire suppression sprinkler system.
   (8) Provide veterinary care without delay when necessary.
   (b) A pet dealer shall not be in possession of a dog that is less
than eight weeks old.



122160.  (a) If a licensed veterinarian states in writing that
within 15 days after the purchaser has taken physical possession of
the dog after the sale by a pet dealer, the dog has become ill due to
any illness that existed in the dog on or before delivery of the dog
to the purchaser, or, if within one year after the purchaser has
taken physical possession of the dog after the sale, a veterinarian
licensed in this state states in writing that the dog has a
congenital or hereditary condition that adversely affects the health
of the dog, or that requires, or is likely in the future to require,
hospitalization or nonelective surgical procedures, the dog shall be
considered unfit for sale, and the pet dealer shall provide the
purchaser with any of the following remedies that the purchaser
elects:
   (1) Return the dog to the pet dealer for a refund of the purchase
price, plus sales tax, and reimbursement for reasonable veterinary
fees for diagnosis and treating the dog in an amount not to exceed
the original purchase price of the dog, plus sales tax.
   (2) Exchange the dog for a dog of the purchaser's choice of
equivalent value, providing a replacement dog is available, and
reimbursement for reasonable veterinary fees for diagnosis and
treating the dog in an amount not to exceed the original purchase
price of the dog, plus sales tax.
   (3) Retain the dog, and reimbursement for reasonable veterinary
fees for diagnosis and treating the dog in an amount not to exceed
150 percent of the original purchase price of the dog, plus sales tax
on the original purchase price of the dog.
   (b) If the dog has died, regardless of the date of the death of
the dog, obtain a refund for the purchase price of the dog, plus
sales tax, or a replacement dog of equivalent value of the purchaser'
s choice and reimbursement for reasonable veterinary fees in
diagnosis and treatment of the dog in an amount not to exceed the
original purchase price of the dog, plus sales tax, if either of the
following conditions exist:
   (1) A veterinarian, licensed in this state, states in writing that
the dog has died due to an illness or disease that existed within 15
days after the purchaser obtained physical possession of the dog
after the sale by a pet dealer.
   (2) A veterinarian, licensed in this state, states in writing that
the dog has died due to a congenital or hereditary condition that
was diagnosed by the veterinarian within one year after the purchaser
obtained physical possession of the dog after the sale by a pet
dealer.


122165.  (a) There shall be a rebuttable presumption that an illness
existed at the time of sale if the animal dies within 15 days of
delivery to the purchaser.
   (b) For purposes of Section 122160, a finding by a veterinarian of
intestinal or external parasites shall not be grounds for declaring
a dog unfit for sale unless their presence makes the dog clinically
ill or is likely to make the dog clinically ill.
   (c) For purposes of Section 122160, the value of veterinary
services shall be deemed reasonable if the services rendered are
appropriate for the diagnosis and treatment of illness or congenital
or hereditary condition, made by the veterinarian and the value of
similar services is comparable to the value of similar services
rendered by other licensed veterinarians in proximity to the treating
veterinarian.



122170.  To obtain the remedies provided for in Section 122160, the
purchaser shall substantially comply with all of the following
requirements:
   (a) Notify the pet dealer as soon as possible but not more than
five days after the diagnosis by a veterinarian licensed in this
state of a medical or health problem, including a congenital or
hereditary condition and of the name and telephone number of the
veterinarian providing the diagnosis.
   (b) Return the dog to the pet dealer, in the case of illness,
along with a written statement from a veterinarian licensed in this
state, stating the dog to be unfit for purchase due to illness, a
congenital or hereditary condition, or the presence of symptoms of a
contagious or infectious disease, that existed on or before delivery
of the dog to the purchaser, and that adversely affects the health of
the dog.  The purchaser shall return the dog along with a copy of
the veterinarian's statement as soon as possible but not more than
five days after receipt of the veterinarian's statement.
   (c) Provide the pet dealer, in the event of death, with a  written
statement from a veterinarian licensed in this state stating that
the dog died from an illness that existed on or before the delivery
of the dog to the purchaser.  The presentation of the statement shall
be sufficient proof to claim reimbursement or replacement and the
return of the deceased dog to the pet dealer shall not be required.




122175.  Notwithstanding Section 122160, no refund, replacement, or
reimbursement of veterinary fees shall be made if any of the
following conditions exist:
   (a) The illness or death resulted from maltreatment or neglect or
from an injury sustained or an illness contracted subsequent to the
delivery of the dog to the purchaser.
   (b) The purchaser fails to carry out the recommended treatment
prescribed by the examining veterinarian who made the initial
diagnosis.  However, this subdivision shall not apply if the cost for
the treatment together with the veterinarian's fee for the diagnosis
would exceed the purchase price of the dog, including sales tax.
   (c) A veterinarian's statement was provided to the purchaser
pursuant to subparagraph (B) of paragraph (6) of subdivision (b) of
Section 122140 that disclosed the disease, illness, or condition for
which the purchaser seeks to return the dog.  However, this paragraph
shall not apply if, within one year after the purchaser took
physical possession of the dog, a veterinarian licensed in this state
states in writing that the disease, illness, or condition requires,
or is likely in the future to require, hospitalization or nonelective
surgical procedures or that the disease, illness, or condition
resulted in the death of the dog.
   (d) The purchaser refuses to return to the pet dealer all
documents previously provided to the purchaser for the purpose of
registering the dog.  This subdivision shall not apply if the
purchaser signs a written statement certifying that the documents
have been inadvertently lost or destroyed.



122180.  (a) The veterinarian's statement pursuant to Section 122160
shall contain the following information:
   (1) The purchaser's name and address.
   (2) The date or dates the dog was examined.
   (3) The breed and age of the dog, if known.
   (4) That the veterinarian examined the dog.
   (5) That the dog has or had an illness described in this section
that renders it unfit for purchase or resulted in its death.
   (6) The precise findings of the examination or necropsy, including
laboratory results or copies of laboratory reports.
   (b) If a refund for reasonable veterinary expenses is being
requested, the veterinary statement shall be accompanied by an
itemized bill of fees appropriate for the diagnosis and treatment of
the illness or congenital or hereditary condition.
   (c) Refunds and payment of reimbursable expenses provided for by
Section 122160 shall be paid, unless contested, by the pet dealer to
the purchaser not later than 10 business days following receipt of
the veterinarian's statement required by Section 122160 or, where
applicable, not later than 10 business days after the date on which
the dog is returned to the pet dealer.



122185.  (a) In the event that a pet dealer wishes to contest a
demand for any of the remedies specified in Section 122160, the
dealer may, except in the case of the death of the dog, require the
purchaser to produce the dog for examination by a licensed
veterinarian designated by the pet dealer.  The pet dealer shall pay
the cost of this examination.
   (b) If the purchaser and the pet dealer are unable to reach an
agreement within 10 business days following receipt by the pet dealer
of the veterinarian's statement pursuant to Section 122160, or
following receipt of the dog for examination by a veterinarian
designated by the pet dealer, whichever is later, the purchaser may
initiate an action in a court of competent jurisdiction to resolve
the dispute or the parties may submit to binding arbitration if
mutually agreed upon by the parties in writing.
   (c) The prevailing party in the dispute shall have the right to
collect reasonable attorney's fees if the other party acted in bad
faith in seeking or denying the requested remedy.




122190.  Every pet dealer that sells a dog shall provide the
purchaser at the time of sale, and a prospective purchaser upon
request, with a written notice of rights, setting forth the rights
provided for under this section.  The notice shall be contained in a
separate document.  The written notice of rights shall be in 10-point
type.  A copy of the written notice of rights shall be signed by the
purchaser acknowledging that he or she has reviewed the notice.  The
notice shall state the following:

      "A STATEMENT OF CALIFORNIA LAW GOVERNING THE SALE OF DOGS

   The sale of dogs is subject to consumer protection regulations.
In the event that a California licensed veterinarian states in
writing that your dog is unfit for purchase because it became ill due
to an illness or disease that existed within 15 days following
delivery to you, or within one year in the case of congenital or
hereditary condition, you may choose one of the following:
   (1) Return your dog and receive a refund of the purchase price,
plus sales tax, and receive reimbursement for reasonable veterinarian
fees up to the cost of the dog plus sales tax.
   (2) Return your dog and receive a dog of your choice of equivalent
value, providing a replacement dog is available, and receive
reimbursement for reasonable veterinarian fees up to the cost of the
dog, plus sales tax.
   (3) Keep the dog and receive reimbursement for reasonable
veterinarian fees up to 150 percent of the original purchase price of
the dog plus sales tax on the original purchase price of the dog.
   In the event your dog dies, you may receive a refund for the
purchase price of the dog, plus sales tax, or a replacement dog of
your choice, of equivalent value, and reimbursement for reasonable
veterinary fees for the diagnosis and treatment of the dog, if a
veterinarian, licensed in this state, states in writing that the dog
has died due to an illness or disease that existed within 15 days
after the purchaser obtained physical possession of the dog after the
sale by a pet dealer, or states that the dog has died due to a
congenital or hereditary condition that was diagnosed by the
veterinarian within one year after the purchaser obtained physical
possession of the dog after the sale by a pet dealer.  These fees may
not exceed the purchase price of the dog, plus sales tax.
   In order to exercise these rights, you must notify the pet dealer
as quickly as possible but no later than five days after learning
from your veterinarian that a problem exists.  You must tell the pet
dealer about the problem and give the pet dealer the name and
telephone number of the veterinarian providing the diagnosis.
   If you are making a claim, you must also present to the pet dealer
a written veterinary statement, in a form prescribed by law, that
the animal is unfit for purchase and an itemized statement of all
veterinary fees related to the claim.  This information must be
presented to the pet dealer no later than five days after you have
received the written statement from the veterinarian.
   In the event that the pet dealer wishes to contest the statement
or the veterinarian's bill, the pet dealer may request that you
produce the dog for examination by a licensed veterinarian of the pet
dealer's choice.  The pet dealer shall pay the cost of this
examination.
   In the event of death, the deceased dog need not be returned to
the pet dealer if you submit a statement issued by a licensed
veterinarian stating the cause of death.
   If the parties cannot resolve the claim within 10 business days
following receipt of the veterinarian statement or the examination by
the pet dealer's veterinarian, whichever event occurs later, you may
file an action in a court of competent jurisdiction to resolve the
dispute.  If a party acts in bad faith, the other party may collect
reasonable attorney's fees.  If the pet dealer does not contest the
matter, the pet dealer must make the refund or reimbursement no later
than 10 business days after receiving the veterinary certification.

   If the pet dealer has represented your dog as registerable with a
pedigree organization, the pet dealer shall provide you with the
necessary papers to process the registration within 120 days
following the date you received the dog.  If the pet dealer fails to
deliver the papers within the prescribed timeframe, you are entitled
to return the dog for a full refund of the purchase price, including
sales tax, or a refund of 75 percent of the purchase price, including
sales tax if you choose to keep the dog.
   This statement is a summary of key provisions of the consumer
remedies available.  California law also provides safeguards to
protect pet dealers from abuse.  If you have any questions, obtain a
copy of the complete relevant statutes.
   This notice shall be contained in a separate document.  The
written notice shall be in 10-point type.  The notice shall be signed
by the purchaser acknowledging that he or she has reviewed the
notice.  The pet dealer shall permit persons to review the written
notice upon request.
   NOTE: This disclosure of rights is a summary of California law.
The actual statutes are contained in Article 2 (commencing with
Section 122125 of Chapter 5 of Part 6 of Division 105 of the Health
and Safety Code."



122195.  Nothing in this article shall in any way limit the rights
or remedies that are otherwise available to a consumer under any
other law.  Nor shall this article in any way limit the pet dealer
and the purchaser from agreeing between themselves upon additional
terms and conditions that are not inconsistent with this article.
However, any agreement or contract by a purchaser to waive any rights
under this article shall be null and void and shall be
unenforceable.


122200.  (a) A pet dealer shall not state, promise, or represent to
the purchaser, directly or indirectly, that a dog is registered or
capable of being registered with an animal pedigree registry
organization, unless the pet dealer provides the purchaser with the
documents necessary for that registration within 120 days following
the date of sale of the dog.
   (b) In the event that a pet dealer fails to provide the documents
necessary for registration within 120 days following the date of
sale, in violation of subdivision (a), the purchaser shall, upon
written notice to the pet dealer, be entitled to retain the animal
and receive a partial refund of 75 percent of the purchase price,
plus sales tax, or return the dog along with all documentation
previously provided the purchaser for a full refund, including sales
tax.



122205.  Except as provided for in subparagraph (B) of paragraph (6)
of subdivision (b) of Section 122140, no pet dealer shall knowingly
sell a dog that is diseased, ill, or has a condition, any one of
which requires hospitalization or surgical procedures.  In lieu of
the civil penalties imposed pursuant to Section 122150, any pet
dealer who violates this section shall be subject to a civil penalty
of up to one thousand dollars ($1,000), or shall be prohibited from
selling dogs at retail for up to 30 days, or both.  If there is a
second offense, the pet dealer shall be subject to a civil penalty of
up to two thousand five hundred dollars ($2,500), or a prohibition
from selling dogs at retail for up to 90 days, or both.  For a third
offense, the pet dealer shall be subject to a civil penalty of up to
five thousand dollars ($5,000) or a prohibition from selling dogs at
retail for up to six months, or both.  For a fourth and subsequent
offense, the pet dealer shall be subject to a civil penalty of up to
ten thousand dollars ($10,000) or a prohibition from selling dogs at
retail for up to one year, or both.  For purposes of this section, a
violation that occurred over five years prior to the most recent
violation shall not be considered.
   An action for recovery of the civil penalty and for a court order
enjoining the pet dealer from engaging in the business of selling
dogs at retail for the period set forth in this section, may be
prosecuted by the district attorney for the county where the
violation occurred, or the city attorney for the city where the
violation occurred, in the appropriate court.



122210.  (a) No dog may be offered for sale by a pet dealer to a
purchaser until the dog has been examined by a veterinarian licensed
in this state.  Each dog shall be examined within five days of
receipt of the dog and once every 15 days thereafter while the dog is
in the possession or custody of the pet dealer.  The pet dealer
shall provide any sick dog with proper veterinary care without delay.

   (b) Any dog diagnosed with a contagious or infectious disease,
illness, or condition shall be caged separately from healthy dogs
until a licensed veterinarian determines that the dog is free from
contagion or infection.  The area shall meet the following conditions
when contagious or infectious dogs are present:
   (1) The area shall not be used to house other healthy dogs or new
arrivals awaiting the required veterinary examination.
   (2) The area shall not be used for storing open food containers or
bowls, dishes, or other utensils that come in contact with healthy
dogs.
   (3) The area shall have an exhaust fan that creates air movement
from the isolation area to an area outside the premises of the pet
dealer.  The removal of exhaust air from the isolation area may be
accomplished by the use of existing heating and air-conditioning
ducts, provided no exhaust air is permitted to enter or mix with
fresh air for use by the general animal population.
   (4) Upon removal of all of the contagious or infectious dogs, the
area shall be cleaned and disinfected before any healthy animal can
be placed in the area.
   (c) If the pet dealer's veterinarian deems the dog to be unfit for
purchase due to a disease, illness, or congenital condition, any of
which is fatal or that causes, or is likely to cause, the dog to
unduly suffer, the veterinarian shall humanely euthanize the dog.
The veterinarian shall provide the pet dealer with a written
statement as to why the dog was euthanized.  Otherwise, the pet
dealer shall have a veterinarian treat the dog, or may surrender the
dog to a humane organization that consents to the receipt thereof.
   (d) In the event a dog is returned to a pet dealer due to illness,
disease, or a congenital or hereditary condition requiring
veterinary care, the pet dealer shall provide the dog with proper
veterinary care.



122215.  Every retail dealer shall post conspicuously on the cage of
each dog offered for sale a notice indicating the state where the
dog was bred and brokered.



122220.  (a) Every pet dealer shall post conspicuously within close
proximity to the cages of dogs offered for sale, a notice containing
the following language in 100-point type:

"Information on the source of these dogs, and veterinary treatments
received by these dogs is available for review."

"You are entitled to a copy of a statement of consumer rights."

   (b) Every pet dealer shall, upon request for information regarding
a dog, make immediately available to prospective purchasers all of
the information required to be disclosed to purchasers pursuant to
subdivision (b) of Section 122140 and pursuant to Section 122190.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 121575-121710




121575.  "Rabies," as used in this chapter, includes rabies, and any
other animal disease dangerous to human beings that may be declared
by the department as coming under this chapter.



121580.  "Quarantine," as used in this chapter, means the strict
confinement, upon the private premises of the owner, under restraint
by leash, closed cage, or paddock, of all animals specified in the
order of the department.


121585.  "Rabies area" shall mean any area not less than a county as
determined by the director within a region where the existence of
rabies constitutes a public health hazard, as found and declared by
the director.  A region shall be composed of two or more counties as
determined by the director.  The status of an area as a rabies area
shall terminate at the end of one year from the date of the
declaration unless, not earlier than two months prior to the end of
the year, it is again declared to be a rabies area in the manner
provided in this section.  If however, the director at any time finds
and declares that an area has ceased to be a rabies area its status
shall terminate upon the date of the declaration.




121595.  Whenever any case of rabies is reported as existing in any
county or city, the department shall make, or cause to be made, a
preliminary investigation as to whether the disease exists, and as to
the probable area of the state in which the population or animals
are endangered.



121600.  If upon the investigation the department finds that rabies
exists, a quarantine shall be declared against all animals as are
designated in the quarantine order, and living within the area
specified in the order.


121605.  Following the order of quarantine the department shall make
or cause to be made a thorough investigation as to the extent of the
disease, the probable number of persons and animals exposed, and the
area found to be involved.


121610.  The department may substitute for the quarantine order
regulations as may be deemed adequate for the control of the disease
in each area.


121615.  All peace officers and boards of health shall carry out the
provisions of this chapter.



121620.  During the period for which any quarantine order is in
force any officer may kill or in his or her discretion capture and
hold for further action by the department any animal in a quarantine
area, found on public highways, lands, and streets, or not held in
restraint on private premises as specified in this chapter.




121625.  Any proper official within the meaning of this chapter may
examine and enter upon all private premises for the enforcement of
this chapter.


121630.  Except as provided in Sections 121705 and 121710, every
person who possesses or holds any animal in violation of the
provisions of this chapter is guilty of an infraction, punishable by
a fine not exceeding one thousand dollars ($1,000).




121635.  For the purpose of providing funds to pay expenses incurred
in connection with the eradication of rabies, the rabies treatment
and eradication fund is continued in existence in each county or city
in this state.


121640.  All money collected for dog license taxes shall be
deposited to the credit of this fund with the treasurer of the county
or city; but funds now collected from any dog tax may continue to be
collected and used for other purposes specified by local ordinances.




121645.  Upon the determination by the department that rabies exists
in any county or city, a special dog license tax shall immediately
become effective, unless a dog tax is already in force the funds from
which are available for the payment of expenditures in accordance
with this chapter.


121650.  This tax shall be levied as follows:  An annual tax of one
dollar and fifty cents ($1.50) for each male, two dollars and fifty
cents ($2.50) for each female, and one dollar and fifty cents ($1.50)
for each neuter dog.  It shall be collected by the proper authority
at the same time and in the same manner as other taxes are collected;
except that at the first collection the proportion of the annual tax
as corresponds to the number of months the tax has been in operation
plus one year advance payment shall be collected.



121655.  After this dog license tax has been established in a county
or city, it shall be continued in force until an order has been
issued by the department declaring that county, or the portion of
that county as may be deemed advisable, to be free from rabies or
further danger of its spread.



121660.  One half of all fines collected by any court or judge for
violations of this chapter shall be placed to the credit of the
rabies treatment and eradication fund of the county or city where the
violation occurred.


121665.  Whenever it becomes necessary in the judgment of the
department, to enforce this chapter in any county or city, the
department may institute special measures of control to supplement
the efforts of the local authorities in any county or city whose
duties are specified in this chapter.



121670.  All expenditures incurred in enforcing the special measures
shall be proper charges against the special fund referred to in this
chapter, and shall be paid as they accrue by the proper authorities
of each county or city where they have been incurred; but all
expenditures that may be incurred after the issuance of the order
establishing the tax and before the first collection of the tax,
shall be paid as they accrue from the general fund of the county or
city.


121675.  All expenditures in excess of the balance of money in this
fund shall likewise be paid as they accrue from the general fund.
All money thus expended from the general fund shall be repaid from
the special fund when the collections from the tax have provided the
money.


121680.  Notwithstanding any other provision of this chapter a guide
dog serving a blind master shall not be quarantined, in the absence
of evidence that he or she has been exposed to rabies, unless his or
her master fails:
   (a) To keep him or her safely confined to the premises of the
master.
   (b) To keep him or her available for examination at all reasonable
times.


121685.  Notwithstanding any other provision of this chapter, a dog
used by any state, county, city, or city and county law enforcement
agency shall not be quarantined after biting any person if the bite
occurred while the dog was being used for any law enforcement
purpose.  The law enforcement agency shall make the dog available for
examination at any reasonable time.  The law enforcement agency
shall notify the local health officer if the dog exhibits any
abnormal behavior.



121690.  In rabies areas, all of the following shall apply:
   (a) Every dog owner, after his or her dog attains the age of four
months, shall no less than once every two years secure a license for
the dog as provided by ordinance of the responsible city, city and
county, or county.  License fees shall be fixed by the responsible
city, city and county, or county, at an amount not to exceed
limitations otherwise prescribed by state law or city, city and
county, or county charter.
   (b) Every dog owner, after his or her dog attains the age of four
months, shall, at intervals of time not more often than once a year,
as may be prescribed by the department, procure its vaccination by a
licensed veterinarian with a canine antirabies vaccine approved by,
and in a manner prescribed by, the department.
   (c) All dogs under four months of age shall be confined to the
premises of, or kept under physical restraint by, the owner, keeper,
or harborer.  Nothing in this chapter and Section 120435 shall be
construed to prevent the sale or transportation of a puppy four
months old or younger.
   (d) Any dog in violation of this chapter and any additional
provisions that may be prescribed by any local governing body shall
be impounded, as provided by local ordinance.
   (e) It shall be the duty of the governing body of each city, city
and county, or county to maintain or provide for the maintenance of a
pound system and a rabies control program for the purpose of
carrying out and enforcing this section.
   (f) It shall be the responsibility of each city, county, or city
and county to provide dog vaccination clinics, or to arrange for dog
vaccination at clinics operated by veterinary groups or associations,
held at strategic locations throughout each city, city and county,
or county.  The vaccination and licensing procedures may be combined
as a single operation in the clinics.  No charge in excess of the
actual cost shall be made for any one vaccination at a clinic.  No
owner of a dog shall be required to have his or her dog vaccinated at
a public clinic if the owner elects to have the dog vaccinated by a
licensed veterinarian of the owner's choice.
   All public clinics shall be required to operate under antiseptic
immunization conditions comparable to those used in the vaccination
of human beings.
   (g) In addition to the authority provided in subdivision (a), the
ordinance of the responsible city, city and county, or county may
provide for the issuance of a license for a period not to exceed
three years for dogs that have attained the age of 12 months or older
and have been vaccinated against rabies.  The person to whom the
license is issued pursuant to this subdivision may choose a license
period as established by the governing body of up to one, two, or
three years.  However, when issuing a license pursuant to this
subdivision, the license period shall not extend beyond the remaining
period of validity for the current rabies vaccination.  A dog owner
who complies with this subdivision shall be deemed to have complied
with the requirements of subdivision (a).
   (h) All information obtained from a dog owner by compliance with
this chapter is confidential to the dog owner and proprietary to the
veterinarian.  This information shall not be used, distributed, or
released for any purpose, except to ensure compliance with existing
federal, state, county, or city laws or regulations.




121695.  Nothing in this chapter and Section 120435 is intended or
shall be construed to limit the power of any city, city and county,
or county in its authority in the exercise of its police power or in
the exercise of its power under any other provisions of law to enact
more stringent requirements, to regulate and control dogs within the
boundaries of its jurisdiction.



121700.  Rabies vaccines for animal use shall not be supplied to
other than a veterinary biologic supply firm, a person licensed to
practice veterinary medicine under Chapter 11 (commencing with
Section 4800) of Division 2 of the Business and Professions Code, or
a public agency.



121705.  Any person who willfully conceals information about the
location or ownership of an animal subject to rabies, that has bitten
or otherwise exposed a person to rabies, with the intent to prevent
the quarantine or isolation of that animal by the local health
officer is guilty of a misdemeanor.
   Any person who violates this section is guilty of a misdemeanor.



121710.  Any person who, after notice, violates any order of a local
health officer concerning the isolation or quarantine of an animal
of a species subject to rabies, that has bitten or otherwise exposed
a person to rabies or who, after that order, fails to produce the
animal upon demand of the local health officer, is guilty of a
misdemeanor, punishable by imprisonment in the county jail for a
period not to exceed one year, or by fine of not less than one
hundred dollars ($100), nor more than one thousand dollars ($1,000)
per day of violation, or by both fine and imprisonment.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
 

•  
  •  
    • FOOD AND AGRICULTURAL CODE SECTION 30501-30504

30501.  (a) The board of supervisors of any county or the governing
body of any city may adopt Sections 30801, 30802, 30803, 30804,
30805, 30952, 31105, 31106, 31107, 31108, 31152, 31153, 31251, 31252,
and 31254.  If those sections are adopted by the board of
supervisors of any county or the governing body of any city, those
sections shall apply within the  territorial limits of the county or
the  city, as the case may be.  Nothing in this division requires a
county to enforce those provisions within the territorial limits of
any city located within the county.
   (b) Whenever the term "board of supervisors," "county," "county
clerk," or "animal control officer" is used in this division, those
terms shall also be deemed to include the governing body of a city, a
city, the city clerk, or the animal control officer of a city,
respectively.


30502.  Any dog license tag which is issued by any city and county
or city constitutes compliance with this division if it is issued
pursuant to an ordinance which does all of the following:
   (a) Substantially complies with this division.
   (b) Provides for the wearing of the license tag upon the collar of
the dog.
   (c) Provides for the keeping of a record which shall establish the
identity of the person that owns or harbors the dog.



30503.  (a) Except as otherwise provided in subdivision (b), no
public animal control agency or shelter, society for the prevention
of cruelty to animals shelter, humane society shelter, or rescue
group shall sell or give away to a new owner any dog that has not
been spayed or neutered.
   For the purposes of this section a rescue group is a for profit or
not for profit entity, or a collaboration of individuals with at
least one of its purposes being the sale or placement of dogs that
have been removed from a public animal control agency or shelter,
society for the prevention of cruelty to animals shelter, or humane
shelter or that have been previously owned by any person other than
the original breeder of that dog.
   (b) If a veterinarian licensed to practice veterinary medicine in
this state certifies that a dog is too sick or injured to be spayed
or neutered, or that it would otherwise be detrimental to the health
of the dog to be spayed or neutered, the adopter or purchaser shall
pay the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group a deposit of not less than forty dollars ($40), and not
more than seventy-five dollars ($75).  The entity shall establish the
amount of the deposit at the level it determines is necessary to
encourage the spaying or neutering of dogs.  The deposit shall be
temporary, and shall only be retained until the dog is healthy enough
to be spayed or neutered, as certified by a veterinarian licensed to
practice veterinary medicine in this state.  The dog shall be spayed
or neutered within 14 business days of that certification.  The
adopter or purchaser shall obtain written proof of spaying or
neutering from the veterinarian performing the operation.  If the
adopter or purchaser presents proof of spaying or neutering to the
entity from which the dog was obtained within 30 business days of
obtaining the proof, the adopter or purchaser shall receive a full
refund of the deposit.
   (c) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
   (d) Any funds from unclaimed deposits made pursuant to this
section, as it read on January 1,  1999, and any funds from deposits
that are unclaimed after January 1,  2000, may be expended only for
programs to spay or neuter dogs and cats, including agreements with a
society for the prevention of cruelty to animals or a humane society
or licensed veterinarian to operate a program to spay or neuter dogs
and cats.
   (e) This section only applies to a county that has a population
exceeding 100,000 persons as of January 1, 2000, and to cities within
that county.
   (f) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.



30503.  (a) No public pound, society for the prevention of cruelty
to animals shelter, or humane shelter shall sell or give away any dog
that has not been spayed or neutered, unless a deposit for spaying
or neutering the dog has been tendered to the pound or shelter.  The
deposit shall be in the amount determined by the pound or shelter to
be comparable to the lowest fee charged by veterinarians in the
locale, but shall not exceed forty dollars ($40).  A veterinarian
shall perform the operation.  If a female dog and her puppies are
sold or given away to one individual, only a single deposit shall be
required.  The pound or shelter may make appropriate arrangements for
the spaying or neutering of the dog, or may return the deposit to
the person purchasing or receiving the dog upon presentation of a
written statement or receipt from the veterinarian or clinic that the
dog has been spayed or neutered.  The deposit may also include an
amount necessary to recover any additional costs under this section.

   (b) Any dog over six months of age at the time it is sold or given
away by the pound or shelter shall be spayed or neutered within 60
days, or the deposit shall be deemed unclaimed.  Any dog six months
of age or younger at the time it is sold or given away by the pound
or shelter shall be spayed or neutered within six months, or the
deposit shall be deemed unclaimed.
   (c) Any deposit not claimed under subdivision (a) shall be used
only for the following purposes:
   (1) A public education program to prevent overpopulation of dogs
and cats.
   (2) A program to spay or neuter dogs and cats.
   (3) A followup program to assure that animals sold or given away
by the pound or shelter are spayed or neutered.
   (4) Any additional costs incurred under this section.
   (d) Public pounds, society for the prevention of cruelty to
animals shelters, and humane shelters may enter into cooperative
agreements with each other and with veterinarians in carrying out
this section.
   (e) This section shall become operative on January 1, 2006.



30504.  (a) For purposes of this division, each member of a litter
of puppies, weaned or unweaned, shall be treated as an individual
animal.
   (b) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CALIFORNIA CODES
FOOD AND AGRICULTURAL CODE
SECTION 30520-30526




30520.  (a) This chapter only applies to a county that has a
population of less than 100,000 persons as of January 1,  2000, and
to cities within that county.  A county whose population exceeds
100,000 persons in a year subsequent to January 1,  2000, shall be
subject to Chapter 1 (commencing with Section 30501) commencing on
January 1 of the year immediately following the year in which the
population of that county exceeds 100,000 persons.
   (b) Except as otherwise provided in this chapter, no public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group shall sell
or give away any dog that has not been spayed or neutered.
   (c) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may not transfer to a new owner a dog that has not been
spayed or neutered, except as provided in subdivision (d).
   (d) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may transfer to a new owner a dog that has not been
spayed or neutered only if the animal shelter does both of the
following:
   (1) Requires a written agreement, executed by the recipient,
acknowledging the dog is not spayed or neutered and the recipient
agrees in writing to be responsible for ensuring the dog will be
spayed or neutered within 30 business days after the agreement is
signed.
   (2) Receives from the recipient a sterilization deposit of not
less than forty dollars ($40) and not more than seventy-five dollars
($75), the terms of which are part of the written agreement executed
by the recipient under this section.
   (e) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.


30521.  (a) A spaying or neutering deposit may be either of the
following:
   (1) A portion of the adoption fee or other fees rendered in
acquiring the dog, which will enable the adopter to take the dog for
spaying or neutering to a veterinarian with whom the public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group has an
agreement that provides that the veterinarian will bill the shelter
directly for the sterilization.
   (2) A deposit that is both of the following:
   (A) Refundable to the recipient if proof of spaying or neutering
of the dog is presented to the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group not more than 30 business
days after the date the dog is spayed or neutered.
   (B) Forfeited to the public animal control agency or shelter,
society for the prevention of cruelty to animals shelter, humane
society shelter, or rescue group if proof of spaying or neutering is
not presented to the animal shelter within 30 business days.
   (b) A spaying or neutering deposit shall be in the amount
determined by the shelter, but shall not be less than forty dollars
($40) and shall not exceed seventy-five dollars ($75).
   (c) All spaying or neutering deposits forfeited or unclaimed under
this section shall be retained by the  public animal control agency
or shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group and shall be used by the
public animal control agency or shelter, society for the prevention
of cruelty to animals shelter, humane society shelter, or rescue
group only for the following purposes:
   (1) A program to spay or neuter dogs and cats.
   (2) A public education program to reduce and prevent
overpopulation of dogs and cats, and the related costs to local
government.
   (3) A followup program to ensure that dogs and cats transferred by
the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group are spayed or neutered in accordance with the agreement
executed under subdivision (d) of Section 30520.
   (4) Any additional costs incurred by the public animal control
agency or shelter, society for the prevention of cruelty to animals
shelter, humane society shelter, or rescue group in the
administration of the requirements of this chapter.



30522.  (a) (1) If a recipient fails to comply with the spaying or
neutering agreement within 30 business days after the agreement is
signed, the recipient shall forfeit the sterilization deposit and is
subject to a fine pursuant to Section 30523.
   (2) An animal control officer, humane officer, police officer,
peace officer, or any agency authorized to enforce the Penal Code may
write citations with a civil penalty stated in an amount
corresponding to the violation as provided in Section 30523.  The
fines shall be paid to the local municipality or public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, humane shelter, or rescue group.  Any funds
collected under this section shall be expended for the purpose of
humane education, programs for low-cost spaying and neutering of dogs
and cats, and any additional costs incurred by the animal shelter in
the administration of the requirements of this chapter.
   (3) If the owner, at any time subsequent to 30 business days after
the spaying or neutering agreement was signed, provides proof of
spaying or neutering, the deposit shall be forfeited, but any fine
levied but not yet paid, shall be waived.
   (b) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group may extend the date by which spaying or neutering is to
be completed at its discretion for good cause shown.  Any extension
shall be in writing.
   (c) If a veterinarian licensed to practice veterinary medicine in
this state certifies that a dog is too sick or injured to be spayed
or neutered, or that it would otherwise be detrimental to the health
of the dog to be spayed or neutered, the adopter or purchaser shall
pay the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group a deposit of not less than forty dollars ($40), and not
more than seventy-five dollars ($75).  The entity shall establish the
amount of the deposit at the level it determines is necessary to
encourage the spaying or neutering of dogs.  The deposit shall be
temporary, and shall be retained only until the dog is healthy enough
to be spayed or neutered as certified by a veterinarian licensed to
practice veterinary medicine in this state.  The dog shall be spayed
or neutered within 14 business days of that certification.  The
adopter or purchaser shall obtain written proof of spaying or
neutering from the veterinarian performing the operation.  If the
adopter or purchaser presents proof of spaying or neutering to the
entity from which the dog was obtained within 30 business days, the
adopter or purchaser shall receive a full refund of the deposit.
   (d) If an adopted dog dies within the spaying or neutering period
provided for in the written agreement pursuant to Section 30520,
subdivision (c) shall not apply to the dog.  In that case, the
recipient may receive a reimbursement of the sterilization deposit by
submitting to the public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group within the sterilization period a signed
letter from a veterinarian licensed to practice medicine in this
state stating that the animal has died.  The letter shall include a
description of the dog.



30523.  (a) (1) A person who commits any violation of subdivision
(b) is subject to a civil penalty of not less than fifty dollars
($50) on a first violation of subdivision (b), and a civil penalty of
not less than one hundred dollars ($100) on any second or subsequent
violation of subdivision (b).
   (2) An action for a penalty proposed under this section may be
commenced by the administrator of the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group from which the recipient
obtained the animal that is the subject of the violation in a court
of competent jurisdiction.
   (b) A person is subject to the civil penalties pursuant to
subdivision (a) if that person does any of the following:
   (1) Falsifies any proof of spaying or neutering submitted for the
purpose of compliance with this chapter.
   (2) Provides to a public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group or a licensed veterinarian inaccurate
information regarding ownership of any dog required to be submitted
for spaying or neutering under this chapter.
   (3) Submits to a public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group false information regarding sterilization
fees or fee schedules.
   (4) Issues a check for insufficient funds for any spaying or
neutering deposit required under this chapter.
   (c) All penalties collected under this section shall be retained
by the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group imposing the penalties, to be used solely for purposes
provided for under subdivision (c) of Section 30521.



30524.  Local ordinances concerning the adoption or placement
procedures of any public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group shall be at least as restrictive as this
chapter.



30525.  Whenever a dog license tag is issued pursuant to this
division, the tag shall be issued for one-half or less of the fee
required for a dog, if a certificate is presented from a licensed
veterinarian that the dog has been spayed or neutered.




30526.  This chapter shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CALIFORNIA CODES
FOOD AND AGRICULTURAL CODE
SECTION 31751-31754




31751.  (a) For the purposes of this division, each member of a
litter of kittens, weaned or unweaned, shall be treated as an
individual animal.
   (b) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.



31751.3.  (a) Except as otherwise provided in subdivision (b), no
public animal control agency or shelter, society for the prevention
of cruelty to animals shelter, humane society shelter, or rescue
group shall sell or give away to a new owner any cat that has not
been spayed or neutered.
   For the purposes of this section, a rescue group is a for profit
or not for profit entity, or a collaboration of individuals with at
least one of its purposes being the sale or placement of cats that
have been removed from a public animal control agency or shelter,
society for the prevention of cruelty to animals shelter, or humane
shelter or that have been previously owned by any person other than
the original breeder of that cat.
   (b) If a veterinarian licensed to practice veterinary medicine in
this state certifies that a cat is too sick or injured to be spayed
or neutered, or that it would otherwise be detrimental to the health
of the cat to be spayed or neutered, the adopter or purchaser shall
pay the public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group a deposit of not less than forty dollars ($40), and not
more than seventy-five dollars ($75).  The entity shall establish the
amount of the deposit at the level it determines is necessary to
encourage the spaying or neutering of cats.  The deposit shall be
temporary, and shall only be retained until the cat is healthy enough
to be spayed or neutered, as certified by a veterinarian licensed to
practice veterinary medicine in this state.  The cat shall be spayed
or neutered within 14 business days of that certification.  The
adopter or purchaser shall obtain written proof of spaying or
neutering from the veterinarian performing the operation.  If the
adopter or purchaser presents proof of spaying or neutering to the
entity from which the cat was obtained within 30 business days of
obtaining the proof, the adopter or purchaser shall receive a full
refund of the deposit.
   (c) Public animal control agencies or shelters, society for the
prevention of cruelty to animals shelters, humane society shelters,
and rescue groups may enter into cooperative agreements with each
other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
   (d) Any funds from unclaimed deposits made pursuant to this
section, as it read on January 1,  1999, and any funds from deposits
unclaimed after January 1, 2000, may be expended only for programs to
spay or neuter cats and dogs, including agreements with a society
for the prevention of cruelty to animals or a humane society or
licensed veterinarian, to operate a program to spay or neuter cats
and dogs.
   (e) This section only applies to a county that has a population
exceeding 100,000 persons as of January 1,  2000, and to cities
within that county.
   (f) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.


31751.3.  (a) No public pound, society for the prevention of cruelty
to animals shelter, or humane shelter shall sell or give away any
cat that has not been spayed or neutered, unless a deposit for
spaying or neutering the cat has been tendered to the pound or
shelter.  The deposit shall be in the amount determined by the pound
or shelter to be comparable to the lowest fee charged by
veterinarians in the locale, but shall not exceed thirty dollars
($30).  A veterinarian shall perform the operation.  If a female cat
and her kittens are sold or given away to one individual, only a
single deposit shall be required.  The pound or shelter may make
appropriate arrangements for the spaying or neutering of the cat, or
may return the deposit to the person purchasing or receiving the cat
upon presentation of a written statement or receipt from the
veterinarian or clinic that the cat has been spayed or neutered.  The
deposit may also include the amount necessary to recover any
additional costs under this section.
   (b) All cats over six months of age at the time they are sold or
given away by the pound or shelter shall be spayed or neutered within
60 days, or the deposit shall be deemed unclaimed.  All cats six
months of age or younger at the time they are sold or given away by
the pound or shelter shall be spayed or neutered within six months,
or the deposit shall be deemed unclaimed.
   (c) Any deposits not claimed under subdivision (a) shall be used
only for the following purposes:
   (1) A public education program to prevent overpopulation of cats
and dogs.
   (2) A program to spay or neuter cats and dogs.
   (3) A followup program to assure that animals sold or given away
by the pound or shelter are spayed or neutered.
   (4) Any additional costs incurred under this section.
   (d) Public pounds, society for the prevention of cruelty to
animals shelters, and humane shelters may enter into cooperative
agreements with each other and with veterinarians in carrying out
this section.
   (e) This section shall become operative on January 1, 2006.




31751.5.  Whenever a city or county requires cat license tags, any
such tag shall be issued for one-half or less of the fee required for
a cat, if a certificate is presented from a licensed veterinarian
that the cat has been spayed or neutered.



31751.6.  Any licensed cattery may be exempted pursuant to
regulation or ordinance from any requirement to obtain a license tag
for each cat within the cattery.



31751.7.  (a) The owner of a nonspayed or unneutered cat that is
impounded once by a city or county animal control agency or shelter,
society for the prevention of cruelty to animals, or humane society,
shall be fined thirty-five dollars ($35) on the first occurrence,
fifty dollars ($50) on the second occurrence, and one hundred dollars
($100) for the third or subsequent occurrence.  These fines are for
unneutered impounded animals only, and are not in lieu of any fines
or impound fees imposed by any individual city, county, public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter.
   (b) An animal control officer, humane officer, police officer,
peace officer, or any agency authorized to enforce the Penal Code may
write citations with a civil penalty stated in an amount
corresponding to the violation as provided in subdivision (a).  The
fines shall be paid to the local municipality or public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter.  Any funds collected
under this section shall be expended for the purpose of humane
education, programs for low cost spaying and neutering of cats, and
any additional costs incurred by the animal shelter in the
administration of the requirements of this division.
   (c) Local ordinances concerning the adoption or placement
procedures of any public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group shall be at least as restrictive as this
division.
   (d) This section applies to each county and cities within each
county, regardless of population.
   (e) No city or county, society for the prevention of cruelty to
animals, or humane society is subject to any civil action by the
owner of a cat that is spayed or neutered in accordance with this
section.
   (f) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.


31752.  (a) The required holding period for a stray cat impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
   (1) If the public or private shelter has made the cat available
for owner redemption on one weekday evening until at least 7:00 p.m.
or one weekend day, the holding period shall be four business days,
not including the day of impoundment.
   (2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their cats by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
   Except as provided in Sections 17006 and 31752.5, stray cats shall
be held for owner redemption during the first three days of the
holding period, not including the day of impoundment, and shall be
available for owner redemption or adoption for the remainder of the
holding period.
   (b) Except as provided in Section 17006, any stray cat that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal.  In addition to any required spay or
neuter deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
adopted or released.  The public or private shelter may enter into
cooperative agreements with any animal rescue or adoption
organization.
   (c) During the holding period required by this section and prior
to the adoption or euthanasia of a cat impounded pursuant to this
division, a public or private shelter shall scan the cat for a
microchip that identifies the owner of that cat and shall make
reasonable efforts to contact the owner and notify him or her that
his or her cat is impounded and is available for redemption.



31752.2.  (a) Upon relinquishment of a cat to a public or private
shelter, the owner of that cat shall present sufficient
identification to establish his or her ownership of the cat and shall
sign a statement that he or she is the lawful owner of the cat.
   (b) Any person who provides false information pursuant to this
subdivision about his or her ownership of the cat shall be liable to
the true owner of the cat in the amount of one thousand dollars
($1,000).


31752.5.  (a) The Legislature finds and declares the following:
   (1) Domestic cats' temperaments range from completely docile
indoor pets to completely unsocialized outdoor cats that avoid all
contact with humans.
   (2) "Feral cats" are cats with temperaments that are completely
unsocialized, although frightened or injured tame pet cats may appear
to be feral.
   (3) Some people care for or own feral cats.
   (4) Feral cats pose particular safety hazards for shelter
employees.
   (5) It is cruel to keep feral cats caged for long periods of time;
however, it is not always easy to distinguish a feral cat from a
frightened tame cat.
   (b) For the purposes of this section, a "feral cat" is defined as
a cat without owner identification of any kind whose usual and
consistent temperament is extreme fear and resistance to contact with
people.  A feral cat is totally unsocialized to people.
   (c) Notwithstanding Section 31752, if an apparently feral cat has
not been reclaimed by its owner or caretaker within the first three
days of the required holding period, shelter personnel qualified to
verify the temperament of the animal shall verify whether it is feral
or tame by using a standardized protocol.  If the cat is determined
to be docile or a frightened or difficult tame cat, the cat shall be
held for the entire required holding period specified in Section
31752.  If the cat is determined to be truly feral, the cat may be
euthanized or relinquished to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal adoption organization
that agrees to the spaying or neutering of the cat if it has not
already been spayed or neutered.  In addition to any required spay or
neuter deposit, the pound or shelter, at its discretion, may assess
a fee, not to exceed the standard adoption fee, for the animal
released.



31753.  Any rabbit, guinea pig, hamster, potbellied pig, bird,
lizard, snake, turtle, or tortoise that is legally allowed as
personal property and that is impounded in a public or private
shelter shall be held for the same period of time, under the same
requirements of care, and with the same opportunities for redemption
and adoption by new owners or nonprofit, as defined in Section 501(c)
(3) of the Internal Revenue Code, animal rescue or adoption
organizations as provided for cats and dogs.  Section 17006 shall
also apply to these animals.  In addition to any required spay or
neuter deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
adopted by new owners or released to nonprofit animal rescue or
adoption organizations pursuant to this section.



31754.  (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
public or private shelters shall be held for the same holding
periods, with the same requirements of care, applicable to stray dogs
and cats in Sections 31108 and  31752, and shall be available for
owner redemption or adoption  for the entire holding period.
   (b) Notwithstanding subdivision (a), kittens or puppies
relinquished by the purported owner, or brought in by any other
person with authority to relinquish them, to public or private
shelters, may be available immediately for adoption.
   (c) This section shall become operative on July 1, 2002.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CALIFORNIA CODES
FOOD AND AGRICULTURAL CODE
SECTION 30801-30807




30801.  (a) A board of supervisors may provide for the issuance of
serially numbered metallic dog licenses pursuant to this section.
The dog licenses shall be:
   (1) Stamped with the name of the county and the year of issue.
   (2) (A) Unless the board of supervisors designates the animal
control department to issue the licenses, issued by the county clerk,
to owners of dogs, that make application.
   (B) The board of supervisors or animal control department may
authorize veterinarians to issue the licenses to owners of dogs that
make application.
   (b) The licenses shall be issued for a period of not to exceed two
years.
   (c) In addition to the authority provided in subdivisions (a) and
(b), a license may be issued, as provided by this section, by a board
of supervisors for a period not to exceed three years for dogs that
have attained the age of 12 months, or older, and who have been
vaccinated against rabies.  The person to whom the license is to be
issued pursuant to this subdivision may choose a license period as
established by the board of supervisors of up to one, two, or three
years.  However, when issuing a license pursuant to this subdivision,
the license period shall not extend beyond the remaining period of
validity for the current rabies vaccination.



30802.  Each application for a dog license tag shall state the age,
sex, color, and breed of the dog for which the license is desired and
the address of the owner.



30803.  The county clerk or animal control department shall endorse
upon the application for a dog license tag the number of the license
tag issued.
   All applications which have been endorsed shall be kept on file in
the office of the county clerk or animal control department open to
public inspection.


30804.  The fee for the issuance of the dog license tag is fifty
cents ($0.50).  The board of supervisors may, however, increase the
fee.


30804.5.  Whenever dog license tags are issued pursuant to this
division, any such tag shall be issued for one-half or less of the
fee required for a dog, if a certificate is presented from a licensed
veterinarian that the dog has been spayed or neutered.




30804.7.  (a) The owner of a nonspayed or unneutered dog that is
impounded once by a city or county animal control agency or shelter,
society for the prevention of cruelty to animals, or humane society,
shall be fined thirty-five dollars ($35) on the first occurrence,
fifty dollars ($50) on the second occurrence, and one hundred dollars
($100) for the third or subsequent occurrence.  These fines are for
unneutered impounded animals only, and are not in lieu of any fines
or impound fees imposed by any individual city, county, public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter.
   (b) An animal control officer, humane officer, police officer,
peace officer, or any agency authorized to enforce the Penal Code may
write citations with a civil penalty stated in an amount
corresponding to the violation as provided in subdivision (a).  The
fines shall be paid to the local municipality or public animal
control agency or shelter, society for the prevention of cruelty to
animals shelter, or humane society shelter.  Any funds collected
under this section shall be expended for the purpose of humane
education, programs for low cost spaying and neutering of dogs, and
any additional costs incurred by the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group in the administration of the
requirements of this division.
   (c) This section applies to each county and cities within each
county, regardless of population.
   (d) No city or county, society for the prevention of cruelty to
animals, or humane society is subject to any civil action by the
owner of a dog that is spayed or neutered in accordance with this
section.
   (e) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that
date.



30805.  The board of supervisors shall fix the compensation of the
county clerk or animal control department for issuing dog license
tags.


30806.  In any county that does not have an animal control
department, the county clerk shall perform the functions assigned to
the county animal control department in this chapter.



30807.  Any licensed kennel may be exempted pursuant to regulation
or ordinance from any requirement to obtain a license tag for each
dog within the kennel.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CALIFORNIA CODES
FOOD AND AGRICULTURAL CODE
SECTION 31621-31626




31621.  If an animal control officer or a law enforcement officer
has investigated and determined that there exists probable cause to
believe that a dog is potentially dangerous or vicious, the chief
officer of the public pound or animal control department or his or
her immediate supervisor or the head of the local law enforcement
agency, or his or her designee, shall petition the superior court of
the county wherein the dog is owned or kept for a hearing for the
purpose of determining whether or not the dog in question should be
declared potentially dangerous or vicious.  A proceeding under this
section is a limited civil case.  A city or county may establish an
administrative hearing procedure to hear and dispose of petitions
filed pursuant to this chapter.  Whenever possible, any complaint
received from a member of the public which serves as the evidentiary
basis for the animal control officer or law enforcement officer to
find probable cause shall be sworn to and verified by the complainant
and shall be attached to the petition.  The chief officer of the
public pound or animal control department or head of the local law
enforcement agency shall notify the owner or keeper of the dog that a
hearing will be held by the superior court or the hearing entity, as
the case may be, at which time he or she may present evidence as to
why the dog should not be declared potentially dangerous or vicious.
The owner or keeper of the dog shall be served with notice of the
hearing and a copy of the petition, either personally or by
first-class mail with return receipt requested.  The hearing shall be
held promptly within no less than five working days nor more than 10
working days after service of notice upon the owner or keeper of the
dog.  The hearing shall be open to the public.  The court may admit
into evidence all relevant evidence, including incident reports and
the affidavits of witnesses, limit the scope of discovery, and may
shorten the time to produce records or witnesses.  A jury shall not
be available.  The court may find, upon a preponderance of the
evidence, that the dog is potentially dangerous or vicious and make
other orders authorized by this chapter.



31622.  (a) After the hearing conducted pursuant to Section 31621,
the owner or keeper of the dog shall be notified in writing of the
determination and orders issued, either personally or by first-class
mail postage prepaid by the court or hearing entity.  If a
determination is made that the dog is potentially dangerous or
vicious, the owner or keeper shall comply with Article 3 (commencing
with Section 31641) in accordance with a time schedule established by
the chief officer of the public pound or animal control department
or the head of the local law enforcement agency, but in no case more
than 30 days after the date of the determination or 35 days if notice
of the determination is mailed to the owner or keeper of the dog.
If the petitioner or the owner or keeper of the dog contests the
determination, he or she may, within five days of the receipt of the
notice of determination, appeal the decision of the court or hearing
entity of original jurisdiction.  The fee for filing an appeal shall
be twenty dollars ($20), payable to the clerk of the court.  If the
original hearing held pursuant to Section 31621 was before a hearing
entity other than a court of the jurisdiction, appeal shall be to the
superior court.  If the original hearing was held in the superior
court, appeal shall be to the superior court before a judge other
than the judge who originally heard the petition.  The petitioner or
the owner or keeper of the dog shall serve personally or by
first-class mail, postage prepaid, notice of the appeal upon the
other party.
   (b) The court hearing the appeal shall conduct a hearing de novo,
without a jury, and make its own determination as to potential danger
and viciousness and make other orders authorized by this chapter,
based upon the evidence presented.  The hearing shall be conducted in
the  same manner and within the time periods set forth in Section
31621 and subdivision (a).  The court may admit all relevant
evidence, including incident reports and the affidavits of witnesses,
limit the scope of discovery, and may shorten the time to produce
records or witnesses.  The issue shall be decided upon the
preponderance of the evidence.  If the court rules the dog to be
potentially dangerous or vicious, the court may establish a time
schedule to ensure compliance with this chapter, but in no case more
than 30 days subsequent to the date of the court's determination or
35 days if the service of the judgment is by first-class mail.




31623.  The court or hearing entity of original jurisdiction or the
court hearing the appeal may decide all issues for or against the
owner or keeper of the dog even if the owner or keeper fails to
appear at the hearing.


31624.  The determination of the court hearing the appeal shall be
final and conclusive upon all parties.



31625.  (a) If upon investigation it is determined by the animal
control officer or law enforcement officer that probable cause exists
to believe the dog in question poses an immediate threat to public
safety, then the animal control officer or law enforcement officer
may seize and impound the dog pending the hearings to be held
pursuant to this article.  The owner or keeper of the dog shall be
liable to the city or county where the dog is impounded for the costs
and expenses of keeping the dog, if the dog is later adjudicated
potentially dangerous or vicious.
   (b) When a dog has been impounded pursuant to subdivision (a) and
it is not contrary to public safety, the chief animal control officer
shall permit the animal to be confined at the owner's expense in a
department approved kennel or veterinary facility.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

1834.  A depositary of living animals shall provide the animals with
necessary and prompt veterinary care, nutrition, and shelter, and
treat them kindly.  Any depositary that fails to perform these duties
may  be liable for civil damages as provided by law.



1834.4.  (a) It is the policy of the state that no adoptable animal
should be euthanized if it can be adopted into a suitable home.
Adoptable animals include only those animals eight weeks of age or
older that, at or subsequent to the time the animal is impounded or
otherwise taken into possession, have manifested no sign of a
behavioral or temperamental defect that could pose a health or safety
risk or otherwise make the animal unsuitable for placement as a pet,
and have manifested no sign of disease, injury, or congenital or
hereditary condition that adversely affects the health of the animal
or that is likely to adversely affect the animal's health in the
future.
   (b) It is the policy of the state that no treatable animal should
be euthanized.  A treatable animal shall include any animal that is
not adoptable but that could become adoptable with reasonable
efforts.  This subdivision, by itself, shall not be the basis of
liability for damages regarding euthanasia.
 

1360.5.  (a) No governing documents shall prohibit the owner of a
separate interest within a common interest development from keeping
at least one pet within the common interest development, subject to
reasonable rules and regulations of the association.  This section
may not be construed to affect any other rights provided by law to an
owner of a separate interest to keep a pet within the development.
   (b) For purposes of this section, "pet" means any domesticated
bird, cat, dog, aquatic animal kept within an aquarium, or other
animal as agreed to between the association and the homeowner.
   (c) If the association implements a rule or regulation restricting
the number of pets an owner may keep, the new rule or regulation
shall not apply to prohibit an owner from continuing to keep any pet
that the owner currently keeps in his or her separate interest if the
pet otherwise conforms with the previous rules or regulations
relating to pets.
   (d) For the purposes of this section, "governing documents" shall
include, but are not limited to, the conditions, covenants, and
restrictions of the common interest development, and the bylaws,
rules, and regulations of the association.
   (e) This section shall become operative on January 1, 2001, and
shall only apply to governing documents entered into, amended, or
otherwise modified on or after that date.
 

2080.  Any person who finds a thing lost is not bound to take charge
of it, unless the person is otherwise required to do so by contract
or law, but when the person does take charge of it he or she is
thenceforward a depositary for the owner, with the rights and
obligations of a depositary for hire.  Any person or any public or
private entity that finds and takes possession of any money, goods,
things in action, or other personal property, or saves any domestic
animal from harm, neglect, drowning, or starvation, shall, within a
reasonable time, inform the owner, if known, and make restitution
without compensation, except a reasonable charge for saving and
taking care of the property.  Any person who takes possession of a
live domestic animal shall provide for humane treatment of the
animal.
 

3341.  The owner, possessor, or harborer of any dog or other animal,
that shall, on the premises of any person other than the owner,
possessor, or harborer of such dog or other animal, kill, worry, or
wound any bovine animal, swine, horse, mule, burro, sheep, angora
goat, or cashmere goat, or poultry, shall be liable to the owner of
the same for the damages and costs of suit, to be recovered in any
court of competent jurisdiction:
   1. In the prosecution of actions under the provisions of this
chapter, it shall not be necessary for the plaintiff to show that the
owner, possessor, or harborer of such dog or other animal, had
knowledge of the fact that such dog or other animal would kill, wound
or worry bovine animals, swine, horses, mules, burros, sheep, goats,
or poultry.
   2. Any person on finding any dog or dogs, or other animal, not on
the premises of the owner or possessor of such dog or dogs, or other
animal, worrying, wounding, or killing any bovine animals, swine,
horses, mules, burros, sheep, angora or cashmere goats, may, at the
time of finding such dog or dogs, or other animal, kill the same, and
the owner or owners thereof shall sustain no action for damages
against any person so killing such dog or dogs, or other animal.
   Nothing in this section shall render an owner, possessor, or
harborer of a dog liable for the accidental or unavoidable killing or
injury of any bovine animal, swine, horse, mule, burro, sheep,
angora goat, cashmere goat, or poultry which occurs in connection
with or as a incident to the driving or herding the same from the
premises of the owner, possessor, or harborer of the dog, whether
such killing or injury occurs upon such premises or off of such
premises.


3342.  (a) The owner of any dog is liable for the damages suffered
by any person who is bitten by the dog while in a public place or
lawfully in a private place, including the property of the owner of
the dog, regardless of the former viciousness of the dog or the owner'
s knowledge of such viciousness.  A person is lawfully upon the
private property of such owner within the meaning of this section
when he is on such property in the performance of any duty imposed
upon him by the laws of this state or by the laws or postal
regulations of the United States, or when he is on such property upon
the invitation, express or implied, of the owner.
   (b) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (a) against any governmental agency
using a dog in military or police work if the bite or bites occurred
while the dog was defending itself from an annoying, harassing, or
provoking act, or assisting an employee of the agency in any of the
following:
   (1) In the apprehension or holding of a suspect where the employee
has a reasonable suspicion of the suspect's involvement in criminal
activity.
   (2) In the investigation of a crime or possible crime.
   (3) In the execution of a warrant.
   (4) In the defense of a peace officer or another person.
   (c) Subdivision (b) shall not apply in any case where the victim
of the bite or bites was not a party to, nor a participant in, nor
suspected to be a party to or a participant in, the act or acts that
prompted the use of the dog in the military or police work.
   (d) Subdivision (b) shall apply only where a governmental agency
using a dog in military or police work has adopted a written policy
on the necessary and appropriate use of a dog for the police or
military work enumerated in subdivision (b).



3342.5.  (a) The owner of any dog that has bitten a human being
shall have the duty to take such reasonable steps as are necessary to
remove any danger presented to other persons from bites by the
animal.
   (b) Whenever a dog has bitten a human being on at least two
separate occasions, any person, the district attorney, or city
attorney may bring an action against the owner of the animal to
determine whether conditions of the treatment or confinement of the
dog or other circumstances existing at the time of the bites have
been changed so as to remove the danger to other persons presented by
the animal.  This action shall be brought in the county where a bite
occurred.  The court, after hearing, may make any order it deems
appropriate to prevent the recurrence of such an incident, including,
but not limited to, the removal of the animal from the area or its
destruction if necessary.
   (c) Whenever a dog trained to fight, attack, or kill has bitten a
human being, causing substantial physical injury, any person,
including the district attorney, or city attorney may bring an action
against the owner of the animal to determine whether conditions of
the treatment or confinement of the dog or other circumstances
existing at the time of the bites have been changed so as to remove
the danger to other persons presented by the animal.  This action
shall be brought in the county where a bite occurred.  The court,
after hearing, may make any order it deems appropriate to prevent the
recurrence of such an incident, including, but not limited to, the
removal of the animal from the area or its destruction if necessary.

   (d) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (b) based on a bite or bites inflicted
upon a trespasser, or by a dog used in military or police work if
the bite or bites occurred while the dog was actually performing in
that capacity.
   (e) Nothing in this section shall be construed to prevent
legislation in the field of dog control by any city, county, or city
and county.
   (f) Nothing in this section shall be construed to affect the
liability of the owner of a dog under Section 3342 or any other
provision of the law.
   (g) A proceeding under this section is a limited civil case.
 

1844.  Gratuitous deposit is a deposit for which the depositary
receives no consideration beyond the mere possession of the thing
deposited.


1845.  An involuntary deposit is gratuitous, the depositary being
entitled to no reward.  However,  an involuntary depositary of any
live animal may accept advertised rewards or rewards freely offered
by the owner of the animal.


1846.  (a) A gratuitous depositary must use, at least, slight care
for the preservation of the thing deposited.
   (b) A gratuitous depositary of a living animal shall provide the
animal with necessary and prompt veterinary care, adequate nutrition
and water, and shelter, and shall treat it humanely and, if the
animal