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AB-2536 Stray animals: ownership.(2011-2012)

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AB2536:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2536

Introduced  by  Assembly Member Butler

February 24, 2012

An act to add Section 1816.5 to the Civil Code, and to amend Sections 31108 and 31752 of the Food and Agricultural Code, relating to stray animals.


LEGISLATIVE COUNSEL'S DIGEST


AB 2536, as introduced, Butler. Stray animals: ownership.
Existing law provides that an involuntary deposit is made by the delivery to, picking up by, or holding of, a stray live animal by any person or entity. Under existing law, any person or private entity with whom a live animal is involuntarily deposited must immediately notify animal control officials for the purpose of retrieving the animal, as specified.
This bill would instead provide that when a person or private entity finds a stray live animal, the finder must immediately notify the owner if the owner’s identity is reasonably ascertainable. The bill would require the finder to promptly bring the animal to an animal control agency or humane society for inspection if the finder cannot notify the owner. If the agency cannot identify the animal’s owner and the finder wishes to become the animal’s owner, the bill would permit the finder to retain possession of the animal for 14 days, after which legal title would vest in the finder unless the animal’s owner has notified the agency or finder of his or her intent to reclaim the animal. The bill would require a finder to microchip, vaccinate, and spay or neuter the animal within 14 days of receiving legal title, with certain exceptions, and would make a finder’s failure to comply with this provision an infraction punishable by a fine of $250. The bill also would permit the prior owner to file a petition to regain ownership of the animal within 6 months of legal title having vested in the finder, and would require the superior court to hold a hearing at which the prior owner could regain ownership if he or she demonstrates good cause, as defined, for failing to claim ownership during the initial 14-day holding period.
By increasing the duties of local animal control agencies and humane societies and by creating a new infraction, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1816.5 is added to the Civil Code, to read:

1816.5.
 (a) The Legislature finds and declares the following:
(1) The housing of stray domestic animals by municipal animal control agencies, humane societies, and societies for the prevention of cruelty to animals imposes a significant financial burden on those entities.
(2) When a private individual or entity is willing and able to humanely care for a stray domestic animal, including, but not limited to, providing shelter, proper nutrition, and veterinary care, instead of surrendering the animal, a shelter, municipal animal control agency, humane society, or society for the prevention of cruelty to animals is able to reserve its space and other limited resources for other stray animals.
(3) Provided that there are adequate safeguards in place that promote the reunification of a stray animal with its owner, it can be in the best interests of the stray animal to be held and housed by a private individual or entity instead of being held and housed in a shelter.
(b) For the purposes of this section, the following definitions apply:
(1) “Agency” means any city, county, or city and county animal control agency, humane society, or society for prevention of cruelty to animals contracted to care for stray animals.
(2) “Finder” means any person or private entity with which a live animal is deposited in the manner described in subdivisions (c) and (d) of Section 1815.
(3) “Good cause” includes, but is not limited to, unavailability due to hospitalization or incarceration, and travel and movement of the animal to a jurisdiction different than that in which the prior owner is located.
(c) A finder of a live stray animal shall immediately notify the owner if the owner is reasonably ascertainable. If the finder is unable to return the animal to its owner, the finder shall bring the animal to an agency having jurisdiction over the location in which the animal was found no later than one day after the animal was found, or the first day that the agency is open for business, whichever is sooner.
(d) When a finder presents a live stray animal to an agency under subdivision (c), the agency shall inspect the animal for a microchip pursuant to subdivision (c) of Section 31108 of the Food and Agricultural Code, if the animal is a dog, or pursuant to subdivision (c) of Section 31752 of the Food and Agricultural Code, if the animal is a cat, and for any other identifying information about the animal, including, but not limited to, an identification tag, license tag, or tattoo.
(1) If the agency is able to identify the owner after its inspection, the agency shall take possession of the animal and immediately notify its owner.
(2) If the agency is unable to identify the owner after its inspection, and the finder does not want to obtain ownership of the animal, the agency shall take possession of the animal.
(3) After taking possession of an animal under paragraph (1) or (2), an agency shall hold the animal as specified in Sections 31108, 31752, and 31753 of the Food and Agricultural Code.
(e) If an agency is unable to identify a live stray animal’s owner after its inspection of the animal, and the finder wants to obtain ownership of the animal, the finder may retain possession of the animal during the owner redemption period instead of surrendering it to the agency. Before releasing the animal to the finder, the agency shall verify the finder’s identity with government-issued photo identification and may also insert a microchip in the animal containing the agency’s contact information. The finder shall sign a sworn declaration agreeing to comply with Section 1834 and any applicable state or local laws before receiving the animal.
(f) (1) When a finder retains possession of a live stray animal under subdivision (e), the finder shall provide the agency with all relevant information that would be reasonably calculated to reunite the animal with its owner, including, but not limited to, the finder’s name and address, the location in which the animal was found, and the circumstances in which the finder obtained possession of the animal. During the redemption period, the agency shall include this information, with the exception of the finder’s name and address, along with a photograph and physical description of the animal, in a print or electronic medium available for public viewing during normal business hours.
(2) The finder may return the animal to the agency at any point during the redemption period if he or she no longer wishes to obtain ownership of the animal.
(g) If the owner of an animal held by a finder under subdivision (e) notifies the agency or the finder of his or her intent to reclaim the animal within 14 days of the animal’s inspection by the agency, the finder shall immediately surrender the animal to the agency. If the owner does not notify the agency or finder within that time period, legal title to the animal shall vest in the finder.
(h) Within 14 days of legal title vesting in the finder under subdivision (g), the finder shall cause all of the following to be done:
(1) Microchip the animal, if it is a dog or a cat, if not already done pursuant to subdivision (e).
(2) Vaccinate the animal against rabies if it is a dog.
(3) Spay or neuter the animal as required by Section 30503 or 31751.3 of the Food and Agricultural Code.
(i) A finder’s failure to comply with subdivision (h) shall constitute an infraction punishable by a fine of two hundred fifty dollars ($250).
(j) If, within six months of legal title vesting in the finder under subdivision (g), the prior owner notifies the agency that he or she wishes to regain ownership of the animal, the prior owner shall initiate a proceeding in the superior court of the county in which the agency is located. The agency shall be required to provide the name and address of the finder to the prior owner.
(1) A proceeding under this subdivision shall be initiated by filing a petition to regain ownership within 10 days after the date that the prior owner knew or should have known that legal title to the animal had vested in the finder. The petition shall show good cause as to why the prior owner failed to reclaim the animal within the initial 14-day period and shall set forth a date for a hearing on the matter in accordance with Section 1005 of the Code of Civil Procedure.
(2) The prior owner shall serve a copy of the petition on the finder and agency pursuant to Sections 1005, 1011, 1012, 1013, and 1013a of the Code of Civil Procedure.
(3) The finder may file an opposition to the petition, and the prior owner may file a reply to the opposition. These filings shall be served on the adverse party pursuant to Sections 1005, 1011, 1012, 1013, and 1013a of the Code of Civil Procedure.
(4) All filings under this subdivision shall be formatted in compliance with California Rules of Court 311 to 316, inclusive.
(5) The petitioner is entitled to a hearing on the petition, during which the court shall allow oral argument. The finder assumes all duties and liabilities of the prior owner with respect to the animal pending the hearing, including, but not limited to, liability for personal injury or property damage, and shall indemnify the agency for any liability incurred in connection with the animal.
(6) The court shall only grant the petition upon a finding, based on admissible evidence, that good cause prevented the prior owner from reclaiming the animal during the initial 14-day period. Upon granting the petition, the court may order the prior owner to reimburse the finder for the reasonable costs of caring for the animal, including, but not limited to, the cost of medical care, food, and grooming.
(k) The agency and the finder shall not incur any civil or criminal liability as a result of compliance with this section.
(l) The agency may charge a fee to cover the costs of compliance with this section, including the costs of inspecting the animal, maintaining records, placing a notice under subdivision (f) in a print or electronic medium, and inserting a microchip in the animal if one is inserted.

SEC. 2.

 Section 31108 of the Food and Agricultural Code is amended to read:

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 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.
(3) If the finder of the stray dog retains possession pursuant to subdivision (e) of Section 1816.5 of the Civil Code, the holding period for owner redemption shall be 14 days.
(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 or to the finder as provided in subdivision (e) of Section 1816.5 of the Civil Code. 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.
(d) As used in this division, a “business day” includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays.

SEC. 3.

 Section 31752 of the Food and Agricultural Code is amended to read:

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 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.
(3) If the finder of the stray cat retains possession pursuant to subdivision (e) of Section 1816.5 of the Civil Code, the holding period for owner redemption shall be 14 days.
(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 or to the finder as provided in subdivision (e) of Section 1816.5 of the Civil Code. 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.
(d) As used in this division, a “business day” includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.