AB 2278: Animal control: seizure of animals: costs.

(1)Existing law requires a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal, or any animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the animal or the health and safety of others. In the case of taking possession of a stray or abandoned animal, existing law requires the officer to provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner.

This bill would require a seizing organization or entity to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized.

(2)Existing law requires the owner or keeper of an animal that is properly seized to be personally liable to the seizing agency for the cost of the seizure and care of the animal.

This bill would, subject to exception, make the owner or keeper of the animal liable to the seizing agency, and if the animal is impounded, to the impounding agency, for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges. The bill would require the seizing and impounding agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing or by personal service, first-class mail, or electronic mail, as specified. By imposing new duties on local seizing and impounding agencies, this bill would impose a state-mandated local program.

(3)Existing law permits the return of an animal only when the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal.

This bill would, subject to exception, require that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant give its express approval prior to the release of the animal to the owner.

(4)Existing law makes it a misdemeanor for every owner, driver, or keeper of an animal to permit the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention. Existing law, in cases involving cats and dogs, allows a seizing entity or prosecuting attorney to file a petition in a criminal action to request that the court issue an order forfeiting an animal prior to the final disposition of the case.

This bill would make the above provision applicable to any animal.

(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.