California Dog Spay/Neuter SB 861 Now Law

California Uner Governor Arnold Schwarzenegger signed a new piece of dog-related legislation into law on October 7, 2005. Bill number SB 861 changes State law to allow local agencies to mandate dog-breed specific spay/neuter programs which is a repeal of the existing California law.

In what can only be described as hypocritical cover-your-tail against legal challenges language, the bill allows breed-specific obligatory programs only if “no specific dog breed, or mixed dog breed, shall be declared potentially dangerous or vicious under those ordinances.”

The AKC came out strongly against this bill, as did many other organizations.

The intent of this legislation is to address this finding of the Legislature: "Uncontrolled and irresponsible breeding of animals contributes to pet overpopulation, inhumane treatment of animals, mass euthanasia at local shelters, and escalating costs for animal care and control; this irresponsible breeding also contributes to the production of defective animals that present a public safety risk."

While DogExplorer.com, inspired by Ansel, a pound puppy rescue dog, is all in favor of stopping the gargantuan problem of irresponsible breeding, mass euthanasia, and the negligent stewardship of animals, aggressive and otherwise, we do not feel this Legislation accomplishes this goal.

Here is the entire text of the bill. If you live in California, let your State Assembly and Senate representatives, and Governor Schwarzenegger, know what you think.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 31683 of the Food and Agricultural Code is

amended to read:

31683. Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs. Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as to breed.

SEC. 2. Chapter 7 (commencing with Section 122330) is added to Part 6 of Division 105 of the Health and Safety Code, to read:

CHAPTER 7. SPAY/NEUTER AND BREEDING PROGRAMS FOR ANIMALS

122330. The Legislature finds and declares all of the following:

(a) Uncontrolled and irresponsible breeding of animals contributes to pet overpopulation, inhumane treatment of animals, mass euthanasia at local shelters, and escalating costs for animal care and control; this irresponsible breeding also contributes to the production of defective animals that present a public safety risk.

(b) Though no specific breed of dog is inherently dangerous or vicious, the growing pet overpopulation and lack of regulation of animal breeding practices necessitates a repeal of the ban on breed-specific solutions and a more immediate alternative to existing laws.

(c) It is therefore the intent of the Legislature in enacting this chapter to permit cities and counties to take appropriate action aimed at eliminating uncontrolled and irresponsible breeding of animals

122331. (a) Cities and counties may enact dog breed-specific ordinances pertaining only to mandatory spay or neuter programs and breeding requirements, provided that no specific dog breed, or mixed dog breed, shall be declared potentially dangerous or vicious under

those ordinances.

   (b) Jurisdictions that implement programs described in subdivision (a) shall measure the effect of those programs by compiling statistical information on dog bites. The information shall, at a minimum, identify dog bites by severity, the breed of the dog involved, whether the dog was altered, and whether the breed of dog was subject to a program established pursuant to subdivision (a). These statistics shall be submitted quarterly to the State Public Health Veterinarian.