BILL NUMBER: AB 2536	INTRODUCED
	BILL TEXT


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.
State-mandated 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.