Animal Welfare Laws

This is just a small selection of California's animal-related laws most commonly seen by our Humane Investigations Officers. Please contact us if you have any questions or suspect animal cruelty or abuse.

• 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))

Pending Legislation for 2011:

Monterey County Rooster Ordinance

Action Alert: Monterey County Board of Supervisors Meeting - TBD

Please attend the Monterey County Board of Supervisors meeting to express support for the proposed rooster ordinance. The meeting will take place in the Board Chambers located on the first floor of the Monterey County Government Center.

If you're unable to attend, you can still help by calling your member of the Board of Supervisors before the meeting. Look up your member's information.

Date: TBD
Time: TBD
Address:
Monterey Co. Government Center
168 W. Alisal Street - 1st Floor
Salinas, CA 93901

The SPCA's Opinion:

Few people object to the sound of a rooster crowing to announce the beginning of a new day.  In fact, many people who live in a country setting welcome the daily ritual and view it as nature’s alarm clock.

That bucolic scene, however, is not what gave rise to a proposed ordinance to regulate the keeping of roosters in Monterey County’s Residential and Limited Agricultural Zoning Districts.

Imagine living with an alarm clock (or, in the case of Monterey County, nearly 500 very loud and extremely annoying alarm clocks) that can’t be turned off and you begin to understand what many of the county’s residents are complaining about.  The constant noise causes sleepless nights and makes it difficult to concentrate or even to converse with friends and family members.  Why should those living next to a parcel populated with staked out gamecocks be denied the quiet enjoyment of their property that most of us take for granted.  Why should they have to worry about manure runoff and the pollution it causes in otherwise pristine areas of Monterey County.

The continuous crowing doesn’t emanate from 4-H or FFA projects.  It doesn’t come from flocks of Dutch bantams or other heritage breeds of fowl kept by law-abiding citizens who pride themselves on being good neighbors.  They come from gamecocks kept primarily for use in cruel and illegal cockfights.  Make no mistake.  SPCA investigations show that there’s no shortage of people with an interest in raising and selling gamecocks for this purpose in Monterey County.  The manner in which these combative fowl are typically kept results in their constant crowing as a means of announcing their presence and asserting their dominance over every other rooster within view and earshot.

The complaints run the gamut, from property owners and real estate professionals who have complained about declining property values and difficulties finding buyers for properties located in areas where gamecocks are raised, to people who have been intimidated by threats of violence for complaining to authorities about noise and suspected criminal activity.  Perfecting an impermissible and often illegal use of land through intimidation should never be acceptable anywhere, and should certainly not be acceptable in Monterey County.

Together we urge the Board of Supervisors to approve the proposed ordinance that places reasonable limits on the number of roosters that may be kept on a lot in Monterey County; improves the quality of life for residents; and helps shut down cockfighting operations.  We also support amendments that would make the permit process and fees charged less onerous for those whose roosters are kept in a traditional manner that does not create a public noise nuisance or pollution concerns.  In adopting this ordinance, Monterey County will follow a model that has been successful in bringing peace and quiet and decreased criminal activities to Santa Clara, Santa Cruz, and other California Counties without unduly affecting legitimate keepers of fowl who want to be good neighbors.  Since many counties are successfully passing similar ordinances, Monterey County has become one of the only counties in California allowing up to 499 roosters, therefore inviting criminal activities (which in addition to cockfighting often includes illegal weapons, gambling and drugs) to our communities.    

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. 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.