121875. This chapter may be cited as "The Dog Act of 1969."
121880. For the purposes of this chapter, "sentry dog" means a dog
trained to work without supervision in a fenced facility and to deter
or detain unauthorized persons found within the facility.
121881. For purposes of this chapter, "guard dog" or "attack dog"
means any dog trained to guard, protect, patrol, or defend any
premises, area, or yard, or any dog trained as a sentry or to
protect, defend, or guard any person or property, or any dog such as
a schutzhund or any similar classification.
121885. For the purposes of this chapter, "narcotic detection dog"
means a dog trained to locate narcotics by scent.
121890. For purposes of this chapter, "tracker dog" means a dog
trained to work with a handler in searching facilities for burglary
suspects and other intruders.
121895. For the purposes of this chapter, "sentry dog company"
means any person who agrees to furnish trained sentry, attack, or
narcotic detection dogs for hire.
121896. For purposes of this chapter, "trainer" means any person
who engages in the practice of training any attack, guard, or sentry
dog.
121900. For the purposes of this chapter "dog handler" means any
person trained in the handling of dogs whose training includes the
care, feeding, and maintenance of dogs, and the procedures necessary
to control the behavior of a dog subject to this chapter.
121905. For the purposes of this chapter "hire" shall include, but
not be limited to, the renting or leasing of the services of a dog
with or without a dog handler, or the sale of a dog with an option to
repurchase.
121906. "Person" means any individual, partnership, firm, joint
stock company, corporation, association, trust, estate, or other
legal entity.
121907. "Owner" means any person who has purchased, or obtained
legal custody of, an attack, guard, or sentry dog.
121910. Each sentry dog company shall register each dog subject to
this chapter that it handles with the local law enforcement agency
and with the state, city, county, or district fire department that
has the responsibility for the prevention and suppression of fires in
the area where the sentry dog company is located.
121915. Each sentry dog company that handles a dog subject to this
chapter shall notify the appropriate local law enforcement agency and
the appropriate fire department by mail not more than 15 days before
a dog is sent on an assignment of the location and duration of the
assignment. The local law enforcement agency and fire department
shall maintain a file of the assignments.
121916. (a) Any person or owner of an attack, guard, or sentry dog
that operates or maintains a business to sell, rent, or train an
attack, guard, or sentry dog shall obtain a permit from the local
public agency or private society or pound contracting with the local
public agency for animal care or protection services.
(b) Each local agency shall adopt and implement a permit program
for the administration of subdivision (a) by the local agency or
private society or pound contracting with the local public agency for
animal care or protection services. A local agency may charge a fee
for the issuance or renewal of a permit required under this section.
The fee shall not exceed the actual costs for the implementation of
the permit program.
(c) For purposes of this section, "local public agency" means a
city, county, or city and county.
121917. (a) An applicant, when applying for a permit pursuant to
Section 121916, shall furnish the local public agency with a list of
the types of animals to be kept or used for any purpose, with the
estimated maximum number of animals to be kept.
(b) An applicant shall furnish the local public agency with the
name and the telephone number of a responsible person who has access
to the animals and who can be reached during an emergency.
(c) An applicant shall notify the local public agency when any
animal for which a permit is required is kept or maintained.
(d) The local public agency may establish the maximum number of
animals to be kept or maintained on the premises.
(e) Any permittee shall report in writing any change in address,
ownership, or management to the local public agency at least 15 days
prior to any change.
(f) Any permittee shall maintain a register of the name and
address of any person from whom any animal is received and to whom
any animal is sold, traded, or given. This list shall be available to
the local public agency representative upon demand.
121918. For the protection and welfare of any dog under this
chapter, the local public agency may adopt an ordinance to require or
prohibit any of the following:
(a) Any permittee shall supply each animal with sufficient, good,
and wholesome food and water as often as the feeding habits of the
animal requires.
(b) Any permittee shall keep each animal and animal quarters in a
clean and sanitary condition.
(c) Any permittee shall provide each animal with proper shelter
and protection from the weather at all times. An animal shall not be
overcrowded or exposed to temperatures detrimental to the welfare of
the animal.
(d) Any permittee shall not allow any animal to be without care or
control in excess of 12 consecutive hours.
(e) Any permittee shall take every reasonable precaution to ensure
that no animal is teased, abused, mistreated, annoyed, tormented, or
in any manner made to suffer by any person or by any means.
(f) Any permittee shall not maintain or allow any animal to exist
in any manner that is, or could be, injurious to that animal.
(g) Any permittee shall not give an animal any alcoholic beverage,
unless prescribed by a veterinarian.
(h) Animals that are natural enemies, temperamentally unsuited, or
otherwise incompatible, shall not be quartered together or so near
each other as to cause injury, fear, or torment.
(i) Any tack equipment, device, substance, or material that is, or
could be, injurious or cause unnecessary cruelty to any animal shall
be prohibited.
(j) The permittee shall keep or maintain animals confined at all
times on the premises for which the permit has been issued, unless
special permission to remove the animals has been obtained from the
department. The permittee shall have full responsibility for
recapturing any animal that escapes.
(k) The permittee shall give proper rest periods to any working
animal. Any confined or restrained animal shall be given exercise
proper for the individual animal under the particular conditions.
( l) The permittee shall not work, use, or rent any animal that is
overheated, weakened, exhausted, sick, injured, diseased, lame, or
otherwise unfit.
(m) No animal that the local public agency has suspended from use
shall be worked or used until released by the local public agency.
(n) The permittee shall display no animal bearing evidence of
malnutrition, ill health, unhealed injury, or having been kept in an
unsanitary condition.
(o) The permittee shall keep or maintain each animal in a manner
as may be prescribed to protect the public from the animal, and the
animal from the public.
(p) The local public agency may order any animal to be taken to a
veterinarian for examination or treatment.
(q) The permittee shall display no animal whose appearance is, or
may be, offensive or contrary to public decency.
(r) The permittee shall allow no animal to constitute or cause a
hazard or be a menace to the health, peace, or safety of the
community.
(s) The permittee shall isolate at all times any sick or diseased
animal from any healthy animal, and adequately segregate them so that
the illness or disease will not be transmitted from one animal to
another. In the case of pet shops, no sick, diseased, or injured
animal defined by this chapter may be maintained on the premises for
any purpose. Any sick or injured animal shall be isolated and given
proper medical treatment.
(t) The permittee shall immediately notify the owner of any animal
held on consignment or boarded if the animal refuses to eat or drink
beyond a reasonable period, is injured, becomes sick, or dies. In
case of death, permittee shall retain the body for 12 hours after
notification has been sent to the owner.
121919. The local public agency may suspend or revoke a permit
issued under this chapter if the local public agency determines that
the permittee has done any of the following:
(a) Made any false statement or given any false information in
connection with an application for a license or a renewal or
reinstatement thereof.
(b) Violated any provisions of this chapter.
(c) Violated any rule of an ordinance adopted pursuant to the
authority contained in this chapter.
(d) Committed any other act that would be grounds for denial of a
license.
121920. (a) The owner or trainer of any attack, guard, or sentry
dog shall ensure that the dog has been microchipped and the owner's
identification has been entered into a local or national registry.
Each dog subject to this chapter shall, at all times, wear an
identification tag. The identification tag shall be provided by the
attack, guard, or sentry dog company furnishing the dog for hire. The
identification tag shall contain, but not be limited to, the
following information:
The name of the dog.
The name, address, and telephone number of the attack, guard, or
sentry dog company furnishing the dog for hire. Any telephone number
so provided shall be to a telephone that is manned by a person 24
hours per day every day of the year so that calls from the public may
be received and answered.
(b) The identification tag required by this section shall be in
addition to any tag required or issued by any agency of government to
show that a dog has been immunized or inoculated against disease.
121921. No person shall sell, give away, or let for hire any guard,
attack, or sentry dog unless the following requirements have been
met:
(a) The dog has been immunized against distemper and rabies.
(b) A certificate of rabies vaccination has been issued by a
licensed veterinarian and is current and valid.
121925. Whenever a dog subject to this chapter is being transported
anywhere, it shall be well secured in a humane manner as will
reasonably prevent its possible escape.
121930. Each dog subject to this chapter shall, wherever and
whenever the dog is kept when on actual duty, be visited by a dog
handler at least once every 12 hours to insure that the dog's
physical condition, its surroundings, and its food and water supply
are adequate, and if inadequate, the dog handler shall do whatever
may be necessary to correct or remedy the situation. Such dog handler
shall be either the owner of, or be employed by or under contract
to, the sentry dog company that placed the dog on assignment.
121935. (a) No person shall take a sentry dog or a tracker or
attack dog into, or keep a sentry dog or a tracker or attack dog in,
any portion of any business establishment that is open to the general
public, unless any such dog is accompanied or kept by a dog handler.
(b) No person shall keep any sentry dog or tracker or attack dog
in any business establishment or any other place open to the general
public at any time unless there is posted at every entrance of the
business establishment or place a sign of sufficient size and design
to warn persons that such a dog is used at the business establishment
or place.
(c) This section does not apply to dogs used and accompanied by
peace officers or uniformed employees of private patrol operators and
operators of a private patrol service who are licensed pursuant to
Chapter 11.5 (commencing with Section 7580) of Division 3 of the
Business and Professions Code, while employees are acting within the
course and scope of their employment as private patrolmen.
(d) This section does not apply to any dog handler or his or her
dog while training the dog or another dog handler.
121940. (a) Except as otherwise specified in this chapter, any
person violating any provision of this chapter, other than Section
121945, shall be subject to a civil penalty of up to one thousand
dollars ($1,000) per violation. The action pursuant to this chapter
may be prosecuted in the name of the people of the State of
California by the district attorney for the county in which the
violation occurred and in the appropriate court, or by the city
attorney in the city in which the violation occurred and in the
appropriate court.
(b) Nothing in this chapter limits or authorizes any act or
omission that violates Section 5971 of the Penal Code.
121945. In lieu of the civil penalties imposed pursuant to Section
121940, any person or owner who violates this chapter shall be
subject to a civil penalty of up to one thousand dollars ($1,000), or
shall be prohibited from selling, renting, leasing, or training any
attack, guard, or sentry dog for up to 30 days, or both. For a second
offense, the person or owner shall be subject to a civil penalty of
up to two thousand five hundred dollars ($2,500), or a prohibition
from selling, renting, leasing, or training any attack, guard, or
sentry dog for up to 90 days, or both. For a third offense, the
person or owner shall be subject to a civil penalty of up to five
thousand dollars ($5,000) or a prohibition from selling, renting,
leasing, or training any attack, guard, or sentry dog for up to six
months, or both. For a fourth or any subsequent offense, the person
or owner shall be subject to a civil penalty of up to ten thousand
dollars ($10,000) or a prohibition from selling, renting, leasing, or
training any attack, guard, or sentry dog 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 a person or owner from engaging in the business
of selling, renting, leasing, or training any attack, guard, or
sentry dog 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.
121875. This chapter may be cited as "The Dog Act of 1969."
121880. For the purposes of this chapter, "sentry dog" means a dog
trained to work without supervision in a fenced facility and to deter
or detain unauthorized persons found within the facility.
121881. For purposes of this chapter, "guard dog" or "attack dog"
means any dog trained to guard, protect, patrol, or defend any
premises, area, or yard, or any dog trained as a sentry or to
protect, defend, or guard any person or property, or any dog such as
a schutzhund or any similar classification.
121885. For the purposes of this chapter, "narcotic detection dog"
means a dog trained to locate narcotics by scent.
121890. For purposes of this chapter, "tracker dog" means a dog
trained to work with a handler in searching facilities for burglary
suspects and other intruders.
121895. For the purposes of this chapter, "sentry dog company"
means any person who agrees to furnish trained sentry, attack, or
narcotic detection dogs for hire.
121896. For purposes of this chapter, "trainer" means any person
who engages in the practice of training any attack, guard, or sentry
dog.
121900. For the purposes of this chapter "dog handler" means any
person trained in the handling of dogs whose training includes the
care, feeding, and maintenance of dogs, and the procedures necessary
to control the behavior of a dog subject to this chapter.
121905. For the purposes of this chapter "hire" shall include, but
not be limited to, the renting or leasing of the services of a dog
with or without a dog handler, or the sale of a dog with an option to
repurchase.
121906. "Person" means any individual, partnership, firm, joint
stock company, corporation, association, trust, estate, or other
legal entity.
121907. "Owner" means any person who has purchased, or obtained
legal custody of, an attack, guard, or sentry dog.
121910. Each sentry dog company shall register each dog subject to
this chapter that it handles with the local law enforcement agency
and with the state, city, county, or district fire department that
has the responsibility for the prevention and suppression of fires in
the area where the sentry dog company is located.
121915. Each sentry dog company that handles a dog subject to this
chapter shall notify the appropriate local law enforcement agency and
the appropriate fire department by mail not more than 15 days before
a dog is sent on an assignment of the location and duration of the
assignment. The local law enforcement agency and fire department
shall maintain a file of the assignments.
121916. (a) Any person or owner of an attack, guard, or sentry dog
that operates or maintains a business to sell, rent, or train an
attack, guard, or sentry dog shall obtain a permit from the local
public agency or private society or pound contracting with the local
public agency for animal care or protection services.
(b) Each local agency shall adopt and implement a permit program
for the administration of subdivision (a) by the local agency or
private society or pound contracting with the local public agency for
animal care or protection services. A local agency may charge a fee
for the issuance or renewal of a permit required under this section.
The fee shall not exceed the actual costs for the implementation of
the permit program.
(c) For purposes of this section, "local public agency" means a
city, county, or city and county.
121917. (a) An applicant, when applying for a permit pursuant to
Section 121916, shall furnish the local public agency with a list of
the types of animals to be kept or used for any purpose, with the
estimated maximum number of animals to be kept.
(b) An applicant shall furnish the local public agency with the
name and the telephone number of a responsible person who has access
to the animals and who can be reached during an emergency.
(c) An applicant shall notify the local public agency when any
animal for which a permit is required is kept or maintained.
(d) The local public agency may establish the maximum number of
animals to be kept or maintained on the premises.
(e) Any permittee shall report in writing any change in address,
ownership, or management to the local public agency at least 15 days
prior to any change.
(f) Any permittee shall maintain a register of the name and
address of any person from whom any animal is received and to whom
any animal is sold, traded, or given. This list shall be available to
the local public agency representative upon demand.
121918. For the protection and welfare of any dog under this
chapter, the local public agency may adopt an ordinance to require or
prohibit any of the following:
(a) Any permittee shall supply each animal with sufficient, good,
and wholesome food and water as often as the feeding habits of the
animal requires.
(b) Any permittee shall keep each animal and animal quarters in a
clean and sanitary condition.
(c) Any permittee shall provide each animal with proper shelter
and protection from the weather at all times. An animal shall not be
overcrowded or exposed to temperatures detrimental to the welfare of
the animal.
(d) Any permittee shall not allow any animal to be without care or
control in excess of 12 consecutive hours.
(e) Any permittee shall take every reasonable precaution to ensure
that no animal is teased, abused, mistreated, annoyed, tormented, or
in any manner made to suffer by any person or by any means.
(f) Any permittee shall not maintain or allow any animal to exist
in any manner that is, or could be, injurious to that animal.
(g) Any permittee shall not give an animal any alcoholic beverage,
unless prescribed by a veterinarian.
(h) Animals that are natural enemies, temperamentally unsuited, or
otherwise incompatible, shall not be quartered together or so near
each other as to cause injury, fear, or torment.
(i) Any tack equipment, device, substance, or material that is, or
could be, injurious or cause unnecessary cruelty to any animal shall
be prohibited.
(j) The permittee shall keep or maintain animals confined at all
times on the premises for which the permit has been issued, unless
special permission to remove the animals has been obtained from the
department. The permittee shall have full responsibility for
recapturing any animal that escapes.
(k) The permittee shall give proper rest periods to any working
animal. Any confined or restrained animal shall be given exercise
proper for the individual animal under the particular conditions.
( l) The permittee shall not work, use, or rent any animal that is
overheated, weakened, exhausted, sick, injured, diseased, lame, or
otherwise unfit.
(m) No animal that the local public agency has suspended from use
shall be worked or used until released by the local public agency.
(n) The permittee shall display no animal bearing evidence of
malnutrition, ill health, unhealed injury, or having been kept in an
unsanitary condition.
(o) The permittee shall keep or maintain each animal in a manner
as may be prescribed to protect the public from the animal, and the
animal from the public.
(p) The local public agency may order any animal to be taken to a
veterinarian for examination or treatment.
(q) The permittee shall display no animal whose appearance is, or
may be, offensive or contrary to public decency.
(r) The permittee shall allow no animal to constitute or cause a
hazard or be a menace to the health, peace, or safety of the
community.
(s) The permittee shall isolate at all times any sick or diseased
animal from any healthy animal, and adequately segregate them so that
the illness or disease will not be transmitted from one animal to
another. In the case of pet shops, no sick, diseased, or injured
animal defined by this chapter may be maintained on the premises for
any purpose. Any sick or injured animal shall be isolated and given
proper medical treatment.
(t) The permittee shall immediately notify the owner of any animal
held on consignment or boarded if the animal refuses to eat or drink
beyond a reasonable period, is injured, becomes sick, or dies. In
case of death, permittee shall retain the body for 12 hours after
notification has been sent to the owner.
121919. The local public agency may suspend or revoke a permit
issued under this chapter if the local public agency determines that
the permittee has done any of the following:
(a) Made any false statement or given any false information in
connection with an application for a license or a renewal or
reinstatement thereof.
(b) Violated any provisions of this chapter.
(c) Violated any rule of an ordinance adopted pursuant to the
authority contained in this chapter.
(d) Committed any other act that would be grounds for denial of a
license.
121920. (a) The owner or trainer of any attack, guard, or sentry
dog shall ensure that the dog has been microchipped and the owner's
identification has been entered into a local or national registry.
Each dog subject to this chapter shall, at all times, wear an
identification tag. The identification tag shall be provided by the
attack, guard, or sentry dog company furnishing the dog for hire. The
identification tag shall contain, but not be limited to, the
following information:
The name of the dog.
The name, address, and telephone number of the attack, guard, or
sentry dog company furnishing the dog for hire. Any telephone number
so provided shall be to a telephone that is manned by a person 24
hours per day every day of the year so that calls from the public may
be received and answered.
(b) The identification tag required by this section shall be in
addition to any tag required or issued by any agency of government to
show that a dog has been immunized or inoculated against disease.
121921. No person shall sell, give away, or let for hire any guard,
attack, or sentry dog unless the following requirements have been
met:
(a) The dog has been immunized against distemper and rabies.
(b) A certificate of rabies vaccination has been issued by a
licensed veterinarian and is current and valid.
121925. Whenever a dog subject to this chapter is being transported
anywhere, it shall be well secured in a humane manner as will
reasonably prevent its possible escape.
121930. Each dog subject to this chapter shall, wherever and
whenever the dog is kept when on actual duty, be visited by a dog
handler at least once every 12 hours to insure that the dog's
physical condition, its surroundings, and its food and water supply
are adequate, and if inadequate, the dog handler shall do whatever
may be necessary to correct or remedy the situation. Such dog handler
shall be either the owner of, or be employed by or under contract
to, the sentry dog company that placed the dog on assignment.
121935. (a) No person shall take a sentry dog or a tracker or
attack dog into, or keep a sentry dog or a tracker or attack dog in,
any portion of any business establishment that is open to the general
public, unless any such dog is accompanied or kept by a dog handler.
(b) No person shall keep any sentry dog or tracker or attack dog
in any business establishment or any other place open to the general
public at any time unless there is posted at every entrance of the
business establishment or place a sign of sufficient size and design
to warn persons that such a dog is used at the business establishment
or place.
(c) This section does not apply to dogs used and accompanied by
peace officers or uniformed employees of private patrol operators and
operators of a private patrol service who are licensed pursuant to
Chapter 11.5 (commencing with Section 7580) of Division 3 of the
Business and Professions Code, while employees are acting within the
course and scope of their employment as private patrolmen.
(d) This section does not apply to any dog handler or his or her
dog while training the dog or another dog handler.
121940. (a) Except as otherwise specified in this chapter, any
person violating any provision of this chapter, other than Section
121945, shall be subject to a civil penalty of up to one thousand
dollars ($1,000) per violation. The action pursuant to this chapter
may be prosecuted in the name of the people of the State of
California by the district attorney for the county in which the
violation occurred and in the appropriate court, or by the city
attorney in the city in which the violation occurred and in the
appropriate court.
(b) Nothing in this chapter limits or authorizes any act or
omission that violates Section 5971 of the Penal Code.
121945. In lieu of the civil penalties imposed pursuant to Section
121940, any person or owner who violates this chapter shall be
subject to a civil penalty of up to one thousand dollars ($1,000), or
shall be prohibited from selling, renting, leasing, or training any
attack, guard, or sentry dog for up to 30 days, or both. For a second
offense, the person or owner shall be subject to a civil penalty of
up to two thousand five hundred dollars ($2,500), or a prohibition
from selling, renting, leasing, or training any attack, guard, or
sentry dog for up to 90 days, or both. For a third offense, the
person or owner shall be subject to a civil penalty of up to five
thousand dollars ($5,000) or a prohibition from selling, renting,
leasing, or training any attack, guard, or sentry dog for up to six
months, or both. For a fourth or any subsequent offense, the person
or owner shall be subject to a civil penalty of up to ten thousand
dollars ($10,000) or a prohibition from selling, renting, leasing, or
training any attack, guard, or sentry dog 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 a person or owner from engaging in the business
of selling, renting, leasing, or training any attack, guard, or
sentry dog 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.
121875. This chapter may be cited as "The Dog Act of 1969."
121880. For the purposes of this chapter, "sentry dog" means a dog
trained to work without supervision in a fenced facility and to deter
or detain unauthorized persons found within the facility.
121881. For purposes of this chapter, "guard dog" or "attack dog"
means any dog trained to guard, protect, patrol, or defend any
premises, area, or yard, or any dog trained as a sentry or to
protect, defend, or guard any person or property, or any dog such as
a schutzhund or any similar classification.
121885. For the purposes of this chapter, "narcotic detection dog"
means a dog trained to locate narcotics by scent.
121890. For purposes of this chapter, "tracker dog" means a dog
trained to work with a handler in searching facilities for burglary
suspects and other intruders.
121895. For the purposes of this chapter, "sentry dog company"
means any person who agrees to furnish trained sentry, attack, or
narcotic detection dogs for hire.
121896. For purposes of this chapter, "trainer" means any person
who engages in the practice of training any attack, guard, or sentry
dog.
121900. For the purposes of this chapter "dog handler" means any
person trained in the handling of dogs whose training includes the
care, feeding, and maintenance of dogs, and the procedures necessary
to control the behavior of a dog subject to this chapter.
121905. For the purposes of this chapter "hire" shall include, but
not be limited to, the renting or leasing of the services of a dog
with or without a dog handler, or the sale of a dog with an option to
repurchase.
121906. "Person" means any individual, partnership, firm, joint
stock company, corporation, association, trust, estate, or other
legal entity.
121907. "Owner" means any person who has purchased, or obtained
legal custody of, an attack, guard, or sentry dog.
121910. Each sentry dog company shall register each dog subject to
this chapter that it handles with the local law enforcement agency
and with the state, city, county, or district fire department that
has the responsibility for the prevention and suppression of fires in
the area where the sentry dog company is located.
121915. Each sentry dog company that handles a dog subject to this
chapter shall notify the appropriate local law enforcement agency and
the appropriate fire department by mail not more than 15 days before
a dog is sent on an assignment of the location and duration of the
assignment. The local law enforcement agency and fire department
shall maintain a file of the assignments.
121916. (a) Any person or owner of an attack, guard, or sentry dog
that operates or maintains a business to sell, rent, or train an
attack, guard, or sentry dog shall obtain a permit from the local
public agency or private society or pound contracting with the local
public agency for animal care or protection services.
(b) Each local agency shall adopt and implement a permit program
for the administration of subdivision (a) by the local agency or
private society or pound contracting with the local public agency for
animal care or protection services. A local agency may charge a fee
for the issuance or renewal of a permit required under this section.
The fee shall not exceed the actual costs for the implementation of
the permit program.
(c) For purposes of this section, "local public agency" means a
city, county, or city and county.
121917. (a) An applicant, when applying for a permit pursuant to
Section 121916, shall furnish the local public agency with a list of
the types of animals to be kept or used for any purpose, with the
estimated maximum number of animals to be kept.
(b) An applicant shall furnish the local public agency with the
name and the telephone number of a responsible person who has access
to the animals and who can be reached during an emergency.
(c) An applicant shall notify the local public agency when any
animal for which a permit is required is kept or maintained.
(d) The local public agency may establish the maximum number of
animals to be kept or maintained on the premises.
(e) Any permittee shall report in writing any change in address,
ownership, or management to the local public agency at least 15 days
prior to any change.
(f) Any permittee shall maintain a register of the name and
address of any person from whom any animal is received and to whom
any animal is sold, traded, or given. This list shall be available to
the local public agency representative upon demand.
121918. For the protection and welfare of any dog under this
chapter, the local public agency may adopt an ordinance to require or
prohibit any of the following:
(a) Any permittee shall supply each animal with sufficient, good,
and wholesome food and water as often as the feeding habits of the
animal requires.
(b) Any permittee shall keep each animal and animal quarters in a
clean and sanitary condition.
(c) Any permittee shall provide each animal with proper shelter
and protection from the weather at all times. An animal shall not be
overcrowded or exposed to temperatures detrimental to the welfare of
the animal.
(d) Any permittee shall not allow any animal to be without care or
control in excess of 12 consecutive hours.
(e) Any permittee shall take every reasonable precaution to ensure
that no animal is teased, abused, mistreated, annoyed, tormented, or
in any manner made to suffer by any person or by any means.
(f) Any permittee shall not maintain or allow any animal to exist
in any manner that is, or could be, injurious to that animal.
(g) Any permittee shall not give an animal any alcoholic beverage,
unless prescribed by a veterinarian.
(h) Animals that are natural enemies, temperamentally unsuited, or
otherwise incompatible, shall not be quartered together or so near
each other as to cause injury, fear, or torment.
(i) Any tack equipment, device, substance, or material that is, or
could be, injurious or cause unnecessary cruelty to any animal shall
be prohibited.
(j) The permittee shall keep or maintain animals confined at all
times on the premises for which the permit has been issued, unless
special permission to remove the animals has been obtained from the
department. The permittee shall have full responsibility for
recapturing any animal that escapes.
(k) The permittee shall give proper rest periods to any working
animal. Any confined or restrained animal shall be given exercise
proper for the individual animal under the particular conditions.
( l) The permittee shall not work, use, or rent any animal that is
overheated, weakened, exhausted, sick, injured, diseased, lame, or
otherwise unfit.
(m) No animal that the local public agency has suspended from use
shall be worked or used until released by the local public agency.
(n) The permittee shall display no animal bearing evidence of
malnutrition, ill health, unhealed injury, or having been kept in an
unsanitary condition.
(o) The permittee shall keep or maintain each animal in a manner
as may be prescribed to protect the public from the animal, and the
animal from the public.
(p) The local public agency may order any animal to be taken to a
veterinarian for examination or treatment.
(q) The permittee shall display no animal whose appearance is, or
may be, offensive or contrary to public decency.
(r) The permittee shall allow no animal to constitute or cause a
hazard or be a menace to the health, peace, or safety of the
community.
(s) The permittee shall isolate at all times any sick or diseased
animal from any healthy animal, and adequately segregate them so that
the illness or disease will not be transmitted from one animal to
another. In the case of pet shops, no sick, diseased, or injured
animal defined by this chapter may be maintained on the premises for
any purpose. Any sick or injured animal shall be isolated and given
proper medical treatment.
(t) The permittee shall immediately notify the owner of any animal
held on consignment or boarded if the animal refuses to eat or drink
beyond a reasonable period, is injured, becomes sick, or dies. In
case of death, permittee shall retain the body for 12 hours after
notification has been sent to the owner.
121919. The local public agency may suspend or revoke a permit
issued under this chapter if the local public agency determines that
the permittee has done any of the following:
(a) Made any false statement or given any false information in
connection with an application for a license or a renewal or
reinstatement thereof.
(b) Violated any provisions of this chapter.
(c) Violated any rule of an ordinance adopted pursuant to the
authority contained in this chapter.
(d) Committed any other act that would be grounds for denial of a
license.
121920. (a) The owner or trainer of any attack, guard, or sentry
dog shall ensure that the dog has been microchipped and the owner's
identification has been entered into a local or national registry.
Each dog subject to this chapter shall, at all times, wear an
identification tag. The identification tag shall be provided by the
attack, guard, or sentry dog company furnishing the dog for hire. The
identification tag shall contain, but not be limited to, the
following information:
The name of the dog.
The name, address, and telephone number of the attack, guard, or
sentry dog company furnishing the dog for hire. Any telephone number
so provided shall be to a telephone that is manned by a person 24
hours per day every day of the year so that calls from the public may
be received and answered.
(b) The identification tag required by this section shall be in
addition to any tag required or issued by any agency of government to
show that a dog has been immunized or inoculated against disease.
121921. No person shall sell, give away, or let for hire any guard,
attack, or sentry dog unless the following requirements have been
met:
(a) The dog has been immunized against distemper and rabies.
(b) A certificate of rabies vaccination has been issued by a
licensed veterinarian and is current and valid.
121925. Whenever a dog subject to this chapter is being transported
anywhere, it shall be well secured in a humane manner as will
reasonably prevent its possible escape.
121930. Each dog subject to this chapter shall, wherever and
whenever the dog is kept when on actual duty, be visited by a dog
handler at least once every 12 hours to insure that the dog's
physical condition, its surroundings, and its food and water supply
are adequate, and if inadequate, the dog handler shall do whatever
may be necessary to correct or remedy the situation. Such dog handler
shall be either the owner of, or be employed by or under contract
to, the sentry dog company that placed the dog on assignment.
121935. (a) No person shall take a sentry dog or a tracker or
attack dog into, or keep a sentry dog or a tracker or attack dog in,
any portion of any business establishment that is open to the general
public, unless any such dog is accompanied or kept by a dog handler.
(b) No person shall keep any sentry dog or tracker or attack dog
in any business establishment or any other place open to the general
public at any time unless there is posted at every entrance of the
business establishment or place a sign of sufficient size and design
to warn persons that such a dog is used at the business establishment
or place.
(c) This section does not apply to dogs used and accompanied by
peace officers or uniformed employees of private patrol operators and
operators of a private patrol service who are licensed pursuant to
Chapter 11.5 (commencing with Section 7580) of Division 3 of the
Business and Professions Code, while employees are acting within the
course and scope of their employment as private patrolmen.
(d) This section does not apply to any dog handler or his or her
dog while training the dog or another dog handler.
121940. (a) Except as otherwise specified in this chapter, any
person violating any provision of this chapter, other than Section
121945, shall be subject to a civil penalty of up to one thousand
dollars ($1,000) per violation. The action pursuant to this chapter
may be prosecuted in the name of the people of the State of
California by the district attorney for the county in which the
violation occurred and in the appropriate court, or by the city
attorney in the city in which the violation occurred and in the
appropriate court.
(b) Nothing in this chapter limits or authorizes any act or
omission that violates Section 5971 of the Penal Code.
121945. In lieu of the civil penalties imposed pursuant to Section
121940, any person or owner who violates this chapter shall be
subject to a civil penalty of up to one thousand dollars ($1,000), or
shall be prohibited from selling, renting, leasing, or training any
attack, guard, or sentry dog for up to 30 days, or both. For a second
offense, the person or owner shall be subject to a civil penalty of
up to two thousand five hundred dollars ($2,500), or a prohibition
from selling, renting, leasing, or training any attack, guard, or
sentry dog for up to 90 days, or both. For a third offense, the
person or owner shall be subject to a civil penalty of up to five
thousand dollars ($5,000) or a prohibition from selling, renting,
leasing, or training any attack, guard, or sentry dog for up to six
months, or both. For a fourth or any subsequent offense, the person
or owner shall be subject to a civil penalty of up to ten thousand
dollars ($10,000) or a prohibition from selling, renting, leasing, or
training any attack, guard, or sentry dog 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 a person or owner from engaging in the business
of selling, renting, leasing, or training any attack, guard, or
sentry dog 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.
