California Pet Store Animal Care Act

[AntMan612]

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=122001-123000&file=122350-122361

This law imposes standards of care and violations are subject to a $1,000 maximum fine. IMO, it could be even stricter, but at least it is something.

 

[Golden Gate Geckos]

Personally, I feel we need LESS legislation here in our state, or any state for that matter.... especially when it comes to keeping reptiles. We have had Animal Cruelty laws for years, but who inforces them is arguable.

 

[AntMan612]

That's a good point. I'm generally not for big government, either, and enforcement of this law is uncertain, since no funding for such has been defined. There's just no easy answer, is there...

 

[Gecko]

Well my problem with a lot of pet laws is they're hollow. I mean look at the caresheet thing. Some of those supposed vet approved caresheets have some errors, in a few cases what I'd worry are major ones.

 

[Golden Gate Geckos]

California Penal code 597 section (a) states:

“…every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than $ 20,000, or by both the fine and imprisonment, or, alternatively, by imprisonment in a county jail for not more than one year, or by a fine of not more than $ 20,000, or by both the fine and imprisonment”.

Penal code 597 section (b) states:
“Except as provided otherwise in subdivision (a) or (c), every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink or shelter, cruelly beats, mutilates, or cruelly kills an animal…and whoever, having charge or custody of an animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or fails to provide proper food, drink, or shelter or protection from the weather, or who drives rides or otherwise uses the animal when it is unfit for labor, is, for every such offense, guilty of a crime punishable as a misdemeanor or as a felony…”

It is vague on what to do about animal cruelty:

A variety of agencies may enforce animal cruelty laws. This varies by locality, and may be different within the city limits and the unincorporated county in some areas. It’s a good idea to find out who is responsible for enforcement when you move to a new location, and make sure contact information is available. Animal cruelty laws are often enforced by:

County or city animal control officers
Humane officers employed by non-profit animal shelters*
Local police or county sheriff

* In California and in some other states, humane societies or SPCAs can appoint Humane Officers provided they follow certain guidelines (Corp. code 14502). A Humane Officer “is not a peace officer but may exercise the powers of a peace officer at all places within the state in order to prevent the perpetration of any act of cruelty upon any animal”.

Other agencies may become involved depending on the violations and species at issue (e.g. fish and game, zoning, department of agriculture, child protective services, etc.).

The ability and inclination to enforce animal cruelty laws varies considerably with resources, priorities and level of knowledge for the enforcement agency and local justice system. Sometimes it can be helpful to ask for advice from regional or national resources if additional expertise or encouragement is needed. Some resources are listed below. Shelters with well established humane investigation programs may be willing to help out smaller agencies with advice or logistical support.

So basically, it's not uncommon for any of these agencies to 'pass the buck' when something gets reported. I have even been told that they weren't even sure if those laws apply to reptiles!!!

 

[PacHerp]

That is really interesting Marcia.... I wonder what 'those stores' in Cali would think about getting a letter in the mail with all of this information enclosed...

Just a thought....

 

[Golden Gate Geckos]

I wonder what 'those stores' in Cali would think about getting a letter in the mail with all of this information enclosed...

Along with the photo from this thread:
http://www.geckoforums.net/showthread.php?t=21836

 

[PacHerp]

yep.... I think that would be a swell idea....