ANIMAL-RELATED LEGISLATION

2008 Pending Legislation

AB 1634: The California Healthy Pets Act
(Held over to 2008)
California State Assembly Bill 1634 was introduced in February 2007.  The SPCA supports this bill, which requires every dog and cat to be spayed or neutered by the age of four months, unless the owner has obtained a special permit. Animals recognized by certain national breed clubs or those used for professional purposes, including guide dogs and trained police canines, and animals too elderly or sick to be altered would be exempt.  This bill would significantly reduce the number of animals euthanized for lack of a home in Monterey County by curtailing irresponsible overbreeding.
Click here to read the full text of the bill.(currently under revision)
Click here to learn more about the bill and see who supports it.
Click here to read Monterey County Herald Guest Commentary "Healthy Pets Act is a Lifesaver" by SPCA Executive Director Gary Tiscornia.

Click here to learn how to contact your representatives.
Sending your support by fax or letter is usually the best way.  Emails are sometimes not counted due to the overwhelming number of emails and the prevalence of form emails.  However, every supporting voice will help.

Initiative: California Prevention of Farm Cruelty Act
This Act would prohibit the cruel confinement of farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs.
Click here to learn more.

AB 2233: Dogs in Cars
Prohibits having a dog or any other animal in the driver's lap while driving.
Click here to read the full text of the bill.
Click here to view the KSBW news story on AB 2233

AB 2281: Dog Fighting
Strengthens existing penalty for attending a dog fight from a misdemeanor to a felony.
Click here to read the full text of the bill.
 

2007 Legislation

SB 353: Protective Orders: Companion Animals
(Signed into law)
California Senate Bill 353, now signed into law, 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.

SB 353 was signed into law on September 11, 2007.
This bill was authored by Senator Sheila Kuehl.

 
Animal Welfare Policies of The SPCA for Monterey County
The following are the animal welfare policies of The SPCA for Monterey County.  Please contact us if you have any questions.  (Click on the section to go directly to the policy):

1.    Adoption Policy
2.    Euthanasia Policy
3.    Animals in Entertainment
4.    Horse Racing and Showing
5.    Marine Mammals
6.    Feral Cats
7.    Rodeo
8.    Production of Animals for Consumption
9.    Breeding of Companion Animals
10.  Equine Adoption
11.  Retail Sale of Puppies and Kittens
12.  Hunting and Fishing
13.  Wild Animals
14.  Laboratory Animals
15.  Animals in the Classroom
16.  Cosmetic/Elective Surgery for Animals
17.  Steel-Jaw Leghold Traps
18.  Blood Sports

Adoption Policy
The SPCA for Monterey County is committed to the adoption of all healthy, behaviorally sound companion animals

Euthanasia Policy
The SPCA for Monterey County is opposed to the euthanasia of adoptable, healthy and behaviorally sound animals.  The SPCA accepts that in certain circumstances euthanasia may be necessary to relieve pain and suffering.

When Euthanasia is necessary, it should be performed with compassion by certified persons using approved methods.

Animals in Entertainment
The Board of Directors of The SPCA for Monterey County is opposed to the use of animals for any form of entertainment or promotional purpose where distress, intimidation, danger, or harm to the animal is likely to occur.

Non-domesticated species should not be used for entertainment or promotional purposes since, invariably, adverse circumstances for the animal likely to occur.

Horse Racing and Showing
The Board of Directors of The SPCA for Monterey County adopts the following policy on horse showing and racing: We oppose the use of any performance-enhancing drug or surgical manipulation that is not absolutely necessary for the medical well-being of the horse.  Furthermore, we oppose any event or training method that carries a significant risk of potential physical harm to the horse.

Marine Mammals
The Board of Directors of The SPCA for Monterey County adopts the following policy on Marine Mammals:

• We are opposed to the slaughter of marine mammals for any purpose and by any method, including commercial and sport purposed, clubbing, shooting, and drowning in fish nets or other gear.
• For any marine mammals that are either endangered or in imminent danger of becoming so, steps must be taken to reverse the decline of those marine mammal populations.
• We support the development of new fishing practices that will prevent injury to and/or death of marine mammals.
  

Feral Cats
The SPCA for Monterey County recognizes the societal issues and problems of feral/unowned cat populations within our jurisdiction.  Our goal is to provide a humane approach to this issue that would provide a quality existence for these cats and ultimately eliminate feral/unowned cat populations through natural attrition and population control.

Any solution must have the continual cooperation of all concerned parties, including the property owner where the cats are living.

• For property owners who do not want feral cats on their premises, these cats should be treated as stray animals.  Humane trapping with subsequent adoption of those that are healthy and able to be socialized is recommended.
• For property owners who do not object to feral cats on their premises, The SPCA supports a trap, vaccinate, occasionally test, alter, and release program, provided an established, trained and educated cat caretaker is in place.
  

Rodeo
We oppose the use of devices, such as electrical prods, sharpened sticks, sharpened spurs, flank straps, and other rodeo tack that cause animals to react violently.

We oppose certain activities at the Rodeo that may result in unnecessary fear, pain, injury, and in some cases, death.  Included in these activities are wild horse racing, calf-roping, bronco-riding, and steer wrestling.

Production of Animals for Consumption
The Board of Directors of The SPCA for Monterey County adopts the following policy on the production of animals for human consumption:

The SPCA for Monterey County believes that the husbandry and killing animals for food, clothing, and other products should be based on the humane ethic.

While recognizing the need for efficient and economical means of raising livestock, we condemn practices that cause pain, suffering and stress to animals.  Such practices include, but are not limited to, extended confinement in crates, isolation, crowding, negative manipulation of diet, forced feeding, large quantities of antibiotics, hormones, etc., and mutilation required due to the stresses of any of the above procedures.

 The SPCA for Monterey County should:

• Be knowledgeable regarding the husbandry methods of livestock growers.
• Encourage producers to follow humane practices.
• Educate consumers about humane alternatives to raising animals for consumptions in “factory farms.”

Breeding of Companion Animals
The Board of Directors of The SPCA for Monterey County adopts the following policy on the breeding of companion animals.

For the purpose of this policy” breeder” is defined as follows: Any person or persons who choose to breed companion animals for pleasure or profit on a somewhat regular basis

• We believe that all companion animals should be altered to help control the overpopulation problem.  Casual breeding should not be permitted.  This refers to people who have litters for the wrong reasons, e.g., to educate the children in the family about reproduction, to duplicate a beloved pet because it has been such a great companion, to make money, etc.
• Breeders should have the highest ethical standards and provide appropriate housing, nutrition, medical care, nurturing, socialization, and exercise for the animals in their care.
• Breeders should be dedicated professionals who breed only the highest-quality animals and routinely test animals for genetic defects and disease.  A female should not be bred more than once per year.  Puppies and kittens should not be shipped by commercial carrier until they are at least 12 weeks of age.
• Breeders must be responsible for placement of animals in an environment that will provide the best care of their lifetime.  In addition, all offspring of less than the very highest quality will be neutered before placement or the new owners will sign a binding contract to alter them any time after 8 weeks.
• The mass production of puppies or kittens (as in puppy/kitten mills) is unacceptable.
  

Equine Adoption
The SPCA for Monterey County considers horses and other equine to be companion animals with needs that go beyond providing food, water, shelter, and exercise.  This placement policy is designed to assist The SPCA in placing equine companions with owners who are prepared to meet their long-term needs for socialization and companionship.

• The SPCA for Monterey County will adopt equines to individuals or programs willing to make a long-term commitment to keeping the animal as a companion and who, if circumstances require, will be responsible in placing that equine in another similar setting.
• The SPCA for Monterey County makes every reasonable attempt to assess behavior and temperament of horses for adoption, but cannot guarantee soundness.
• Equine are not adopted for slaughter, commercial gain, or use in events or exhibition inconsistent with The SPCA’s policies
  

Retail Sale of Puppies and Kittens
The Board of Directors of The SPCA for Monterey County adopts the following policy on the retail sale of puppies and kittens:

The SPCA for Monterey County opposes the display and sale of puppies and kittens by retail outlets, such as flea markets, pet stores, and street-corner vendors when these animals are supplied by breeding farms with questionable practices and quality control.  As an alternative, we support the display and adoption of puppies and kittens from animal shelters in a cooperative venture with local humane organizations.

Hunting and Fishing
The Board of Directors of The SPCA for Monterey County adopts the following policy on Hunting and Fishing:

The SPCA for Monterey County recognizes that the majority of members of our community consume animals for sustenance.  We draw no distinction between animals domestically raised and slaughtered and wildlife hunted or fished.

Only humane, legal, and ethical methods of hunting and fishing should be used, and then only when there is consumption of the animal.  All other methods are unacceptable, including, but not limited to, sport hunting, trophy hunting, bow hunting, “canned” hunts, etc.

With the exception of the use of dogs for the retrieval of birds, the training or use of dogs for hunting and/or direct killing of wildlife is not acceptable.

Wild Animals
The Board of Directors of The SPCA for Monterey County adopts the following policy on wild animals:

• We are opposed to the trapping, raising, and hunting of animals for their fur and urge the public not to purchase or wear fur.
• We oppose the sale of surplus zoo animals at auctions.
• Captive endangered species that are bred must be provided humane care until released.
• We oppose zoos that do not provide humane care for the animals, and we oppose roadside zoos in which animals are used to attract the public’s attention for the sales of goods or services.
• We oppose traveling zoos where animals are kept in cramped, unnatural environments and are subject to stress from traveling.
• We oppose the keeping of wild animals as pets.
• We shall work together on the passage of laws to prohibit cruel hunting practices and activities, and to promote programs to curb overpopulation of wildlife through means that do not involve killing.
• We oppose the use of exotic animals in circuses.
• We support laws and policies that protect wildlife and wildlife habitat.
  

Laboratory Animals
The Board of Directors of The SPCA for Monterey County adopts the following policy on laboratory animals:

• We are opposed to the use of animals in household and cosmetic product testing to include the LD 50 Test and the Draize Test.
• We support legislation to prohibit elementary and secondary school students from performing experiments on animals that cause or could tend to cause pain, suffering or death.
• We oppose the inhumane use or treatment of animals for purposes of medical research.
• We support legislation and regulatory action to promote alternatives to animal research and to facilitate and encourage the sharing of data and alternative methods in all forms of animal research.
• We support legislation to require the United States Department of Agriculture to enforce the Federal Animal Welfare Act to include rats, mice, birds, and farm animals.
• The SPCA shall not provide dead or live animals for the purposes of experimenting, dissecting, or research.
  

Animals in the Classroom
The Board of Directors of The SPCA for Monterey County adopts the following policy on the use of animals in the classroom:

The SPCA for Monterey County recognizes the potential benefits of having animals visit or reside in the classroom.

Teachers and students should use established guidelines for appropriate selection, care, and handling of classroom companion animals prior to bringing them into the classroom.  Teachers are further encouraged to incorporate lessons on kindness, husbandry, respect, and responsible companion animal caretaking into their daily curriculum.

The animals that are chosen to live in the classroom should be appropriate to the classroom setting.  Acceptable husbandry and care standards must be met.  Classroom companion animals should not be allowed to breed.  The school and the classroom teacher must take ultimate responsibility for the care and the feeding of their classroom companion animals.

Cosmetic/Elective Surgery for Animals
The Board of Directors of The SPCA for Monterey County adopts the following policy on cosmetic/elective surgery for animals:

We are opposed to surgery on animals that has no medical benefit.  We are also opposed to surgery that neither prolongs nor improves the quality of an animal’s life. 

Unacceptable procedures include, but are not limited to, tail docking, ear-cropping, debarking dogs, declawing of cats, equine tail myotomy, and orthodontics for cosmetic purposes.

Steel-Jaw Leghold Traps
The Board of Directors of The SPCA for Monterey County adopts the following policy on the use of steel-jaw leghold traps.

We oppose the use of steel-jaw leghold traps as they are inhumane and illegal

Blood Sports
The Board of Directors of The SPCA for Monterey County adopts the following policy on blood sports.

The SPCA for Monterey County categorically opposes all blood sports including, but no limited to

• dog fighting
• cock fighting
• bullfighting
• bear baiting
• bear wrestling
• kangaroo boxing
• live luring
• hunts where animals are used to pursue, capture or kill other animals
• any other event that pit animals against one another, a mechanical device, or a human being in real, ritualized, or mock combat.

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