• You must provide food, water, shelter, and proper veterinary medical care for your animal. (California Penal Code Sections 597(b) and 597f)
  
• You can not chain, tether, or tie out your dog to a stationary object. The law provides some exceptions such as permitting a “running line, trolley or pulley system” so long as the dog is not wearing a prong collar or choke chain.  Violation of the law is an infraction or misdemeanor and may lead to fines of $250 to $1,000 and possible incarceration for up to six months. The animal must be able to reach food, water and shelter. Food and water containers must not be able to be tipped over. (Health and safety Code 122335)
  
• It is prohibited to leave an animal in an unattended motor vehicle under “circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.”. Even on a cool day, an animal left in a vehicle in the sun could be subjected to extreme temperatures.  (California Penal Code Section 597.7)
  
• Animals carried in the back of pick-up trucks must be safely enclosed within a secured cage, cross tether, harness or other device that will prevent the animal from falling, jumping or being thrown from the truck in an accident.  (California Vehicle Code Section 23117)
  
• If you hit an animal with your vehicle in Monterey County, you are required to stop and give assistance to the animal. You are also required by law to notify the police or sheriff and attempt to contact the owner of the animal.  (Monterey County Ordinance Title 8 Section 8.44.050)
  
• It is a crime in the state of California to abandon any animal. If you are unable to find a home for your animal and you reside within Monterey County, please surrender your animal to The SPCA for Monterey County.  If you reside outside of Monterey County, please contact your local humane society or your local animal control facility for assistance.  (California Penal Code Section 597s)
  
• Maliciously neglecting, harming, killing or poisoning an animal can be charged as a felony and may carry a penalty of one year or more in state prison and/or a $20,000 fine. (California Penal Code Section 597(a))
   

NEW LAWS FOR 2009:

The following California State law went into effect on January 1, 2009

Protecting Abandoned Animals, Amends 1815, 1816, and 1981 of the CA Civil Code. Allows anyone who encounters an abandoned animal in a property that has been vacated through lease termination or property foreclosure to help the animal by immediately contacting The SPCA for Monterey County or your local animal control agency.  Although animal abandonment is already illegal, previously bank employees, property inspectors and others who entered abandoned homes were often advised to leave all property, including pets, untouched.  AB 2949 amends California's Civil Code to require property owners, including banks or other corporate entities, to immediately notify animal control officials when animals are abandoned at foreclosed properties.

AB 2949 was born out of California State Assemblyman Mark DeSaulnier's annual "There Ought to Be a Law" contest. The new law may serve as a model for other states to resolve the issue of pets left behind by people forced to move by foreclosure.

CA Civil Code 1816.  (a) The person or private entity with whom a thing is
deposited in the manner described in Section 1815 is bound to take
charge of it, if able to do so.
   (b) Any person or private entity with whom a live animal is
deposited in the manner described in subdivision (d) of Section 1815
shall immediately notify animal control officials for the purpose of
retrieving the animal pursuant to Section 597.1 of the Penal Code.
Animal control officers who respond shall be entitled to exercise the
right afforded them pursuant to that section to secure a lien for
the purpose of recovering the costs of attempting to rescue the
animal. Nothing in this subdivision shall impose any new or
additional civil or criminal liability upon a depositary who complies
with this subdivision.
   (c) A public agency or shelter with whom an abandoned animal is
deposited in the manner described in Section 1815 is bound to take
charge of it, as provided in Section 597.1 of the Penal Code.
   (d) The person in possession of the abandoned animal is subject to
all local ordinances and state laws that govern the proper care and
treatment of those animals.
   (e) For purposes of this section, the person or private entity
that notifies animal control officials to retrieve the animal or the
successor property owner shall not be considered the keeper of the
animal or the agent of the animal's owner as those terms are used in
Section 597.1 of the Penal Code.

Prop 8 Passes, click here to learn more.
 

NEW LAWS FOR 2008:

The following California State law went into effect on January 1, 2008

Protective Orders: Companion Animals, amends Section 6320 of the Family Code. Allows judges to include pets in protective orders. This is a critical step in protecting thousands of domestic violence victims and preventing abusers from manipulating the loving bond between both child and adult victims and their pets. Sadly, perpetrators often abuse animals in order to intimidate, harass, or silence their human victims.

This legislation extends basic protection to the animal members of a household suffering domestic violence by allowing judges to include family pets in protective orders. This legislation acknowledges the correlation between domestic violence and animal abuse. It states that perpetrators often abuse animals in order to intimidate, harass, or silence their human victims.

Research for the bill indicated that a survey of pet-owning families with substantiated child abuse and neglect found that animals were abused in 88 percent of homes where child physical abuse was present. A survey of 50 of the largest shelters for battered women in the United States found that 85 percent of women and 63 percent of children entering shelters discussed incidents of pet abuse in the family.

NEW LAWS FOR 2007:

The following three California State laws went into effect on January 1, 2007

Dog Tethering, Health and Safety Code Section 122335, restricts tethering a dog. Prior to passage of this law, chaining a dog 24 hours a day was, in our view, cruel but was permissible under state law.  Chaining a dog is akin to putting it in solitary confinement and often produces dangerous levels of aggression, and a disproportionate amount of dog bites, as a result.  The law provides some exceptions such as permitting a “running line, trolley or pulley system” so long as the dog is not wearing a prong collar or choke chain.  A dog may be tethered in order to complete a temporary task that requires the dog to be restrained for a reasonable period (not to exceed three hours within a 24-hour period) Violation of the law can be cited as an infraction or misdemeanor and may lead to fines of $250 to $1,000 and possible incarceration for up to six months.  Click here to learn some easy alternatives to tethering your dog!

Animals Unattended in Vehicles, California Penal Code section 597.7, prohibits leaving an animal in an unattended motor vehicle under “circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.”  The law explicitly permits various enforcement agencies, including Humane Officers, to take the steps necessary to remove the animal from the situation, including breaking into the vehicle after making a reasonable effort to find the owner.  In passing this law, the legislature acknowledged that educational approaches are not effective unless “. . . integrated with enforcement activity.”  The SPCA has always followed a protocol of breaking into a vehicle if the animals’ life was clearly at risk.  This law codifies that activity and protects The SPCA and our Humane Investigators from criminal charges and unwarranted lawsuits over damage to vehicles. 

Cockfighting, California Penal Code sections 597b, 597c, 597i and 597j, addresses cockfighting.  The most important amendment brings California in accord with neighboring states Oregon, Nevada, and Arizona, as well as with most other states in providing felony level penalties for cockfighting.  California will now provide the option of a felony level penalty with incarceration from one to three years and up to a $25,000 fine upon a second conviction.  The law also provides that it is a misdemeanor to be knowingly present at a cockfight.  With this law, cock fighters can no longer view California as a safe haven in which to raise and fight their birds.  In addition to the humane issues, the legislature acknowledged the economic and public health role cock fighting played in the spread of Exotic Newcastle Disease and the potential for cock fighters to spread the much more dangerous Avian Flu in the same way.   

HOW TO REPORT:

To report animal neglect or abuse, call 831-373-2631 or 422-4721 x213, or click here to complete an online report form.  All reports are confidential.

Animal cruelty does not include barking dogs, disruptive cats or loose animals. If you have a problem with a loud animal call your local police agency. If you see a loose animal, a vicious animal, or an injured domestic animal on the side of the road call your local animal control. Click here for a list of local Animal Control Offices.  If you see injured wildlife or are unable to reach Animal Control for an injured domestic animal, please contact The SPCA at 831-373-2631 or 422-4721 or after hours at 831-646-5534.

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