California

Summary: This California chapter declares that the intent of this legislation is to permit cities and counties to take appropriate action aimed at eliminating uncontrolled and irresponsible breeding of animals. 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. These entities must also submit statistical information to the State Public Health Veterinarian on a quarterly basis.

Summary: This California law allows an officer or employee of a local animal control agency to remove an undomesticated burro that strays onto private land at the request of the landowner. Such officer can also remove an undomesticated burro that strays onto a public roadway to ensure public safety.

Summary: This is a short overview of California Great Ape law.

Summary: In California, all gorillas, chimpanzees, orangutans, bonobos, and gibbons are classified as “wildlife” that must be restricted by the state for their own health and welfare. According to the legislature, it is necessary to regulate the import, possession, use, and treatment of Great Apes because “many animals die in captivity or transit…some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals … [and] some wild animals are a threat to public health and safety.”The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

Summary: PETCO and plaintiff met for a settlement conference by order of the Superior Court before the Bar Association of the San Francisco Early Settlement Program. In this settlement, PETCO agreed to pay $7,000 for the dismissal of the suit and the plaintiff agreed to accept this sum with the knowledge that she will be barred from proceeding against PETCO for this incident in the future. PETCO also reaffirmed that is had discontinued selling the bird cage that was the subject of this action and that it will not reinstate this product in its stores with zinc levels that exceed the nationally accepted standard for avian toxicology.

Summary: In their reply brief, Appellants argue respondents' reliance on Simpson v. City of Los Angeles is misplaced. They also argued due process protection applies to all property and that respondents' claims are unsubstantiated.

Summary: In this petition for a rehearing, respondents argued that the appellate court's decision (Phillips v. Department, 183 Cal.App.3d 372 (1986)) misstates crucial facts concerning the operation of the subject ordinance; that hearings required under the Atascadero ordinances apply to all dogs, not just strays; and that the appellate court may have been misled in its decision to conclude that no notice had been required.

Summary: This is an order for a settlment regarding police shooting a dog.

Summary: Darrell Chenault was convicted on 13 counts of lewd acts on a child under 14 years of age and sentenced to 75 years to life in prison. On appeal he contended that the trial court abused its discretion by allowing a support dog to be present during the testimony of two child witnesses without individualized showings of necessity, and that the presence of the dog was inherently prejudicial and violated his federal constitutional rights to a fair trial and to confront the witnesses against him. The appellate court concluded that a trial court has authority under Evidence Code section 765 to allow the presence of a therapy or support dog during a witness’s testimony.” The court did “not believe that the presence of a support dog is inherently more prejudicial than the presence of a support person,” citing the New York case of Tohom. Chinault argued that “individualized showings of necessity” should have been required for F. and C. before the support dog could be present in the courtroom. The appellate court concluded however that “a case-specific finding that an individual witness needs the presence of a support dog is not required by the federal Constitution,” for which Tohom was again cited. Based on the court's review of the record, the appellate court concluded that the trial court made implicit findings that the presence of Asta, the support dog, would assist or enable F. and C. to testify completely and truthfully without undue harassment or embarrassment. The court also took measures to reduce any possible prejudice to Chenault by setting forth logistics for the entry, positioning, and departure of the support dog, along with F. and C., during jury recesses so the dog was as unobtrusive and least disruptive as reasonably possible. The judgment was affirmed.

Summary: This state initiative measure was proposed in 1998 and prohibits trapping mammals classified as fur bearing (or non-game) with body gripping traps for recreation or commerce in fur. This includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps and common rat and mouse traps are not considered body-gripping traps. It passed with 57.5% of the vote.