SECTIONS 14500-14505

14500.  This title extends to all corporations heretofore formed andexisting for the prevention of cruelty to animals, but does notextend or apply to any association, society, or corporation that usesor specifies a name or style of the same, or substantially the same,as that of any previously existing society or corporation in thisstate organized for a like purpose.14501.  Every society, incorporated and organized for the preventionof cruelty to animals may enter into a contract with any city, orcity and county, or county, where the society is located, to enforcethe provisions of laws of this state for the prevention of cruelty toanimals, or arresting, or prosecuting offenders thereunder orpreventing cruelty to animals. A humane society may perform thoseactions in the absence of a contract with a city, city and county, orcounty.14502.  (a) (1) (A) (i) On and after July 1, 1996, no entity, otherthan a humane society or society for the prevention of cruelty toanimals, shall be eligible to petition for confirmation of anappointment of any individual as a humane officer, the duty of whichshall be the enforcement of the laws for the prevention of cruelty toanimals. (ii) On and after July 1, 1996, only a person who meets therequirements of this section may be appointed as, or perform theduties of, a humane officer. (iii) Any person appointed as a humane officer prior to July 1,1996, may continue to serve as a humane officer until the expirationof the term of appointment only if the appointing society maintainsrecords pursuant to subparagraph (B) documenting that both theappointing society and the humane officer meet the requirements ofthis section. (B) Each humane society or society for the prevention of crueltyto animals for which an individual is acting as a humane officershall maintain complete and accurate records documenting that theindividual has successfully completed all requirements established inthis section and shall make those records available, upon request,to the superior court, the Attorney General, or any entity dulyauthorized to review that information, including the State HumaneAssociation of California. The records shall include the full nameand address of each humane officer. (2) The humane society or society for the prevention of cruelty toanimals shall possess insurance of at least one million dollars($1,000,000) for liability for bodily injury or property damage. (3) Each appointment of a humane officer shall be by separateresolution by the board of directors or trustees of the humanesociety or society for the prevention of cruelty to animals dulyentered in its minutes. The resolution shall state the full name andaddress of the principal office of the appointing society, the fullname of the person so appointed, the fact that he or she is a citizenof the State of California, that he or she has met the trainingrequirements set forth in subdivision (h), and whether he or she isauthorized to carry a weapon pursuant to this section. The resolutionshall also designate the number of the badge to be allotted to theofficer, and the date on which the term of office shall expire. (b) A humane society or a society for the prevention of cruelty toanimals seeking confirmation of a humane officer's appointment shallcomply with each of the following provisions: (1) Prior to filing a Petition for Order Confirming Appointment ofa Humane Officer under paragraph (3), the humane society or societyfor the prevention of cruelty to animals shall submit to theDepartment of Justice fingerprint images and related information ofall humane officer applicants for the purposes of obtaininginformation as to the existence and content of a record of stateconvictions and state arrests and also information as to theexistence and content of a record of state arrests for which theDepartment of Justice establishes that the person is free on bail oron his or her own recognizance pending trial or appeal. (A) The Department of Justice shall provide a state response tothe humane society or society for the prevention of cruelty toanimals pursuant to paragraph (1) of subdivision (p) of Section 11105of the Penal Code. (B) The humane society or society for the prevention of cruelty toanimals shall request from the Department of Justice subsequentarrest notification service, as provided pursuant to Section 11105.2of the Penal Code, for persons whose appointments are confirmed asdescribed in subdivision (c). (C) The Department of Justice shall charge a fee sufficient tocover the cost of processing the request described in this paragraph. (2) Prior to filing a Petition for Order Confirming Appointment ofa Humane Officer under paragraph (3), the humane society or societyfor the prevention of cruelty to animals shall serve a copy of thepetition on each of the following: (A) The police department having jurisdiction in the city in whichthe principal office of the appointing society is located. (B) The sheriff's department having jurisdiction in the county inwhich the principal office of the appointing society is located. (C) The Department of the California Highway Patrol. (D) The State Humane Association of California. (E) The Department of Justice. (3) The humane society or society for the prevention of cruelty toanimals shall file with the superior court in and for the county orcity and county in which the principal office of the humane societyis located a Petition for Order Confirming Appointment of a HumaneOfficer, and shall attach to the petition all of the following: (A) A copy of the resolution appointing the person, duly certifiedto be correct by the president and secretary of the society andattested by its seal. (B) A copy of the criminal record offender information, if any,obtained regarding the person pursuant to paragraph (1). (C) Proof of the society's proper incorporation in compliance withPart 9 (commencing with Section 10400) of Division 2, including thedate the articles of incorporation were filed with the Secretary ofState. (D) A copy of the society's liability insurance policy for bodilyinjury or property damage in the amount of at least one milliondollars ($1,000,000). (E) Documentation establishing that the appointee hassatisfactorily completed the training requirements set forth in thissection. (F) Documentation establishing that the society has a writtenagreement with another entity, such as a public or private animalshelter or licensed veterinary clinic, that (i) provides for thehumane care and treatment of any animals seized by the society, (ii)is capable of preserving evidence that may be used to prosecute ananimal cruelty case, and (iii) is compliant with all applicablefederal, state, and local laws, including licensing laws.Alternatively, the society may provide documentation that it isoperating its own animal shelter that meets the requirements ofclauses (i), (ii), and (iii). (G) If the society has not previously appointed a humane officer: (i) An affidavit signed under penalty of perjury from thepresident of the society that demonstrates the society's competenceto appoint a humane officer by providing information, including, butnot limited to, the following: (I) Partnerships or collaborations, if any, with other nonprofitor community agencies. (II) Cash reserve on hand, if any, to pay for veterinary expenses,housing, food, and care of seized animals. (III) Established donor base, if any. (IV) Current or prior law enforcement, legal, or other relevantexperience, if any, of persons who will supervise the appointee. (V) Current or prior experience of managers, if any, in operatinga society or other nonprofit organization. (VI) Statement that each board member is in good standing in thecommunity and has not been convicted of a misdemeanor or felonyinvolving animals. (VII) Ongoing training beyond the minimum required for appointmentof the humane officer, if any. (VIII) The need for a humane officer in the society's county. (IX) Any other documentation demonstrating compliance withapplicable federal, state, or local laws. (ii) Affidavits, if any, from personnel of local animal controlagencies, law enforcement agencies, or other societies pertaining tothe appointee's fitness to act as a humane officer. (H) As the last page, proof of service of a copy of the petitionupon those parties required to be served. (4) Any party described in paragraph (2) may file an opposition tothe petition described in paragraph (3). All papers filed inopposition to the petition and in reply to the opposition shallconform to law and motion pleading requirements, pursuant to Rule3.1113(d) of the California Rules of Court. An opposition shall notexceed 15 pages and a reply shall not exceed 10 pages, excludingexhibits and declarations. The opposition shall be limited to thecompetency of the society to appoint and supervise a humane officerand the qualifications, background, and fitness of the appointee thatare specific to the work of a humane officer. (A) Any opposition shall be filed no later than 15 court daysafter the petition is filed with the court. Any opposition shall beserved on all parties indicated on the proof of service attached tothe petition. (B) The petitioner's reply, if any, to the opposition shall befiled within 10 court days after service of the opposition. The replyshall be served on all parties listed in the proof of serviceattached to the petition and to any other person who has filed anopposition. (C) The court shall rule on the petition without a hearing unlessthe court notifies the parties of an intention to hold a hearing. (D) The petitioner shall serve a certified copy of the court'sorder ruling on the petition on all parties listed in the proof ofservice attached to the petition and to any other person or entitywho has filed an opposition. (c) (1) Upon receipt of the Petition for Order ConfirmingAppointment of a Humane Officer, the court shall first determine thesociety's date of incorporation, and the length of time between thedate the society filed its articles of incorporation with theSecretary of State and the date it filed the petition described inparagraph (3) of subdivision (b) with the court. If the society wasincorporated on or after January 1, 2011, then the following shallapply: (A) For a petition to confirm appointment of a level 1 humaneofficer, the court shall issue an order denying confirmation of theappointment if a minimum of five years has not elapsed from the datethe society filed its articles of incorporation with the Secretary ofState to the date it filed the petition. (B) For a petition to confirm appointment of a level 2 humaneofficer, the court shall issue an order denying confirmation of theappointment if a minimum of one year has not elapsed from the datethe society filed its articles of incorporation with the Secretary ofState to the date it filed the petition. (C) For a petition to confirm appointment of either a level 1 orlevel 2 humane officer, the court shall issue an order denyingconfirmation of the appointment if the society has not established,through submission of appropriate documentation, that the society iseither operating its own animal shelter or has a written agreementwith another entity, in compliance with subparagraph (F) of paragraph(3) of subdivision (b). (2) If the court has not issued an order denying the petitionpursuant to paragraph (1), then the court shall review the matter ofthe appointee's qualifications and fitness to act as a humaneofficer. The court shall also consider any documentation it hasreceived in support of, or in opposition to, the confirmation of theperson's appointment. If the court finds that the appointee isqualified and fit to act as a humane officer, the court shall issuean order confirming the appointment. The society shall thereupon filea certified copy of the court order in the office of the countyclerk of the county or city and county in which the court is located.The appointee shall, at the same time, take and subscribe the oathof office prescribed for constables or other peace officers. Thesociety shall also provide a copy of the Order Confirming Appointmentto the State Humane Association of California and the Department ofJustice. The Department of Justice may charge a reasonable feesufficient to cover the costs of maintaining records of OrdersConfirming Appointment. If the court does not find the appointeequalified and fit to act as a humane officer, the court shall issuean order denying confirmation of the appointment. (d) If the court grants the petition, the county clerk shallimmediately enter in a book to be kept in his or her office anddesignated "Record of Humane Officers" the name of the officer, thename of the society appointing him or her, the number of his or herbadge, the date of the filing, and the case number of the court orderconfirming the appointment. At the time of the filing, the countyclerk shall collect from the society a fee of five dollars ($5),which shall be full payment for all services to be performed by thecounty clerk under this section. (e) All appointments of humane officers shall automatically expireif the society disbands or legally dissolves. (f) (1) The society appointing an officer may revoke anappointment at any time by filing in the office of the county clerkin which the appointment of the officer is recorded a copy of therevocation in writing under the letterhead of the society and dulycertified by its executive officer. Upon the filing the county clerkshall enter the fact of the revocation and the date of the filingthereof opposite the name of the officer in the record of humaneofficers. (2) Notwithstanding paragraph (1), any duly authorized sheriff orlocal police agency or the State Humane Association of California mayinitiate a revocation hearing by filing a petition to RevokeAppointment of a Humane Officer. The petition shall show cause why anappointment should be revoked and shall be made to the superiorcourt in the jurisdiction of the appointment. Filing, service, andformat of the petition and any oppositions and reply papers shallconform to the law and motion requirements under the Code of CivilProcedure, California Rules of Court, and this code. A proceedingpursuant to this paragraph shall be a special proceeding within themeaning of Section 23 of the Code of Civil Procedure. (A) Notice of the hearing date and a copy of the petition shall beserved in the same manner as a summons upon the humane officersubject to the petition, the society that appointed the officer, theagencies and association described in paragraph (2) of subdivision(b); except the party filing the petition shall not be required toserve copies of those documents upon itself. (B) Upon a finding of good cause, the court shall issue an ordergranting the petition to revoke the appointment. The county clerkshall immediately enter the revocation and the date of the courtorder opposite the name of the officer in the record of humaneofficers. The clerk of the superior court shall give notice of theorder to the parties described in subparagraph (A) and to the countyclerk-recorder. (g) The society appointing the humane officer shall pay thetraining expenses of the humane officer attending the trainingrequired pursuant to this section. (h) (1) (A) A level 1 humane officer is not a peace officer, butmay exercise the powers of a peace officer at all places within thestate in order to prevent the perpetration of any act of cruelty uponany animal and to that end may summon to his or her aid anybystander. A level 1 humane officer may use reasonable forcenecessary to prevent the perpetration of any act of cruelty upon anyanimal. (B) A level 1 humane officer may make arrests for the violation ofany penal law of this state relating to or affecting animals in thesame manner as any peace officer and may serve search warrants. (C) A level 1 humane officer is authorized to carry firearms whileexercising the duties of a humane officer, upon satisfactorycompletion of the training specified in subparagraph (D), if therequirements in subparagraph (F) are met. (D)  A level 1 humane officer shall, prior to appointment, provideevidence satisfactory to the appointing society that he or she hassuccessfully completed the following requirements: (i) At least 20 hours of a course of training in animal caresponsored or provided by an accredited postsecondary institution orany other provider approved by the California Veterinary MedicalAssociation the focus of which shall be the identification ofdisease, injury, and neglect in domestic animals and livestock. (ii) At least 40 hours of a course of training in the state humanelaws relating to the powers and duties of a humane officer,sponsored or provided by an accredited postsecondary institution, lawenforcement agency, or the State Humane Association of California. (iii) The basic training for a level 1 reserve officer by theCommission on Peace Officer Standards and Training pursuant toSection 13510.1 of the Penal Code. (E) A person shall not be appointed as a level 1 humane officeruntil he or she meets the criteria in Sections 1029, 1030, and 1031of the Government Code. A humane society or society for theprevention of cruelty to animals shall complete a backgroundinvestigation, using standards defined by the Commission on PeaceOfficer Standards and Training as guidelines for all level 1 humaneofficer appointments. (F) (i) Notwithstanding any other provision of this section, alevel 1 humane officer may carry a firearm only if authorized by, andonly under the terms and conditions specified by, his or herappointing society. (ii) Notwithstanding any other provision of this section, a level1 humane officer shall not be authorized to carry a firearm unlessand until his or her appointing society has adopted a policy on theuse of deadly force by its officers and the officer has beeninstructed in that policy. (2) (A) A level 2 humane officer is not a peace officer, but mayexercise the powers of a peace officer at all places within the statein order to prevent the perpetration of any act of cruelty upon anyanimal and to that end may summon to his or her aid any bystander. Alevel 2 humane officer may use reasonable force necessary to preventthe perpetration of any act of cruelty upon any animal. (B) A level 2 humane officer may make arrests for the violation ofany penal law of this state relating to or affecting animals in thesame manner as any peace officer and may serve search warrants duringthe course and within the scope of appointment, upon the successfulcompletion of a course relating to the exercise of the police powersspecified in Section 832 of the Penal Code, except the power to carryand use firearms. (C) A level 2 humane officer is not authorized to carry firearms. (D) A level 2 humane officer shall, prior to appointment, provideevidence satisfactory to the appointing society that he or she hassuccessfully completed courses of training in the following subjects: (i) At least 20 hours of a course of training in animal caresponsored or provided by an accredited postsecondary institution orany other provider approved by the California Veterinary MedicalAssociation, the focus of which is the identification of disease,injury, and neglect in domestic animals and livestock. (ii) At least 40 hours of a course of training in the state humanelaws relating to the powers and duties of a humane officer,sponsored or provided by an accredited postsecondary institution, lawenforcement agency, or the State Humane Association of California. (E) A person shall not be appointed as a level 2 humane officeruntil he or she has satisfied the requirements in Sections 1029,1030, and 1031 of the Government Code. A humane society or societyfor the prevention of cruelty to animals shall complete a backgroundinvestigation, using standards defined by the Commission on PeaceOfficer Standards and Training as guidelines, for all level 2 humaneofficer appointments. (3) During each three-year period following the date on which thecertified copy of the court order confirming the appointment of ahumane officer was filed with the county clerk, the humane officershall complete 40 hours of continuing education and training relatingto the powers and duties of a humane officer, which education andtraining shall be sponsored or provided by an accreditedpostsecondary institution, law enforcement agency, or the StateHumane Association of California. A certificate of compliance shallbe served no later than 21 days after the expiration of eachthree-year period on the Department of Justice with copies served onthe superior court, agencies, and associations described in paragraph(2) of subdivision (b). The Department of Justice may charge areasonable fee sufficient to cover the costs of maintaining recordsof certificates of compliance. The certificate of compliance shallalso include documentation that the humane society or society for theprevention of cruelty to animals is in compliance with subparagraph(F) of paragraph (2) of subdivision (b). Service on the Department ofJustice shall be in compliance with procedures set forth by theDepartment of Justice. The Department of Justice shall post thefiling procedures, as they may be updated from time to time, on itsInternet Web site. Failure to file the certificate of compliance withthe Department of Justice no later than 21 days after the expirationof a six-month period shall result in immediate revocation of theappointment. (4) If the humane officer is authorized to carry a firearm, he orshe shall complete ongoing weapons training and range qualificationsat least every six months pursuant to subdivision (t) of Section830.3 of the Penal Code. A certificate of compliance pursuant to thissection shall be served no later than 21 days after the expirationof a six-month period on the Department of Justice with copies servedon the superior court, and on the agencies and associationsdescribed in paragraph (2) of subdivision (b). The Department ofJustice may charge a reasonable fee sufficient to cover the costs ofmaintaining records of certificates of compliance. The certificate ofcompliance shall also include documentation that the humane societyor society for the prevention of cruelty to animals is in compliancewith subparagraph (F) of paragraph (2) of subdivision (b). Service onthe Department of Justice shall be in compliance with procedures setforth by the Department of Justice. The Department of Justice shallpost the filing procedures, as they may be updated from time to time,on its Internet Web site. Failure to file the certificate ofcompliance with the Department of Justice no later than 21 days afterthe expiration of a six-month period shall result in immediaterevocation of the appointment. (i) Every humane officer shall, when making an arrest, exhibit andexpose a suitable badge to be adopted by the society under this partof which he or she is an appointee which shall bear its name and anumber. Uniforms worn by humane officers shall prominently displaythe name of the appointing society. Humane officer uniforms shall notdisplay the words "state" or "California," except to the extent thatone or both of those words are part of the appointing society'sincorporated name. (j) Any person resisting a humane officer in the performance ofhis or her duty as provided in this section is guilty of amisdemeanor. Any person who has not been appointed and qualified as ahumane officer as provided in this section, or whose appointment hasbeen revoked as provided in this section, or whose appointment,having expired, has not been renewed as provided in this section, whoshall represent himself or herself to be or shall attempt to act asan officer shall be guilty of a misdemeanor. (k) No humane officer shall serve a search warrant withoutproviding prior notice to local law enforcement agencies operatingwithin that jurisdiction. (l) Any humane society, society for the prevention of cruelty toanimals, or person, who knowingly provides a court with false orforged documentation for the appointment of a humane officer, isguilty of a misdemeanor and shall be punished by a fine of up to tenthousand dollars ($10,000). (m) Except as otherwise provided by this section, a humane officershall serve only in the county in which the court that appointed himor her sits. A humane officer may serve in another county if thehumane officer gives notice requesting consent to the sheriff of thecounty in which he or she intends to serve, and acquires consent fromthat sheriff of the county in which he or she intends to serve, orfrom a person authorized by the sheriff to give that consent. Asheriff shall promptly respond to any request by a humane officer toserve in his or her jurisdiction and any request shall not beunreasonably denied.14503.  The governing body of a local agency, by ordinance, mayauthorize employees of public pounds, societies for the prevention ofcruelty to animals, and humane societies, who have qualified ashumane officers pursuant to Section 14502, and which societies orpounds have contracted with such local agency to provide animal careor protection services, to issue notices to appear in court pursuantto Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 ofthe Penal Code for violations of state or local animal control laws.Those employees shall not be authorized to take any person intocustody even though the person to whom the notice is delivered doesnot give his or her written promise to appear in court. The authorityof these employees is to be limited to the jurisdiction of the localagency authorizing the employees.14504.  All humane societies and societies for the prevention ofcruelty to animals, and all humane officers shall be in fullcompliance with Section 14502 on or before January 1, 2012.Notwithstanding any other provision of this part, a level 1 or level2 humane officer confirmed prior to January 1, 2012, shall not berequired to seek a new court order confirming his or her appointment.However, a level 2 humane officer shall provide proof of compliancewith subparagraph (E) of paragraph (2) of subdivision (h) of Section14502 by filing a certificate of compliance with the Department ofJustice on or before January 1, 2012, or that humane officer'sappointment shall be immediately revoked.14505.  Any law enforcement agency that is requested to providesummary criminal history information pursuant to Section 13300 of thePenal Code may charge the humane society or society for theprevention of cruelty to animals a fee not to exceed the reasonablecosts of preparing reports and costs to maintain certificates ofcompliance as required by Section 14502.