Section § 122380

Explanation

This section provides definitions for key terms related to pet boarding facilities. "Enrichment" refers to activities or objects that stimulate a pet's well-being. A "permanent or fixed enclosure" is a structure that keeps pets separate from their waste. "Person" includes a range of legal entities like companies and trusts. "Pet" includes most nonhuman animals, except horses. A "pet boarding facility" is any place with four or more pets boarded for payment, excluding city animal shelters or registered veterinary facilities. The "operator" is the person who owns or runs the boarding facility. A "temporary enclosure" like a crate does not separate the pet from waste.

As used in this chapter, the following definitions apply:
(a)CA Health & Safety Code § 122380(a) “Enrichment” means providing objects or activities, appropriate to the needs of the species, as well as the age, size, and condition of the pet, that stimulate the pet and promote the pet’s well-being.
(b)CA Health & Safety Code § 122380(b) “Permanent or fixed enclosure” means a structure, including, but not limited to, an exercise run, kennel, or room, used to restrict a pet, that provides for the effective separation of a pet from the pet’s waste products.
(c)CA Health & Safety Code § 122380(c) “Person” means an individual, partnership, firm, limited liability company, joint-stock company, corporation, association, trust, estate, or other legal entity.
(d)CA Health & Safety Code § 122380(d) “Pet” means any nonhuman animal housed in the pet boarding facility, including, but not limited to, mammals, birds, reptiles, and amphibians. However, “pet” does not include a horse.
(e)CA Health & Safety Code § 122380(e) “Pet boarding facility” means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. However, “pet boarding facility” does not include a city, county, or city and county animal control agency, society for the prevention of cruelty to animals, or humane society that contracts for the care of stray or abandoned animals, or the premises of a veterinary facility that is registered pursuant to Section 4853 of the Business and Professions Code.
(f)CA Health & Safety Code § 122380(f) “Pet boarding facility operator” or “operator” means a person who owns or operates, or both, a pet boarding facility.
(g)CA Health & Safety Code § 122380(g) “Temporary enclosure” means a structure used to restrict a pet, including, but not limited to, a crate or cage, that does not provide for the effective separation of a pet from the pet’s waste products.

Section § 122381

Explanation
This California law sets responsibilities for operators of pet boarding facilities. They must ensure the facility is well-maintained and pest-free, keep escaped pets contained or report them if they escape, and have cleanable, sanitizable surfaces. Proper lighting for care and inspection is needed. They must separate grooming areas from pet enclosures and sanitize them daily, store food separately, and have a space to isolate sick from healthy pets.
Each pet boarding facility operator shall be responsible for all of the following:
(a)CA Health & Safety Code § 122381(a) Ensuring that the entire pet boarding facility, including all equipment therein, is structurally sound and maintained in good repair.
(b)CA Health & Safety Code § 122381(b) Ensuring that pests do not inhabit any part of the pet boarding facility in a number large enough to be harmful, threatening, or annoying to the pets.
(c)CA Health & Safety Code § 122381(c) Ensuring the containment of pets within the pet boarding facility, and, in the event that a pet escapes, making reasonable efforts to immediately capture the escaped pet.
(d)CA Health & Safety Code § 122381(d) If an escaped pet has not been captured despite reasonable efforts, ensuring that all material facts regarding the pet’s escape are reported to the local agency for animal control and to the owner.
(e)CA Health & Safety Code § 122381(e) Ensuring that the pet boarding facility’s interior building surfaces, including walls and floors, are constructed in a manner that permits them to be readily cleaned and sanitized.
(f)CA Health & Safety Code § 122381(f) Ensuring that light, by natural or artificial means, is distributed in a manner that permits routine inspection and cleaning, and the proper care and maintenance of the pets.
(g)CA Health & Safety Code § 122381(g) If pet grooming services are offered by a pet boarding facility, separating the grooming work area from the pet boarding facility’s permanent or fixed and temporary enclosures and ensuring that the grooming areas are cleaned and sanitized at least once daily.
(h)CA Health & Safety Code § 122381(h) Storing food in an area separate from permanent or fixed enclosures or temporary enclosures.
(i)CA Health & Safety Code § 122381(i) Maintaining an area for isolating sick pets from healthy pets.

Section § 122382

Explanation

This law section sets standards for enclosures where pets are kept. All enclosures, whether permanent or temporary, must be well-built to keep pets safe, healthy, and comfortable. They need to be clean and made from materials that can be easily sanitized. Enclosures must provide necessary features like heating, cooling, and protection from bad weather to ensure the pet's comfort.

Pets should be able to move freely and rest comfortably within any enclosure. Specifically for cats, permanent enclosures must have elevated platforms appropriate for their size. Temporary enclosures can only be used for short durations, ensuring the pet's health and ability to remove waste outside the enclosure.

(a)CA Health & Safety Code § 122382(a) Each permanent or fixed and temporary enclosure shall comply with all of the following standards:
(1)CA Health & Safety Code § 122382(a)(1) Be structurally sound and maintained in good repair to protect the enclosed pet from injury, to contain the pet, to keep other animals out, and to promote the health and well-being of the pet.
(2)CA Health & Safety Code § 122382(a)(2) Be maintained in a comfortable and sanitary manner. When being cleaned in a manner or with a substance that is or may be harmful to a pet within the enclosure, that pet shall be removed from the enclosure.
(3)CA Health & Safety Code § 122382(a)(3) Be constructed of material suitable for regular cleaning and sanitizing.
(4)CA Health & Safety Code § 122382(a)(4) As needed to ensure the comfort and well-being of the pet, provide heating, cooling, lighting, ventilation, shade, and protection from the elements, including, but not limited to, the sun, wind, rain, and snow.
(5)CA Health & Safety Code § 122382(a)(5) Allow a pet to turn around freely, stand easily, and sit or lie down in a comfortable position.
(b)CA Health & Safety Code § 122382(b) Each enclosure is either a permanent or fixed enclosure or a temporary enclosure.
(c)CA Health & Safety Code § 122382(c) In addition to the requirements set forth in subdivision (a), a permanent or fixed enclosure for a cat shall provide an elevated platform appropriate for the size of the cat.
(d)CA Health & Safety Code § 122382(d) A pet may be contained in a temporary enclosure for a period not to exceed 4 hours during the day and 12 hours at night or the length of time that is humane for that particular pet, whichever is less. However, the pet shall remain outside the temporary enclosure for no less than the amount of time needed for the pet to eliminate its waste.

Section § 122383

Explanation

This law outlines the responsibilities of pet boarding facilities to ensure the welfare of animals in their care. Each pet must have its own enclosure unless the owner agrees otherwise. Pets should be checked at least daily for illness or distress, and their living spaces kept clean from waste. Facilities must provide access to clean water and nutritious food and enrich the pets' environment to support their mental health. Written procedures for all aspects of animal care and emergency situations must be in place and shared with all employees. Any pet with a contagious condition should be isolated, and any sick or injured pet should receive immediate care, with owners informed unless otherwise specified. During emergencies, facilities are obliged to care for animals as much as possible given the situation.

A pet boarding facility operator shall comply with all of the following animal care requirements:
(a)CA Health & Safety Code § 122383(a) House only one pet at a time in an enclosure unless otherwise consented to by the owner.
(b)CA Health & Safety Code § 122383(b) Observe each pet as necessary, but no less than once every 24 hours, in order to recognize the signs of sickness, injury, or distress, and in order to ensure that the pet, food, and waste or debris is removed as necessary to prevent contamination or injury.
(c)CA Health & Safety Code § 122383(c) Provide each pet with easy and convenient access to potable water at all times, or if the behavior of the pet makes unrestricted access to water impracticable, offer water as often as necessary to ensure the pet’s health and well-being. However, water may be restricted as directed by the owner or a licensed veterinarian.
(d)CA Health & Safety Code § 122383(d) Provide each pet with nutritious food in quantities and at intervals suitable for that pet.
(e)CA Health & Safety Code § 122383(e) Provide each pet daily with enrichment sufficient to maintain the behavioral health of the pet.
(f)CA Health & Safety Code § 122383(f) Maintain and abide by written policies and procedures that address animal care, management and safe handling, disease prevention and control, routine care, preventive care, emergency care, veterinary treatment, and disaster planning, evacuation, and recovery that are applicable to the location of the pet boarding facility. These procedures shall be reviewed with each employee who provides animal care and shall be present, in writing, either electronically or physically, in the facility and made available to all employees.
(g)CA Health & Safety Code § 122383(g) Isolate those pets that have or are suspected of having a contagious condition.
(h)CA Health & Safety Code § 122383(h) Ensure that each sick or injured pet is immediately provided with appropriate care and, if prudent, veterinary treatment.
(i)CA Health & Safety Code § 122383(i) Ensure that the owner of a pet is notified immediately that his or her pet is sick or injured unless the owner has indicated in writing that notification of any, or a particular, type of illness or injury is not required.
(j)CA Health & Safety Code § 122383(j) In the event of a natural disaster, an emergency evacuation, or other similar occurrence, ensure that the humane care and treatment of each animal is provided for, as required by this chapter, to the extent access to the pet is reasonably available.

Section § 122384

Explanation

If you run a pet boarding facility, you must give pet owners written details about when they can drop off and pick up their pets, when staff are present, the size of pet enclosures, how often pets are checked on, and the daily routine for their pet's species. If you plan to change these practices for a specific pet, you need to tell the owner about these changes.

(a)CA Health & Safety Code § 122384(a) A pet boarding facility operator shall provide each owner with written information describing all of the following:
(1)CA Health & Safety Code § 122384(a)(1) Days and times during which the pet boarding facility permits pets to be dropped off and picked up.
(2)CA Health & Safety Code § 122384(a)(2) Days and times during which personnel are onsite.
(3)CA Health & Safety Code § 122384(a)(3) The square footage of the permanent or fixed and temporary enclosures in which the species of pet that the owner is boarding is customarily contained.
(4)CA Health & Safety Code § 122384(a)(4) General observation practices during each 24-hour period for the species of pet that the owner is boarding is customarily observed by personnel.
(5)CA Health & Safety Code § 122384(a)(5) The pet boarding facility’s customary daily activity schedule for the species of pet that the owner is boarding.
(b)CA Health & Safety Code § 122384(b) If the pet boarding facility will materially deviate from the customary practices described in the written information required by subdivision (a) with respect to an owner’s pet, the pet boarding facility operator shall disclose those deviations to the owner or patron, as appropriate.

Section § 122385

Explanation

If you own or run a pet boarding facility, you must have either a fire alarm system that alerts the local fire department or a fire sprinkler system to keep both animals and property safe in case of a fire.

A pet boarding facility shall maintain either of the following:
(a)CA Health & Safety Code § 122385(a) A fire alarm system that is connected to a central reporting station that alerts the local fire department in case of fire.
(b)CA Health & Safety Code § 122385(b) A fire suppression sprinkler system.

Section § 122386

Explanation

If an animal control, humane, or peace officer finds that a pet boarding facility violated certain rules, they must issue a notice detailing each issue, how to fix it, and a timeline for correction. The facility then gets inspected again. If they comply, they're not penalized. A facility violating the same rule twice in five years receives a penalty. A second violation is an infraction, a third is a misdemeanor. Allowing harm or risk of harm to animals also counts as a misdemeanor. Other breaches result in fines up to $250 for the first offense and $1,000 for any after, based on the seriousness of the violation.

(a)CA Health & Safety Code § 122386(a) An animal control officer, as defined in Section 830.9 of the Penal Code, a humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code, or a peace officer who detects a violation of Sections 122380 to 122385, inclusive, if he or she decides the violation warrants formal action, shall issue a single notice to correct that shall contain all of the following information:
(1)CA Health & Safety Code § 122386(a)(1) Specify each violation of this chapter found in the inspection.
(2)CA Health & Safety Code § 122386(a)(2) Identify the corrective action for each violation.
(3)CA Health & Safety Code § 122386(a)(3) Include a specific period of time during which the listed violation or violations are to be corrected.
(b)CA Health & Safety Code § 122386(b) After issuing a notice to correct pursuant to this section, the officer or another qualified officer of the issuing agency shall verify compliance with this chapter by conducting a subsequent investigation of the pet boarding facility within a reasonable period of time.
(c)CA Health & Safety Code § 122386(c) An exact, legible copy of the notice to correct shall be delivered to the pet boarding facility operator at the time he or she signs the notice. In the alternative, the issuing agency may personally deliver the notice to the operator within 48 hours of its issuance, excluding holidays and weekends. The signing of the notice is an acknowledgment of receipt and does not constitute an admission of guilt.
(d)CA Health & Safety Code § 122386(d) A pet boarding facility operator who is verified to have complied with a notice to correct shall not be subject to subdivision (g).
(e)CA Health & Safety Code § 122386(e) A pet boarding facility operator who violates the same provision of this chapter on more than one occasion within a five-year period is not eligible to receive a notice to correct, and is guilty of an infraction on the second violation, and is guilty of a misdemeanor on the third or subsequent violation.
(f)CA Health & Safety Code § 122386(f) Notwithstanding subdivision (a), a pet boarding facility operator that causes or allows harm or injury to an animal, or allows an animal to be subject to an unreasonable risk of harm or injury is guilty of a misdemeanor.
(g)CA Health & Safety Code § 122386(g) Except as provided in subdivisions (e) and (f), a pet boarding facility operator who violates any provision of this chapter is guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) for the first violation and by a fine not to exceed one thousand dollars ($1,000) for each subsequent violation. The court shall weigh the gravity of the offense in setting the penalty.

Section § 122387

Explanation

This section clarifies that the rules in this chapter don't change or override any other laws that protect animals or consumer rights. It specifically mentions that the law doesn't permit any actions that would violate animal protection laws, like Section 597 of the Penal Code, or any other similar laws at the local, state, or federal level.

(a)CA Health & Safety Code § 122387(a) Nothing in this chapter shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or the rights of consumers, including, but not limited to, Section 597 of the Penal Code.
(b)CA Health & Safety Code § 122387(b) Nothing in this chapter limits, or authorizes any act or omission that violates, Section 597 of the Penal Code, or any other local, state, or federal law that protects animals or the rights of consumers.

Section § 122388

Explanation

This law allows California cities and counties to create their own rules and standards for pet boarding facilities, beyond what the state requires.

Pursuant to Section 7 of Article XI of the California Constitution, a city, county, or city and county may adopt ordinances that establish additional standards and requirements for a pet boarding facility.