102-Animal Disaster Annex.pdfANIMALS IN DISASTER ANNEX
The Santa Ohara County Operational Area Emergency Operations Plan, Animals in
Disaster Annex ,Revised March 17, ,7010 was originally written by Kelle Remmel,
Sitara Lones, arty M S. Rernmel Consulting Services for the Santa Clara County
Office of Emergency Servjcc It has been modified and adapted for use by the
City of Cupertino'si.4asteAnimal Shelter Planning Committee.
December 8, 2010
Table of Contents
I. INTRODUCTION..........................................................................................................3
A. Overview....................................................................................................................3
B. Purpose......................................................................................................................4
C. Goals and Objectives................................................................................................4
D. Organization and Scope...........................................................................................5
II. PLANNING AND PREPAREDNESS...........................................................................6
A. Assumptions.............................................................................................................6
B. Planning Guidance....................................................................................................6
III. TYPES OF ANIMALS.................................................................................................8
IV. KEY PLAYERS..........................................................................................................9
A. Santa Clara County Operational Area.....................................................................9
B. Cities/Townships and City/Township Emergency Operations Centers (EOCs) ..9
C. Local Animal Control Agencies, Shelters and Animal Hospitals ..........................9
D. American Red Cross...............................................................................................1 Q
V. RESOURCES.................-...........................................................................................11
A. DANR and CVMA.....................................................................................................11
B. Community -Based Organizations (CBOs)............................................................11
C. Suppliers and Vendors...........................................................................................12
D. Mobile Animal Shelter Trailers...............................................................................12
VI. RESPONSE STRATEGIES......................................................................................13
A. Concept of Operations............................................................................................13
B. Activation.................................................................................................................13
C. Protocols for Animal Shelters................................................................................13
1. Managing and Prioritizing Shelter Population and Evacuation .......................13
2. Shelter Setup.......................................................................................................15
3. Euthanasia Priorities...........................................................................................15
4. Utilization of Volunteers......................................................................................15
5. Periodic Review of Protocols ................................... Error! Bookmark not defined.
VII. DEMOBILIZATION..................................................................................................17
A. Shelter Procedures.................................................................................................17
B. Debriefing and After Action Report.......................................................................17
C. Critical Incident Stress Management.....................................................................18
Vlll. ATTACHMENTS....................................................................................................19
A. Shelter Forms..........................................................................................................19
B. Suggested Emergency Animal Shelter Locations................................................19
C. Sample Emergency Animal Shelter Guidelines....................................................19
D. Emergency Animal Shelter Procedures................................................................19
E. Animal Food Sources Checklist and Survey........................................................19
F. Animal Care Supplies Survey.................................................................................19
G. MOU Used by the City of Cupertino......................................................................19
H. Recommended Organizations for Cupertino MOUs.............................................19
1. Animal Transportation Resources..........................................................................19
J. Resources & Contacts List.....................................................................................19
K. Authorities and References..................................................................... 19
1. Hayden Bill (CA SB 1785)
2. PETS Act 2006, Public Law 109-308
3. Animal Services Agreement Between the City of San Jose and the City of
Cupertino (29 June 2004)
L. Bay Area Welfare Agencies.......................................................................
I. INTRODUCTION
A. OVERVIEW
California is susceptible to a wide array of disasters such as earthquakes, fires and
floods. Past disasters have shown that people delay or refuse to evacuate their homes
unless they can bring their pets and livestock with them. For many people, pets are
considered a member of the family. No one wants to leave animals behind, and when
asked to do so, many owners will risk their own lives and the lives of others to save their
animals. When people are unwilling to enter a shelter or refuse to evacuate during an
emergency they risk their own safety and place rescue workers at risk. Additionally, pet
and livestock owners are typically not prepared with specialized transport and holding
areas, which may be difficult or impossible to arrange during a sudden disaster.
The Pets Evacuation and Transportation Standards Act of 2006 (PETS) was a bi-
partisan initiative in the United States House of Representatives to require states
seeking Federal Emergency Management Agency (FEMA) assistance to accommodate
pets and service animals in their plans for evacuating residents facing disasters. The
State of California and its subordinate jurisdictions are subject to this Act enacted as
Public Law 109-308.
The Act requires that disaster preparedness strategies for pets and livestock safety
must be in place before a disaster occurs. Disaster preparedness for animal safety "
minimizes loss and suffering of animals, and reduces trauma to victims already suffering
from the disaster. State and local governments are increasingly realizing that planning
for the evacuation and sheltering of animals in any disaster is essential to the well-being
of all residents.
The Cupertino Animals in Disaster Annex is designed as an annex to the City of
Cupertino Emergency Operations Plan (EOP). The EOP provides an overview and
guidance for the care and sheltering of animals following a major disaster. This Annex
provides supplemental instructions regarding care and sheltering of animals for the City
of Cupertino.
The original county annex planning was done by the Santa Clara County Emergency
Managers Association Animals in Disaster Committee, a group representing public,
private and non-profit animal care agencies throughout the County. The Committee
provided guidance and resources for the development of the county level animal care
and sheltering plan.
The basis for the plan and its attachments is the animal shelter operations guidance
document developed by the Bay Area Super Urban Area Security Initiative (SUASI).
The document also represents animal disaster guidelines published by the California
Department of Food and Agriculture (CDFA) and the UC Davis Division of Agriculture
and Natural Resources (DANR).
B. PURPOSE
This Annex serves as an adjunct to the Santa Clara County Animals in Disaster Annex
and is designed to aid the City of Cupertino in preparing for animals before, during, and
after a disaster. This document outlines guidance for the care and sheltering of animals
throughout Cupertino in a major disaster.
The purpose of this Annex is to:
• Provide standardization of protocols and practices for sheltering animals in a disaster
within the City of Cupertino
• Provide direction for the overall coordination of resources for animal care within the
city's jurisdictional boundaries and sphere of influence
• Ensure the City planning for animal care is included within and consistent with the
Standardized Emergency Management System (SEMS) and the National Incident
Management System (NIMS)
• Identify key players and resources within Cupertino for sheltering animals in a disaster
C. GOALS AND OBJECTIVES
Overall Goals:
• Protect the health and safety of the community
• Provide for the temporary immediate care, control and safety of owned animals while
their owners are in shelters or responding to the disaster
• Provide a system for returning animals to their owners
• Support Santa Clara County's plans to provide for the temporary care of stray/lost or
displaced animals
• Minimize animal suffering, loss of life, and potential disability by ensuring a timely and
coordinated assistance process
• Provide for the care of any animals brought to human shelters, other evacuation sites
and ARKs (City Reporting Locations)
Objectives:
• Establish procedures for activating and deactivating this Annex
• Coordinate with the County to provide for the management of animal care and control
services, facilities, activities and resources in disaster response and recovery
D. ORGANIZATION AND SCOPE
This Cupertino Animals in Disaster (AiD) Annex is an annex of the City of Cupertino
Emergency Operations Plan and works in coordination with the Santa Clara County
Animals in Disaster Annex, which is an Annex to the County of Santa Clara Emergency
Operations Plan.
This Annex is applicable within the geographical boundaries of the City of Cupertino and
its sphere of influence. The AiD Annex references multiple county, regional, state, and
national organizations that may help to provide services or resources needed to meet
the needs of evacuating and sheltering animals during a disaster.
This Annex will be activated when a major situation or potential situation exists which
creates animal related problems that exceed the capabilities of the Anima! Services
Agreement Between the City of San Jose and the City of Cupertino, dated 29 June
2004; see Attachment E.
E. ANNEX REVIEW PROCESS
This Annex should be exercised whenever possible, and modified as necessary.
Attachments should be reviewed and updated at least annually.
PLANNING AND PREPAREDNESS
F. ASSUMPTIONS
In disasters, the first priority is the protection of human life, property, and the
environment. Historically, this has rarely included planning for the coordinated response
for the evacuation, care and sheltering of household pets. Based on previous
experiences with disaster and local planning efforts, the following planning assumptions
are made regarding animals in a disaster:
• Local resources within the City of Cupertino will be very limited the first few days
following a major disaster
• Many residents assume government resources will be available to rescue them and
their pets or livestock (hereafter jointly referred to as "animals") in an emergency
• Most animal owners do not make evacuation plans and have not stockpiled resources
and supplies to care for their animals
• Evacuation orders may not give information about taking animals away from affected
properties
• A percentage of animal owners will fail to evacuate because of concern for the welfare
of their animals
• Many animal owners will arrive at human care shelters with their household animals
• Some animal owners will leave their animals behind to fend for themselves
• Service animals will be allowed in human shelters
• All other animals will not be allowed in Red Cross shelters
• A large number of animals will need shelter, and will arrive without provisions
Many owners will be separated from their animals because of the disaster, and
animals will arrive at animal shelters without any medical history or other
documentation
• There will be an ever present danger of disease and contamination due to the
presence of undocumented animals
G. PLANNING GUIDANCE
As with all planning for disaster response, it is always more effective to plan prior to a
disaster and anticipate resource needs, operational plans, and coordination with other
response agencies. Disasters in California are managed locally and resources coming
into local jurisdictions from the county, state, and federal government will be
coordinated through the Santa Clara County Operational Area for all of its sixteen
jurisdictions. It is critical that local agencies work within their emergency response
systems, at a city level, and coordinate activities and resources through their local city
emergency management agency to provide for the best citywide coordination possible.
In this way, working within our emergency management system, the City of Cupertino
will be able to provide and care for the greatest number of animals possible after a
large-scale disaster.
Another overall planning concept for this Annex is the assumption that City of
Cupertino's field level temporary shelters will need to be established at a variety of
locations to meet the needs of sheltering animals in a disaster. Ideally, shelters will be
located next to Red Cross human shelters and other mass care shelters to allow people
to reside in shelters in close proximity to their pets. Co -locating animal shelters close to
human shelters is a guiding principle and a goal for animal shelter planning in
Cupertino.
The Red Cross has identified potential locations within the City of Cupertino that could
be used as temporary human shelters.
See Attachment B for a list of suggested temporary animal shelters.
II. TYPES OF ANIMALS
The California Animal Response Emergency System (CARES) defines "animals" as
"affected commercial livestock, companion animals, exhibition animals, captive wildlife,
and exotic pets". This definition is used for state level response activities. The Urban
Area Security Initiative (UASI) Animals Operations Guide recommends that dogs, cats,
rabbits, birds, reptiles, horses, livestock, exotic pets, captive wildlife and wildlife be
considered in disaster planning.
Service animals are defined by the American with Disabilities Act (ADA) as guide dogs,
signal dogs, and other animals trained to provide assistance to individuals with
disabilities and are exempt from restrictions with regards to facility and transportation
access.
For the purposes of the protocols outlined in this Annex, animals will be categorized by
the following species or types used in the Bay Area SUASI guide:
Dogs 13,146
Cats 14,830
Rabbits and other small mammals
Reptiles and amphibians
Domestic and exotic birds 2,038
Horses and other equine 1,310
Chickens and other domestic fowl
Livestock and other farm animals not included above (goats, pigs, cows, llamas, etc.)
Other exotic pets (including licensed or permitted wildlife)
Naturally occurring wildlife
The numbers of household pets in Cupertino, listed above, are according to 2010
estimates by the Association of Veterinary Medicine for communities with a
population of 52,000.
This Annex addresses only the first four (4) categories of animals. At this time, the City
of Cupertino is not equipped to deal with large livestock or wildlife. An exception may be
made for small livestock, such as those animals at McClelland Ranch Park and the farm
at Rancho San Antonio.
Cupertino residents who own horses should make arrangements in advance to have
horses trailered in case of an emergency. If a resident does not own a trailer or does
not have enough trailer space for all their horses, they should make arrangements with
other horse owners or organizations such as the Santa Clara County Horsemen's
Association or the Bay Area Equestrian Network to help evacuate their horses.
III. KEY PLAYERS
A. SANTA CLARA COUNTY OPERATIONAL AREA EMERGENCY OPERATIONS CENTER (EOC)
As the Operational Area (OA), the Santa Clara County Office of Emergency Services is
responsible for coordinating and brokering requests for emergency relief resources in
the county during a disaster. It is the primary point of contact for allocating these
resources among affected jurisdictions of Santa Clara County and requesting additional
resources from the state. The OA includes all the cities, towns and special districts
within the county. The Incident Command System (ICS) is used to manage overall
emergency response activities at all levels of coordination.
The Operational Area EOC will include an Animal Services Coordinator who is a
designated animal control officer for the County or other knowledgeable person trained
in disaster response, animal care and animal rescue.
B. CITIESITOWNSHIPS AND CITY/TOWNSHIP EMERGENCY OPERATIONS CENTERS (EOCS)
Local governments, including the City of Cupertino, are the first point of contact for
residents needing help or services in an emergency. Local governments may have
limited capacity or resources to meet the needs of evacuating and sheltering animals in
a disaster. The City contracts day-to-day animal control services with San Jose Animal
Services. There is no commercial animal shelter in Cupertino.
City of Cupertino staff may also help provide mutual aid services to other cities, such as
communications, animal care resources or volunteer coordination, to assist with
countywide response efforts as their local resources permit. Cupertino Community
Emergency Response Team members are trained to assist this process.
The American Red Cross (ARC) may have a liaison in the City's Emergency Operations
Center (EOC) and will provide coordination with other responding agencies. The ARC
will work with the City Animal Care and Shelter Unit Leader to co -locate animal shelters
with human shelters as much as possible to minimize the added stress of separating
pets from their owners.
C. LOCAL ANIMAL CONTROL AGENCIES, SHELTERS AND ANIMAL HOSPITALS
In Santa Clara County, there are a variety of government, non-profit and private animal
shelters and animal care facilities. Many of these groups participate in the county level
Animals in Disaster Committee.
❑. AMERICAN RED CROSS
The American Red Cross (ARC) provides shelter and mass care services to human
residents throughout Santa Clara County. The ARC partners with local government to
support their shelter responsibilities. Initially in a disaster, some human shelters in
Cupertino may be opened by the ARC and some may be opened by city staff and then
turned over to the ARC as additional resources at the ARC become available to help
with the local response.
IV. RESOURCES
A. DAN RAND CVMA
The University of California, Division of Agriculture and Natural Resources (DANR) and
the California Veterinary Medical Association (CVMA) provide guidelines for disaster
preparedness for the care and rescue of animals. They also operate local networks that
serve as preparedness and response resources to local OAs. The CVMA Disaster
Response Program consists of a network of veterinary professionals who are prepared
to provide veterinary care for rescue, evacuation, treatment and shelter of animals.
B. COMMUNITY -BASED ORGANIZATIONS (CBOS)
A list of organizations that offer services and resources for the protection and well-being
of animals are listed in Attachment J. The list includes descriptions and contact
information. A number of these organizations coordinate or operate volunteer networks
that may be available to assist local disaster efforts. The City of Cupertino will work with
these organizations as the nature of the emergency permits. The document also
includes blank spaces for additional local resources.
These organizations include:
• Cat Fanciers' Association — a nonprofit organization with a disaster network that will
assist communities set up auxiliary shelters for animals not allowed in human
shelters and assist with animal rescue efforts.
• Emergency Animal Rescue Service (EARS) — operated by the United Animal
Nations. Shelters and cares for animals displaced by disasters.
• HSUS Animal Rescue Team — operated by the Humane Society of the United
States. Responds to disasters and assists in animal rescue operations.
• Noah's Wish — an animal welfare organization dedicated exclusively to rescuing and
sheltering animals in disasters.
• Red Star Animal Emergency Services — operated by the American Humane Society
to help communities prepare for disasters and to assist in disaster response. This
includes assessing animal needs, caring for injured animals; reuniting animals with
family, ensuring animal shelters are co -located with human shelters, and distributing
pet food and supplies.
• UC Davis Veterinary Emergency Response Team — provides emergency animal
rescue services.
C. SUPPLIERS AND VENDORS
See the Lists of Local Suppliers and Vendors in Attachments E and F.
D. MOBILE ANIMAL SHELTER TRAILERS
The County OES has four mobile animal shelter trailers, stocked with emergency animal
shelter supplies, that may be deployed in support of local operations throughout the
county. The allocation and deployment of this resource will be determined by the county
and coordinated by the Operational Area.
V. RESPONSE STRATEGIES
A. CONCEPT OF OPERATIONS
The City of Cupertino recognizes the critical importance of coordinating animal
evacuation and shelter services during the response to an emergency or disaster. When
the EOC is activated, the Animal Care and Shelter function will be activated as
necessary in any emergency for the City itself, or in support of other local jurisdictions.
The Animal Care and Shelter Unit Leader will serve as the single point of contact on all
animal issues in the City's sphere of influence.
The City of Cupertino and its Animals Care and Shelter Unit Leader will employ one or
more of the following strategies in its response to meet the needs of animals and the
broader community in disaster:
• Coordinate resources within the city's sphere of influence
• Once resource needs cannot be met with resources within the City, coordinate
requests for resources outside of the city throughout the County Operational Area
• Assess the status of animal shelter and establishing locations needed for additional
shelter in coordination with the Care & Shelter Branch Supervisor in the EOC
• Coordinate the deployment of requested resources
• Determine and coordinate the need for veterinary services
• Work with the Public Information Officer (PIO) to disseminate information to the public
regarding the evacuation and care of animals
• Assist with identification of vendors for procurement of animal supplies with the
Logistics Section in the EOC (see Attachments E and F)
B. ACTIVATION
This Annex may be activated by any of the following representatives:
• City Manager or designee
• Operations Section of the EOC
• Animal Shelter Coordinator or Designee (City or County EOC).
• Office of Emergency Services (City)
C. PROTOCOLS FOR ANIMAL SHELTERS
1. Managing and Prioritizing Shelter Population and Evacuation
Animal shelters in the City of Cupertino will be established in accordance with protocols
and guidelines provided by the City of Cupertino Animals in Disaster Annex. Depending
on the damage, it may be necessary to evacuate animals to temporary shelters or other
interim locations, either within the City or outside its jurisdiction as emergency
conditions require. Animals should be moved (or removed) in an order that is in the best
interest of the animals, the public, and the shelter environment.
The following types of animals will be used to set the priorities for evacuating animals to
the City's temporary animal shelters:
1. Owned friendly dogs (non -aggressive dogs with known owners)
2. Owned friendly cats (non -aggressive cats with known owners).
3. Owned animals in the veterinary clinic. Animals currently in surgery or pre- or
post- operative care have the highest priority.
4. Stray friendly dogs (healthy dogs that are on stray hold and may be claimed by the
owner)
5. Stray friendly cats (healthy cats that are on stray hold and may be claimed by the
owner)
6. Injured friendly animals (injured animals that are on stray hold and may be claimed
by that owner)
7. Aggressive dogs and cats. These animals should be handled with care and only
by trained personnel.
8. Sick dogs and cats. These animals should be confined to an area separated from
other evacuated animals when possible.
9. Other species of domestic animals, including small domestic animals such as
rabbits, other pet rodents, reptiles, and amphibians.
10. Horses Horse owners are encouraged to make arrangements with Horseman's
Associations to assist with evacuation
11. Illegal pets Pets that are illegal in California, such as ferrets, should be the last of
the domestic animals to be sheltered.
2. Shelter Setup
After the decision to activate a temporary animal shelter has been made by the Director
of Emergency Services, the location is selected by the Care and Shelter Branch
Supervisor and the Animal Care and Shelter Unit Leader. They should then work
together to staff the shelter, supply it adequately, and notify the public and media that it
is available. The shelter Safety Officer should inspect the facility and its grounds for
safety issues. The Cupertino Animal Care and Shelter Unit Leader should make
assignments, or delegate to someone at the shelter site, to staff the site, create staffing
schedules, obtain the appropriate forms, and create a task list for setting up the shelter.
Guidelines in Attachment D address these shelter operations:
• Animal Admission
• Facility Safety and Security
• Animal Care
• Cleaning
• Feeding
• Animal Transportation
• Animal Documentation Guidelines
3. Euthanasia Priorities
If animals are arriving at a shelter faster than they can be transferred to other facilities,
some animals may need to be euthanized. A priority list should be established, based
on the Hayden Bill (CA SB 1785, effective July 1, 1999), Attachment Animals should
always be scanned for a microchip before being euthanized. The decision to euthanize
must be managed by the County or by a local veterinarian.
4. Utilization of Volunteers
Animals in disaster usually bring forth an outpouring of volunteers who want to help.
Dealing with animals, particularly in stressful or chaotic situations such as disasters,
requires special skills. Volunteers who handle animals need to have experience or
training in this area. Several national, state, and local groups offer training programs. If
volunteers are going to be handling or working directly with animals, it is recommended
that they are pre -trained or pre -affiliated with a credible organization.
Volunteers should be trained ahead of time on:
• The ICS System
• Animal handling techniques
• Cardio-pulmonary resuscitation (CPR) certified and first —aid certified for pets
• Disease Control
• Care and Feeding Instructions
• Customer Service
• Critical Incident Stress Training
If unqualified or undocumented volunteers arrive at a shelter and cannot be utilized,
they should be directed to the nearest Emergency Volunteer Center (EVC). The EVC
will provide intake and referral to deploy the volunteer to another organization.
Additionally, if more volunteers are needed, they can be requested from the local EVC
through the Logistics Section of the City EOC.
Cupertino residents who want to volunteer with an animal shelter should send an e-mail
message to cupertinoanimalvolunteers@gmailcom.
VI. DEMOBILIZATION
When the Cupertino EOC Animal Care and Shelter Unit Leader has notified the EOC
Care and Shelter Branch Coordinator that a temporary animal shelter should be
deactivated, a number of key activities are required and are described below. The
process of demobilization is continually evaluated to reduce costs and minimize staffing
impacts.
A. SHELTER PROCEDURES
Guidelines in Attachment D address the following demobilization activities:
• Shelter closures
• Redistribution of supplies
• Removal and disposal of animal carcasses
• Unclaimed animals
• Final data collection
B. DEBRIEFING AND AFTER ACTION REPORT
After all animals have been returned to owners, transferred to a shelter, or transported,
and all emergency areas have been closed, it is important for key staff, volunteers, and
personnel from all EOC departments to meet for a debriefing on the incident response.
The following may be discussed:
• What was achieved?
• What went well?
• What went wrong?
• Were any innovations implemented?
• What changes need to be made to the plans?
• Were supplies sufficient?
• What job descriptions need to be altered?
C. CRITICAL INCIDENT STRESS MANAGEMENT
Caring for humans and animals during a disaster can be stressful. Animals, particularly,
may be distressed and/or difficult to control, injured, ill, die from injuries, or need to be
euthanized, all of which can take a toll on animal shelter staff and volunteers. In
addition, working under disaster -created conditions may be stressful for many. All
anima[ shelter workers will be offered the opportunity to participate in the critical incident
stress management sessions and processes provided for all City workers and
volunteers either during the disaster or following demobilization.
VI I. ATTACHMENTS
A. SHELTER FORMS
CUP01 Animal Intake and Release Form [corresponds to SCC Forms Al, 18 & 19]
CUP02 Emergency Release Form [corresponds to SCC Form A2]
CUP03 A# and P# List [corresponds to SCC Form A16]
CUP04 Lost Pet/Rescue Request Form [corresponds to SCC Form A31
CUP05 Rescue Release Form [corresponds to SCC Form A4]
CUP06 Animal Care Daily Log [corresponds to SCC Form A5]
CUP07 Medication Log [corresponds to SCC Form A6]
CUP08 Behavior Log [corresponds to SCC Form A71
CUP09 Animal Count Log [corresponds to SCC Form A8]
CUP10 Pre -Transport Release Form [corresponds to SCC Form A11]
CUP11 Veterinary Care Agreement [if used; same as SCC Form A17]
CUP12 Volunteer Position Descriptions [corresponds to SCC Form A13]
CUP13 Job Assignment List [corresponds to SCC Form A121
CUP14 Supply and Equipment List [corresponds to SCC Form A15]
CUP15 Cupertino ICS 211 B-1 Check -In List [for volunteers]
B. SUGGESTED EMERGENCY ANIMAL SHELTER LOCATIONS
C. SAMPLE EMERGENCY ANIMAL SHELTER GUIDELINES
D. EMERGENCY ANIMAL SHELTER PROCEDURES
E. ANIMAL FOOD SOURCES CHECKLIST AND SURVEY
F. ANIMAL CARE SUPPLIES SURVEY
G. MOU USED BY THE CITY OF CUPERTINO
H. RECOMMENDED ORGANIZATIONS FOR CUPERTINO MOOS
I. ANIMAL TRANSPORTATION RESOURCES
J. RESOURCES & CONTACTS LIST
K. AUTHORITIES AND REFERENCES
A#: P#:
Intake Date
Entered by
Attachment A - Shelter Form
CUP01-1: Animal Intake/Release Form
(Place Picture of Animal with
Owner/Finder and Photo ID
Whiteboard Here at Intake)
Has this animal bitten in the last 10 days?
❑ No ❑ Yes, a human ❑ Yes, another animal
Date Species Date
Has this animal previously bitten or displayed any aggression toward people or animals?
❑ No ❑ Yes. Explain
List any other individual with authority to make all decisions regarding animal care (including veterinary care):
Name
Phone number
Owner request: ❑ Temporary housing ❑ Surrender ❑ Euthanasia
Owner signature:
Note: Require finder identification (OrgBadge # or California Identification [LAID] # if possible):
Animal found by: ❑ Animal Control Officer
❑ Other shelter staff / volunteer
❑ Private citizen Can identify owner: ❑ Yes ❑ No
Finder's Name / CAID
Finder's Address
Location found:
City
Finder or volunteer is
❑ interested in adoption or
providing foster care
Phone number
State Zip
Address or intersection City State Zip
Method of intake: ❑ In field ❑ Over the counter ❑ Night drop
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A#: P#:
Attachment A - Shelter Form
CUP01-2: Animal Intake/Release Form
3
❑ Male ❑ Neutered ❑ Female ❑ Spayed ❑ In heat
Attached or permanent Identifications
n
■E
n
Vaccinations: Leave boxes unchecked unless documentation is provided or verified by competent authority.
❑ Rabies date or rabies tag number
❑ DistempedParvo (canine) ❑ FeLVI CCVRP (feline)
❑ Bordetella date ❑ Horse ❑ Chicken
❑ Other #1 ❑ Other #2 ❑ Other #3
❑ Dewormer date ❑ External parasite control date
Special Needs
❑ Allergies/special diet required/provided by owner
❑ Known medical condition(s)
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#1 ❑
#2 ❑
#3 ❑
#4 ❑ II
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A#: P#:
Release Date
Time
The animal described above has been released from care at the Field Shelter
and will be transferred and cared for by the owner or other responsible party
named below.
❑ THE UNDERSIGNED OWNER OR RECEIVING PARTY HEREBY
ACKNOWLEDGES RECEIPT OF THE ABOVE DESCRIBED ANIMAL AND
AGREES TO PROVIDE HUMANE CARE, ADEQUATE SHELTER, AND FOOD
TO THIS ANIMAL AND AGREES TO HOLD HARMLESS ALL PERSONS,
ORGANIZATIONS, OR GOVERNMENT AGENCIES INVOLVED IN THE
RESCUE, CARE, AND SHELTERING OF THIS ANIMAL.
❑ THE UNDERSIGNED AGENT OF SAN JOSE ANIMAL CONTROL HEREBY
ACKNOWLEDGES RECEIPT OF THE ABOVE DESCRIBED ANIMAL AND
AGREES THAT THE AGENCY IS RESPONSIBLE FOR PROVIDING HUMANE
CARE, ADEQUATE SHELTER, AND FOOD FOR A PERIOD NOT TO EXCEED
30 DAYS. IF THE OWNER IS UNABLE TO RECLAIM THIS AINIMAL BEFORE
THE EXPIRATION OF THIS PERIOD, THE ANIMAL WILL BE MADE
GENERALLY AVAILABLE FOR ADOPTION TO OTHER PRIVATE PARTIES IN
ACCORDANCE WITH ESTABLISHED AGENCY GUIDELINES FOR
ORPHANED ANIMALS IN THEIR CARE.
Address to which the animal is being released
Contact telephone number(s)
Owner/receiver signature
Owner/receiver name (print)
San Jose Animal Control Officer signature
San Jose Animal Control Officer name (print)
Organization/badge or CAID # (required) _
Witness/releasing agent signature
Witness/releasing agent name (print)_
Organization/badge or CAID # (required)
This form should be completed in duplicate:
Attachment A - Shelter Form
CUP01-3: Animal Intake/Release Form
Entered by
Copy to 0 Owner/receiver 0 San Jose Animal Control 0 Emergency Animal Shelter
(Place Picture of Animal with
Owner/Receiver and Photo ID
Whiteboard Here at Release)
Date
Date
Date
A#: P#:
Attachment A - Shelter Form
CUP02: Emergency Release Form
The undersigned owner(s) (agent) of the animal described above hereby request the emergency quartering of the
animal being evacuated because of a pending or occurring disaster and agree to the following:
❑ llthe animal's owners hereby release the person or entity who is receiving the animal thereinafter "animal
caregivers") from any and all liability regarding the care and quartering of the animal during and following this
emergency.
❑ Ilthe animal's owners acknowledge that if emergency conditions pose a threat to the safety of the animal,
additional relocation may be necessary, and this release is intended to extend to such relocation.
❑ Ilthe animal's owners understand that this boarding agreement is temporary and agree to find alternate housing for
the animal as soon as possible.
❑ Ilthe animal's owners agree to claim the animal or to make arrangements for it at the close of the shelter. If
arrangements have not been made by the time the shelter closes, the owner will be notified of the animal's
relocation to a permanent animal shelter.
❑ Ilthe animal's owners acknowledge that the risk of disease, injury or death to the animal during an emergency
cannot be eliminated, and agree to be responsible for any reasonable veterinary expenses which may be incurred
in the treatment of the animal.
If the animal becomes ill, the animal caregiver will provide emergency triage veterinary care regarding the animal's
symptoms, treatment options, and estimate of costs. In the event the emergency proves serious enough to require
transport to a veterinary hospital, please indicate below your wishes should the animal require further treatment:
❑ Please perform whatever services the doctor deems necessary for the best care of the animal until I can be
reached. This includes only non -elective treatments and necessary diagnostic tests.
❑ Please do not administer any medical treatment until specific authorization is given unless the shelter is
unable to reach me in a timely fashion. In such a case, I do authorize the shelter to treat or manage my
animals as judged appropriate by medical staff as dictated by medical necessity.
❑ 1 authorize up to $ or
Printed name of animal owner /CAID #
Address of animal's owner
I am unable to provide monetary support.
Signature of animal owner
Date
Home phone (including area code) Cell other contact telephone
Place of employment Work phone
Shelter address to which owner (agent) plans to evacuate during emergency
The animal's owner is responsible for keeping the animal caregivers informed of where the owner can be
contacted during the emergency. If you stay in a shelter, please advise the shelter supervisor that you are an
animal owner and the shelter where the animal was placed. If you transfer, ask them to let the animal shelter
know your new location.
w: Wt as errali n fir_
rW A��mnlswkistera��n- R+i~v�el�Itt)11!�
Attachment A - Shelter Form
Shelter ID: CUP03: A#/P# List
2.
3.
5.
i
10.
Page of
A#: P#:
Attachment A - Shelter Form
CUP04-1: Lost Pet 1 Rescue Form
Notes:
List the names & ohone numbers for other individuals authorized to make decisions reaardina care (lncludina veterinary care):
_N IM0 ll A IN a Ier;in� al vntact _.T,.
? ! ivuink wHE
_a
��..._: ._..,.....�___
Phone'umbe
Rescue Information
This Animal is: ❑ Indoor Only ❑ Outdoor Only ❑ Indoor and Outdoor
Please list other agencies notified of missing animal for coordination of search activities
A#: P#:
Attachment A - Shelter Form
CUP04-2: Lost Pet / Rescue Form
Access Information
Restricted disaster area?
❑ Yes
❑ No Key Provided? ❑ Yes ❑ No
Combination Provided?
❑ Yes
❑ No Number
Access Code Provided?
❑ Yes
❑ No Number
Permission to break in?
❑ Yes
❑ No
Which door or window?
Animal
❑ Male
❑ Neutered
❑ Female
❑ Spayed
❑ In heat
Ears
❑ Erect/pricked ❑ Drop/flop
❑ Folded
❑ Cropped
❑ Other
Tail
❑ Long ❑ Short
❑ Docked/Bobbed
❑ Curled
❑ Other
Collar/Harness
Color/ Material
❑ Chain
❑ Prong
❑ Other
Identification
❑ ld�ntFfic��or� �g� �T
A��'�g ri��tt���
❑ IVl�crpchip. .. _ _. . �._ ....
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E
❑ E T�vumac...,.
❑ a��r ww•�v:�:<
in�ormahan
Special Needs
Temperment: ❑ Shy ❑ Aggressive when scared ❑ Territorial aggression
❑ Painful body parts
0 Known illness or medication needs
A#: P#:
I have authorized
Address
City
Attachment A - Shelter Form
CUPO5: Rescue Release Form
(known hereafter as "The Agency") to enter into my property at:
State Zip
to search for and retrieve my pet(s). I hereby release and hold The Agency and its employees and designated volunteers free
and harmless from any injury or damage that may occur to real or personal property resulting from such entry.
I — do/ — do not grant permission for an animal rescue team to break in to my home in order to retrieve my animals if
required. I request that the rescue team to advise the police or sheriff if such measures were necessary to rescue my animals.
I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENT
Printed name 1 CAID# of animal owner Signature of animal owner
Printed name/ CAI # of witness
Signature of witness
Date
Date
The animal owner is responsible for keeping the animal caregivers informed of where the animal
owner can be contacted during the emergency — please advise the shelter supervisor that you are
an animal owner and the shelter where the animal was placed. If you transfer, ask him to let the
animal shelter know your new location.
Attachment A - Shelter Form
A#: P#:
Name animal responds to
Other M/F.
Special diet
Special needs/additional notes:
CtT06: Animal Care Daily Log
Date arrived Dog Cat
SIN Breed Color
NMI
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IN=
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is
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CiiliepoalreaD An3maLanDs%rnne..:esed �000
P#:
Attachment A - Shelter Form
CUP07-1: Medication Log
#1
11
#2
1:1
#3
0
Medication
Date
AM Staff Initials
Mid -day I Staff Initials
PM I Staff Initials
..........
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A#: P#:
Observations / Notes:
Attachment A - Shelter Form
CUP07-2: Medication Log
�it� �up�rt��ta�, 4p�r�tic►�at area Rfl,P An�mal� in visas#�r a�inn�ac Reya�ec� 0�ii
A#: P#:
Attachment A - Shelter Form
CUP08: Behavior Log
Date & Time Behavior Observed
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Attachment A w Shelter Form
Shelter ID: CUP09: Animal Count Log
Date:
Species
Dogs
Rabbits
Ratslmice
Small mammals
Other
Lizards
Frogslturtles
Fish
Donkeys/
burroslmules
Cattle
Goats
Emulostrich
Fowl other
[oil,T. ,
AM Afternoon
Changes Changes
Previous AM Midday Midday _ PM PM
Count Count
Expected Count Expected Count
A#: P#:
Name (animal responds to)
Animal's description (include IDs)
Animal's condition
Medical Treatment Required
Medications sent with anima
Transported by (orglpersonlCAID #)
Transported to (org 1 address)
Reason/Notes.
Approved for transport:
Signature of Animal Care Supervisor
Animal Care Supervisor's printed name/LAID#
Attachment A — Shelter Forms
CUP10: Pre -Transport Release Form
DatelTime
`�� ��.: � of Cn erfin � eratic►n� area �nI' �-
Attachment A - Shelter Form
A#: P#:
Name (animal responds to)
Animal description
Medical Treatment Required
Veterinary diagnosis/comments:
Printed name of attending veterinarian
CUM: Veterinary Care Agreement
Signature of attending veterinarian
Date
Acknowledgement:
The undersigned owner/receiver of the animal described above agrees to seek veterinary care for this animal within
days of today's date. - (date)
Printed name of animal ownerlCAID #
Address of animal owner
Home phone (include area code)
Place of employment
Signature of animal owner
Cell
Pager
Date
Work phone (include area code)
tarper>Exnoperainnai areal AititaIsnDisa$r xn eed,�Q�144„
Attachment A — Shelter Forms
CUP12-1: Volunteer Position Descriptions
Site Manager Checklist
MISSION: Safely manage shelter site, personnel and animal services.
REPORTS TO: Animal Services Manager
SUPERVISES: Operations Group Leader, Logistics
QUALIFICATIONS: Animal Services Officer, Animal Care Attendant, ICS, Staff Management,
Communications Radio/Telephone
DOCUMENTATION REQUIRED: - ICS 211B Check in list
- ICS 214 Unit Log
- Material Request Form
- Communications Log
- Debrief Form
- Briefing Form
- Demobilize Checklist
DUTIES CHECKLIST:
• Report to Animal Services Manager for briefing.
• Report to site and set-up shelter
• Notify Animal Services Manager when set-up is complete
• Attend daily briefings
• Conduct daily briefings
• Intervene when necessary to ensure safety of team members and animals
• Demobilize:
- Stand down shelter
- Replenish materials
- Debrief staff and report to Animal Services Manager
SHELTER SUPPLIES
- Mobil Shelter Trailer
-C Operational A i umals �n 1i astur Aerie ......
Attachment A — Shelter Forms
CUP12-2: Volunteer Position Descriptions
I
Operations Group Leader Checklist
MISSION: Oversee the safe operations of Animal Intake/Release and Animal Care
Operations.
REPORTS TO: Site Manager
SUPERVISES: Tracking Coordinator, Animal Care Coordinator
QUALIFICATIONS: Animal Services Officer, Animal Care Attendant, ICS, Staff Management,
Communications Radio/Telephone
DOCUMENTATION REQUIRED: - ICS 211B Check in list
- ICS 214 Unit Log
- Material Request Form
- Communications Log
- Debrief Form
- Briefing Form
- Demobilize Checklist
DUTIES CHECKLIST:
• Report to Site Manager for briefing.
• Attend daily briefings
• Conduct daily briefings
• Intervene when necessary to ensure safety of team members and animals
• Demobilize:
- Stand down shelter
- Replenish materials
- Debrief staff and report to Site Manager
SHELTER SUPPLIES
- Mobil Shelter Trailer
- Documentation Package
_�.T: SCC �p+er�a�i�n� � 1•�.0�' t��maTs tnl�ysnster ,z��nn�:x � � � ,._
Attachment A — Shelter Forms
CUP12-3: Volunteer Position Descriptions
Tracking Coordinator Checklist
MISSION: Document the Intake/Release of animals at the shelter.
REPORTS TO: Operations Group Leader
SUPERVISES: Volunteers
QUALIFICATIONS: Animal Services Officer, Animal Care Attendant, ICS, Volunteer
Management
DOCUMENTATION REQUIRED: - ICS 211B Check in list
- ICS 214 Unit Log
- Material Request Form
- Animal Intake/Release Form
- Debrief Form
- Briefing Form
- Demobilize Checklist
DUTIES CHECKLIST:
• Report to Operations Group Leader for briefing.
• Set-up area table-, files etc
• Attend daily briefings
• Conduct daily briefings
• Request materials/ Receive materials
• Staff area
• Intervene when necessary to ensure safety of team members and
Animals
• Demobilize:
- Stand down shelter
- Replenish materials
- Debrief staff and report to Site Manager
SHELTER SUPPLIES
- Mobil Shelter Trailer
- Documentation Package
- Table
- Chair
- File
Attachment A — Shelter Forms
CUP12-4: Volunteer Position Descriptions
- Camera, film
ACC Cprai�alrPs m Drster Annex
Attachment A — Shelter Forms
CUP12-5: Volunteer Position Descriptions
Animal Care Coordinator Checklist
MISSION: Safely shelter, feed, clean, monitor animal needs and supervise volunteers.
REPORTS TO: Operations Group Leader
SUPERVISES: Volunteers
QUALIFICATIONS: Animal Services Officer, Animal Care Attendant, ICS, Volunteer
Management
DOCUMENTATION REQUIRED: - ICS 211B Check in list-
- ICS 214 Unit Log
- Material Request Form
- Animal Record Form
- Debrief Form
- Briefing Form
- Demobilize Checklist
DUTIES CHECKLIST:
• Report to Operations Group Leader for briefing.
• Set-up shelter area cages, tents, etc.
• Attend daily briefings
• Conduct daily briefings
• Request materials/ Receive materials
• Staff area
• Intervene when necessary to ensure safety of team members and
Animals
• Demobilize:
- Stand down shelter
- Replenish materials
- Debrief staff and report to Site Manager
SHELTER SUPPLIES
- Mobil Shelter Trailer
- Documentation Package
Attachment A — Shelter Forms
CUP12-6: Volunteer Position Descriptions
4
Shelter Operations Coordinator
The Animal Care Coordinator will supervise the operation of the temporary animal shelter
including construction and break down. General duties are as follows:
Supervises and coordinates all services under the shelter department such as receiving,
redemption, animal care, emergency veterinary services, and transportation
Evaluates supplies on hand and order as needed
Documents all actions on ICS forms
Ensures all files are maintained
Briefs Operations Section Chief and Planning Section Chief as needed
Facilities Coordinator
The Facilities coordinator is responsible for the building and maintaining of any temporary
shelters. General duties are as follows:
Supervises all maintenance personnel such as janitors, handymen, telephone, or Information
Technology coordinators
Ensures that maintenance issues are handled in a timely manner
Reports any safety issues to the Safety Liaison
Communicates with the shelter operations coordinator
Procurement Coordinator
The Procurement Coordinator is responsible for purchasing necessary equipment and supplies as
requested by the Logistics Section. General duties are as follows:
Documents all purchases during and after a disaster
Prepares appropriate paperwork
Ensures purchased items are received and properly routed to supply coordinator
Foster Care Coordinator
The Foster Care Coordinator is responsible for arranging for the care of animals in foster homes.
General duties are as follows:
Maintains a list of all foster care volunteers
Evaluates potential foster care volunteers
Maintains foster care applications and agreements
Documents and maintains all information about animals place in foster care
Checks in with foster parents regularly
Coordinates medical issues that may arise with veterinary services liaison
Coordinates transport of animals to foster homes
Attachment A — Shelter Forms
CUP12-7: Volunteer Position Descriptions
Ensures foster animals are receiving proper care
Volunteer Coordinator
The Volunteer Coordinator is responsible for coordinating all volunteer efforts. General duties
are as follows:
Keeps an updated list of available volunteers
Checks volunteers in and out
Ensures volunteer waivers and agreement are signed and on file
Makes volunteer personnel assigrnnents
Provides training where necessary
Attends briefing and report actions
Monitors volunteers activities
Intake Coordinator
The Intake Coordinator is responsible for all activities relating to the intake of animals at the
temporary shelter. General duties are as follows:
Coordinates the receiving of all animals
Ensures paperwork is available at intake stations
Ensures all necessary supplies (e.g., collars, leashes, identification tags) are available at
stations
Ensures staff complete and file paperwork
Ensures information is properly routed to Public Information Liaison
Ensures all staff and volunteers are performing their duties in a safe manner
Briefs staff and volunteers as needed
Information System Coordinator
The Information System Coordinator is responsible for installing and maintaining all telephone
and computer services at the temporary shelter. General duties are as follows:
Installs telephone system or communication protocols
Installs computers and networks
Ensures staff and volunteers are trained in data entry and computer systems
Ensures printers are available and working
Responds to issues in a timely manner
Veterinary Services Liaison
The Veterinary Services Liaison will supervise the veterinary response to any disaster. General
duties are as follows:
Ensures animals are receiving medical attention as needed
Ensures veterinary staff are performing their duties in a safe manner
Attachment A — Shelter Forms
CUP12-8: Volunteer Position Descriptions
Ensures all staff and volunteers are trained
Creates the process for medical rounds
Ensures all medical records. are documented completely and properly maintained
Ensures drugs and other medical supplies are properly secured
Veterinarian
The veterinarian is responsible for ensuring all animals are examined and treated appropriately.
General duties are as follows:
Triages and treats injured and sick animals
Examines incoming animals
Examines animals ready to be transported
Prepares necessary medical documentation for transport
Documents and maintains medical records for all activities
Humanely euthanizes animals as directed by the Shelter Operations Coordinator
Prescribes necessary medication
Follows up with all animals being treated
Talks with owners as necessary
Veterinary Technician
The veterinary technician is responsible for assisting the veterinarians. General duties are as
follows:
Assists the veterinarian during exams
Administers first aid as needed
Prepares documentation and supplies for the veterinarian as needed
Shelter Greeter
The shelter greeter is responsible for ensuring all members of the public are welcomed and know
where to go and what to do. General duties are as follows:
Maintains an awareness of all activities in the shelter
Helps emotional people as they arrive
Directs people to appropriate areas in the shelter
Dog Animal Handier
The dog handler is responsible for feeding, watering, walking and exercising the dogs as well as
moving them to other areas in the shelter. General duties are as follows:
Takes dogs out of the kennel safely
Walks dogs using appropriate equipment (leashes, collars)
Takes housebroken dogs on bathroom breaks
Calms dogs that are nervous or afraid
Attachment A — Shelter Forms E
CUP12-9: Volunteer Position Descriptions
Ensures that kennels have appropriate water, food, bedding, and enrichment items
Exercises dogs as allowed
Carries puppies to prevent health problems
Moves dogs as directed by intake coordinator or veterinary services liaison
Proper secures dogs after handling
Cat Animal Handler
The cat handler is responsible socializing, feeding, and watering the cats as well as moving them
to other areas in the shelter. General duties are as follows:
Puts cats in carriers safely
Moves cats to cages safely
Ensures that kennels have water, litter, and appropriate food
Calms cats that are nervous or afraid
Socializes and pets cats as allowed
Ensures that kittens receive appropriate care as needed
Moves cats as directed by intake coordinator or veterinary services liaison
Amateur Radio Operator
The responsibilities of the radio operator are to install and maintain an amateur radio system at
the temporary shelter. This position is needed only before a phone system is installed. General
duties are as follows:
Installs, maintains and operates an amateur radio system
Relays all emergency information to the Information Systems Coordinator
Documents all information obtained through the radio
Maintains appropriate files
Webmaster
The webmaster is to create, maintain and update the website. General duties areas follows:
Updates website daily or as needed
Provides a daily (at least) news bulletin on what is happening at the shelter
Provides contact information for the shelter
Provides information for potential donors
Provides information for potential volunteers
Uploads photos of any pets brought in by someone other than their owners, to aid owners in
locating them
:_,SAC flpe t al area "Op1�uwrars in raster annex .. .
Attachment A — Shelter Forms
CUP13: Job Assignment List
This form should be completed after the Incident Commander has established the incident
objective and mission. Multiple individuals may be needed in many of these positions. In smaller
communities, positions may need to be consolidated with multiple responsibilities for each one.
This form may be used as a starting point.
Position I Person I Cell Phone
Incident Commander
Commander Center Coordinator
Public Information Officer
Safety Officer
Liaison Officer
Planning Section Chief
Logistics Section Chief
Operations Section Chief
Shelter Operations Coordinator
Facilities Coordinator
Procurement Coordinator
Foster Care Coordinator
Volunteer Coordinator
Intake Coordinator
Information System Coordinator
Veterinary Services Liaison
Veterinarian
Veterinary Technician
Shelter Greeter
Shelter Intake
Dog Animal Handler
Cat Animal Handler
Amateur Radio Operator
Webmaster
ACCp rational A ram' 4P _ A>n�mals �n D�sasxer Anne - n W rtW;=
Attachment A — Shelter Forms
CUP14-1: SuppIy and Equipment List
Structural items
Awning tents
Tents with roll -up sides
Plastic tarps
Portable fencing as necessary
Electrical items (if no electrical power source available)
Generator
Gasoline
Gasoline can
Extension cords (outdoor approved)
Water items (dependent on whether there is water onsite)
50-gallon plastic drums
Buckets
Hoses
Nozzles
Siphon
Tub (to wash bowls)
Water buffalo (water tank), if necessary
Lighting items
Batteries
Drop lights
Flashlights
Lanterns
Light bulbs
Extension cords (outdoor approved)
Temperature -control items
Hot temperature
Fans
Ice
Ice chest/small refrigerator
Mister
Spray bottles (2 on hand)
Water bottles
Zip lock bags
S �1per�iba� Ares E�� Animals.�n 1��ter A ' _ _
Attachment A — Shelter Forms
CUP14-2: Supply and Equipment List
Cold temperature
Blankets (1 medium box of crate pads and blankets on hand)
Dog beds (4 small and 1 medium on hand)
Heaters
Heating pads
Propane heaters
Tarps (2 8'x10' on hand)
Safety items
Exit signs
Fire extinguishers
First -aid books and kits (human and animal)
Smoke detectors
Sanitation items (animals)
Bleach
Bleach bucket
Cleaning bucket with wringer and mop (on hand)
Body bags (dead animals)
Broom
Disinfectant cleaner (1 32 oz. bottle and a partial tub of assorted cleaning supplies on hand)
Disposable cleaning gloves (one package of 10 on hand)
Disposable surgical gloves
Dust pan
Fly strips
Cloth towels (3 plastic tubs on hand)
Paper towels
Small plastic bags
Heavy-duty garbage bags
Garbage cans
Pooper scooper
Hayfork, if needed
Litter (b 1 lbs. on hand)
Shavings
Litter boxes (4 and 4 9 "x 11 " foil baking pans on hand)
Shovel
Litter scoop
Straw
Attachment A — Shelter Forms
CUP14-3: Supply and Equipment List
Muck bucket
Shop vac
Sanitation items (people)
Bleach
Hand soap
Bleach tray (step in to disinfect shoes)
Hand sanitizer (50wipes, 2 2 oz. bottles and 2 plastic packs on hand)
Confinement items
Metal crates (various sizes)
Airline crates (various sizes) (5 small and 2 medium on hand)
Cable ties (to secure chain link panels)
Cat restraint bags
Chain link panels
Slip leads (to walk dogs)
Muzzles
Halters
Lead rope
Screw stakes
Collars, leashes and dog harnesses (13 of various sizes on hand)
Wooden pallets (to keep animals off wet surfaces)
Food and water items
Bottle brush
Bottle warmer
Can opener
Feed buckets
Food
Food bowls (disposable if possible) (9 assorted plastic bowls on hand))
Food scoops
Nursing bottles and nipples
Nursing formula
Plastic spoons
Scrub brush
Water
Water dishes (3 and 10 styrofoam soup bowls on hand)
SC.bpratinpaia EPr-..utmals rn.lster nek.e .e..
Attachment A — Shelter Forms
CUP14-4: Supply and Equipment List
Grooming items
Brushes
Buckets
Cat bath
Clippers (1 tick clipper on hand)
Communication
2-way walkie-talkies
HAM radios
CB radios
Battery operated am/fm radio
Cell phones
Identification
Polaroid cameras
Polaroid camera film
3 x 5 cards
Clear plastic sleeves (to insert pet info for kennel) (about 20 on hand)
Pens (5 red, blue and black on hand)
Pencils
Permanent markers (6 on hand)
Intake paperwork
General Supplies
Binder clips (1 box of 18 small clips & 1 baggie with 2 medium and 2 large clips on hand)
File folder envelope (1 on hand)
Manila file folders (12 tabbed on hand)
Paper clips, plastic coated (1 box of 150 on hand)
Stapler (1 with small box of standard staples on hand)
Steno pad (1 on hand)
Duct tape 2" wide (1 roll on hand)
Masking tape 1 " wide (1 roll on hand)
Scotch tape (1 package of three rolls on hand)
Plastic ties (1 package on hand)
Polypropylene rope (1 roll 3/8" x 50' on hand)
Storage box, 40 cu. ft. (1 on hand)
Medical supplies (triage)
Please consult the veterinarian for this list.
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Attachment B-1
Suggested Animal Shelter Locations
Suggested Locations for an Emergency Animal Shelter
People who must evacuate their homes in the event of an emergency are usually reluctant to
leave without their pets, but they are willing to go to shelters that either have emergency
animal shelters close by or allow pets in the human shelters.
The Red Cross has identified eight (8) potential locations within the City of Cupertino that
could be used as temporary human shelters. It is recommended that an emergency animal
shelter be placed on the grounds of or adjacent to the selected site for the Red Cross shelter:
1. Hyde Junior High School,19325 Bollinger Road
2. Kennedy Junior High School, 821 Bubb Road
3. Lawson Middle School,10401 Vista Drive
4. Cupertino High School,10100 Finch Avenue
5. Homestead High School, 21370 Homestead Road
6. Monta Vista High School, 21840 McClellan Road
7. Quinlan Community Center,10185 Stelling Road
8. First Baptist Church of Cupertino,10505 Miller Avenue
The emergency animal shelter requires enclosed open space, sunlight, and freely circulating
fresh air to promote the well being of the animals and to mitigate communicable airborne
diseases among the animals. The schools on the list above have sports fields, tennis courts
or other areas that could be adapted for an emergency animal shelter. Quinlan Community
Center is adjacent to Memorial Park, where the baseball field, tennis courts, or part of the
open grassy area could be adapted for an emergency animal shelter. The tennis courts at
Cupertino Sports Center at 21111 Stevens Creek Boulevard could also be used. The Sports
Center backs up to both Memorial Park and Quinlan Community Center.
Although not adjacent to the proposed human shelters listed above, parking structures
could be used as temporary emergency animal shelters, if they remained structurally sound
following a disaster. Parking structures have the advantage that they are at least partially
enclosed, covered, and portions of them can easily be blocked off for the shelter. The
following parking structures could be considered for use as animal shelters, if the property
owners would agree to such use:
• Apple parking garages at 1- 4 Infinite Loop
• Arc Site Inc./Ricoh Corp. parking garage at 4 - 5 Results Way and Bubb Road
• City Center parking garage near Stevens Creek Boulevard and Torre Avenue
-City of Cupertino_ Corporation Yard on Mary Avenue between Stevens Creek and Meteor
Drive
• Cupertino Square (formerly Vallco Fashion Park) parking garage at 10123 N. Wolfe Road
• De Anza College parking garage on Stellin Road
Attachment B-2
Suggested Animal Shelter Locations
Sections of large commercial or corporate parking lots could also be used for emergency
animal shelters, if the property owners would agree to such use. Among these are
• Apple parking lots at 1-6 Infinite Loop and at Ridgeview Court between Pruneridge
Avenue and Stevens Creek Boulevard
• Cupertino Square (formerly Vallco Fashion Park) parking lots at Stevens Creek Boulevard
and Wolfe Road
• First Baptist Church parking lot at 10505 Miller
-,Home Depot parking lot, 975 S. De Anza Boulevard
• McClellan Ranch parking lot, 22221 McClellan Road
• Marketplace Shopping Center,19628 Stevens Creek Boulevard
•Monta Vista Recreation Center parking lot at Voss and Foothill Boulevard
• The Oaks Center, 21269 Stevens Creek Boulevard
The attached map shows the locations of each of the above sites. The color symbols used
on the map are listed below:
Red: Possible Red Cross shelter and associated animal shelter locations
Green: City of Cupertino government facilities
Yellow: Parking garage structures
Circle P: Open air parking lots
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Attachment C-1
Temporary Shelter Guidelines - Sample
The attached standard operating procedure was written for Onslow County, North Carolina, but
it can be adapted to suit the needs of any county. If you need further advice, please do not
hesitate to contact
(State Animal Response Team).
COUNTY ANIMAL RESPONSE TEAM (CART)
STANDARD OPERATING GUIDELINES FOR SHELTER OPERATION
Volunteers who are prepared to work with CART must sign a VOLUNTEER
AGREEMENT AND RELEASE OF LIABILITY form in order to assist in a disaster. These
forms are available at County Animal Control.
2. In an emergency, volunteers will be contacted by telephone and advised as to when they will
be needed at the shelter. Volunteers should make sure that their own homes are secure
before responding. A volunteer whose mind is on things at home will not be helpful at the
emergency site.
3. Once contacted, volunteers should go directly to County Animal Control to
pick up their identification badges. No badge will be issued to a volunteer who has not
signed the VOLUNTEER AGREEMENT AND RELEASE OF LIABILITY form.
Identification badges must be returned to County Animal Control once
the emergency is over and the volunteer has been relieved of duty. Volunteers should pick
up their badges immediately after being notified that the shelter has been activated, even
though they may have been asked to come to cover a later shift. This will save time when
the volunteer's shift does start and will permit the volunteer to be on the road once a curfew
is in place.
4. When the volunteer has been notified to be at the shelter for the start of his/her shift, the
volunteer should proceed directly to (site). This is
the Red Cross shelter with a pet -shelter designated area. Only dogs, cats and caged birds
ACCOMPANIED BY THEIR OWNERS will be accepted at this shelter. No other animals
(no strays) will be accepted and no exotic pets (iguanas, snakes, etc.) will be accepted.
S. All CART volunteers must log in with the Red Cross staff at the main school entrance prior
to starting a shift. The Red Cross is responsible for all persons in the shelter. At the end of a
shift, -volunteers must log out with the Red Cross prior to leaving the building.
6. Volunteers will be logged in and out of the CART shelter using the Emergency Pet Shelter
Staff Check -In form.
7. Duties at the shelter will be assigned to volunteers by the Chairman of the Small Animal
Sub -Committee of CART, or in his/her absence or unavailability, then by the Vice
Chairman. Duties will be assigned according to volunteers' particular skills and abilities.
The premises to be used for the pet shelter must be examined by the Chair of the Committee
or in his/her, absence or unavailability, by the Vice -Chair, in the presence of a school
representative and any pre-existing conditions noted and signed off by both parties on the
Pre -Occupancy Inspection/Walk-Through form.
Attachment C-2
Temporary Shelter Guidelines - Sample
9. Anyone bringing an animal to the shelter must first register with the Red Cross in the school
foyer and then bring the animal around the left side of the building to the door marked
" CART ANIMAL SHELTER." This is the second outside entrance. Red
Cross personnel will "tag" shelter residents as they check in; no pet may be accepted from
any person who does not present proof of having registered with the Red Cross as a shelter
resident.
10. Tables will be set up for animal intake and registration inside the door, which is at the end of
the corridor designated for the pet shelter. Every animal and its cage will be tagged with a
tab -band collar -indicating animal's name and owner's name. Details of pet's name,
breed/description, age, vaccination history if available, and owner's name, address and
telephone number will be entered in the registration log. The volunteer should also make a
note of all equipment the owner is bringing in with the pet (cage, leash, bowl, food, etc.) and
any CART or Animal Control equipment loaned to the owner.
11. The owner must sign the REGISTRATION AND PET -FRIENDLY PUBLIC
EVACUATION SHELTER AGREEMENT. This is a signed agreement between the owner
(on behalf of the family, if applicable) and the shelter staff, stating that the owner will abide
by the shelter rules. NO ANIMALS CAN BE ACCEPTED WITHOUT THE OWNERS'S
COMPLETION OF THIS FORM AND ACKNOWLEDGEMENT OF RECEIPT OF
SHELTER RULES (a copy of the rules must be furnished to each pet owner).
12. Animals will be housed first in the four 18' x 4' setbacks, with dogs as close to the exterior
door end of the corridor as possible. This may help lower the noise level affecting the human
shelter occupants in the adjacent corridors. Only when these alcoves are full shall crates be
placed in the main hallway, which is only 10' wide.
13. Any pets arriving without appropriate vaccination records will be housed in a separate
alcove. If a veterinarian is present, he/she will be asked to examine the animal. If it appears
healthy, it can be accepted, if it does not appear healthy then Animal Control will be asked
to remove it to the County Animal Shelter. If no veterinarian or vet -tech is present, then
CART volunteers will use best judgment as to whether to accept the animal.
14. The responsibility of caring for the pet rests with the owner, however access must be
restricted due to the lack of space in the shelter. The rules provided to the owner state that
one family member (over the age of sixteen years) may visit the pet for twenty (20) minutes
every three hours to feed, water, walk and clean up after the pet. Clean up materials will be
provided.
15. No person under the age of sixteen will be permitted in the animal shelter at any time.
16. A volunteer will be stationed at the door opening into the main school hallway to provide
control of visitors from the human shelter into the CART animal shelter (frequency of visits
and age of visitor). [Application of this provision will depend upon the number of animals
being sheltered.]
S�� i�p�ralional �reaEU�" Animalsl� Drsaster �i-nne� .. Rev��, rQ1�lQ�;.
Attachment C-3
Temporary Shelter Guidelines - Sample
17. No pet, whether handled by its owner or a shelter volunteer, shall be out of its cage without
a leash. This also applies to cats.
18. Each cage will have a clipboard attached to it and owners are urged to note on the board the
time the pet was fed and walked. This is to make sure that no animal is overlooked because
its owner is unable to care for it. [Application of this provision will depend upon the number
of animals being sheltered.]
19. Owners are requested to notify shelter volunteers if an animal appears sick, is coughing or
has diarrhea.
20. In the event an animal does exhibit symptoms of illness, that animal will be isolated from
the others as far as space permits.
21. Shelter volunteers shall wear disposable rubber gloves AT ALL TIMES when handling
animals and shall change gloves after caring for one animal and before handling the next.
This is to prevent the spread of disease, particularly ringworm.
22. Owners and volunteers shall not permit any contact between one animal and another. Shelter
volunteers must enforce this in order to prevent fights and the spread of disease.
23. When the emergency is over and animals are reunited with their owners, volunteers should
check to make sure the right pet is leaving with the proper owner. The registration log must
be noted with the date and time the animal was released and what equipment the owner took
with him (cage, bowls, etc.) This must match the intake inventory.
24. Once the shelter has been emptied volunteers will make an inventory of all supplies that
remain and keep a record of the disposal of those supplies. (Some items such as cages may
have been on loan and need to be returned; other items such as food can be returned if
unopened, otherwise passed on to the County Animal Shelter).
25. Once the shelter has been emptied, CART volunteers are responsible for cleaning up and
washing the floor.
26. Once the shelter has been emptied and cleaned, the Chair of the Committee (or a delegate)
shall make a careful check of the facility in the presence of a school representative and both
shall sign the Release of Facility form, noting any damage.
27. Identification badges must be returned to Animal Control once the emergency is over and
logged back into inventory by Animal Control.
28. The Chair of the Committee will be responsible for returning loaned items (or may delegate
this responsibility). The Chair will be responsible for writing to thank all donors of
emergency items as well as the volunteers.
29. When the shelter is closed and the operation of the pet shelter concluded, the Chair must so
notify EOC.
sedgy ,
Attachment C-4
Temporary Shelter Guidelines - Sample
30. Note: All donated items including emergency supplies of pet food must be channeled
through the Chair of the Committee or, in his/her absence or unavailability, through the
Vice -Chair.
31. Once the emergency has been declared, all requests for supplies or other assistance must be
directed through the EOC.
32. Requests for media interviews must be directed to the EOC for approval before any
statements are made.
Attachment D-1
Emergency Animal Shelter Procedures
I. Shelter Setup
The admission process initiates the registration and care of animals. Animals may be
brought in by the owner, or by a third party. A full description of the animal should be
documented to include as much information about the animal as possible. The description,
and all available identification, needs to be recorded and kept in the animal's file. Types of
identification can include collars, tags, licenses, microchips or tattoos on ears or bellies. If
possible, each animal should be photographed with it owner.
Non-professional shelter staff should not handle animals that may have been bitten within
the last ten days; have been reported as aggressive by the owner; shows signs of aggression;
are extremely difficult to handle; or shows signs of physical pain. These animals will need
to be separately handled or kenneled by professional skilled staff. Otherwise, these problem
animals should be refused admission to the shelter and remain the sole responsibility of the
owner of contract Animal Control personnel.
Immediate medical concerns can be detected by veterinary examination of the eyes, ears,
skin, teeth, nose and paws/feet. Animals with contagious or zootomic conditions should
receive prompt attention in a quarantine area of the shelter. Animals should be vaccinated
according to the instructions from veterinary staff.
B. Facility Safety and Security
While animals need adequate exercise and socializing, it is important to maintain a safe and
secure facility. The safety and security of a facility can be affected by a large number of
unskilled volunteers and untrained owners. Volunteers who care for and feed the animals
need to be well oriented to the shelter's procedures and protocols. Examples of potential
problems include overfeeding, under cleaning, and trying to handle large or problem
animals. Cupertino's Animal Care and Shelter Branch will develop just in time training as
needed.
C. Animal Care
The Cupertino Care and Shelter Unit Leader of a temporary shelter will be locally
responsible for and determine who may have access to the animals. Although it may not be
possible to have locks on every cage and kennels, creating a system of identification for
volunteers who may remove animals from the holding areas is necessary.
All animals should be housed with their identification documentation and an Animal Care
Log, which is used to record feedings, cleaning, and socialization. The shelter Animal Care
i
Giiy pfperna3peraric�nal DR Wster Annex Repised,l�l107''
Attachment D-2
Emergency Animal Shelter Procedures
Coordinator should create protocols for determining which animals can be taken out of
their cages or kennels, how much time they may be out, which activities are allowed, and
the labeling system on the cage or kennel that is used to indicate that an animal is out. The
shelter Animal Care Coordinator should physically count the animals on the premises at
least twice a day and document in the log. Counting can quickly identify animals that may
be improperly housed or missing.
Although a temporary shelter is a 24-hour operation, animals need periods of darkness and
quiet. These periods should be scheduled and day and night disruption of these schedules
limited to veterinary issues.
D. Cleaning
During emergencies, the risk of the spread of disease is increased. A full cleaning of
containment and common exercise areas should therefore be done twice a day for dogs,
cats, co -housed rabbits, and some livestock. For reptiles, small mammals, birds and horses,
cleaning should be done once a day. Spot checks of the animal's welfare should also be
scheduled several times per day. The guidelines for cleaning shown in Table 1 should be
considered. The beginning and end of shifts for different positions must be clear.
TABLE 1: CLEANING AND WATERING NEEDS OF ANIMALS IN A SHELTER
Animal
Full Cage Cleaning
Check and
refill water
bowls every 2
hours
during the day
Other
Start
of
AM
shift
Start of PM shift or 1 to 2
hours before end of shift
Dogs
X
- X
X
Cats
X
X
X
Rabbits
X
If small space housing three
or more rabbits
X
Small mammals
X
—
X
Reptiles
X
—
X
Domestic birds
X
—
X
Chicken/fowl
X
—
X
Livestock (farm
mammals)
X
If housed in small kennels
X
Check every 4 hrs
during the day
Horses/equine
X
—
X
Check every 4 hrs
during the day
C�fy �f Cupertinoeti®ratil' AYuuals ru%�sste nn _, Remised a.7
Attachment D-3
Emergency Animal Shelter Procedures
E. Feeding
Watering frequency is listed in Table 1 above.
The Care and Shelter Branch will work with Logistics to obtain food for the animals if the
incident is expected to last more than 72 hours. Although donated food may arrive daily,
keeping the diet consistent is important for reducing stress and cleaning requirements (diet
changes can cause loose stools). The following guidelines for feeding should be considered
or expanded.
a Dogs
Dogs should be fed two times a day, approximately 10 to12 hours apart. Wet food
should be avoided if possible to limit diet -related diarrhea. If an animal refuses to eat
after the first 24 hours in a facility, a spoonful of wet food may be added to the dry food
as a taste stimulus.
■ Cats
Dogs should be fed two times a day, approximately 10 to12 hours apart. Wet food
should be avoided if possible to limit diet -related diarrhea. If an animal refuses to eat
after the first 24 hours in a facility, a spoonful of wet food may be added to the dry food
as a taste stimulus.
■ Rabbits/Small Mammals
Rabbits and other rodents should be fed non -rich diets. The home diet should be
continued if known. Rabbit diet should consist of hay (oat or timothy) and green rabbit
pellets.
Reptiles/Amphibians
Care must be taken to identify not only the correct food source for reptiles but also the
correct presentation and time of feeding. Additionally, co -housed snakes and many
lizards must be separated at feeding times. Diets vary significantly among species and
according to size and age of an animal. If possible, their home diets should be continued.
Lizards = Prey should be no larger than the length of the lizard's head.
Snakes = Prey should be no wider than the widest part of the snake's body.
Herbivorous Diets
Food should be placed on a plate or dish to avoid consumption of the substrate
provided as the flooring of the enclosure. Ingredients should be well mixed to avoid
Attachment D-4
Emergency Animal Shelter Procedures
picking, and a commercial calcium supplement should be included. Herbivores should
be fed one or two times a day, with younger animals eating more often than adults.
Carnivorous Diets
Prey guidelines are as follows:
■ Vertebrate prey = safest if fed pre -killed. Move the prey around when dropping it
into the enclosure to stimulate the animal to feed. Young lizards may need to eat
daily but adult snakes may only need to eat twice per week.
® Fish = should be fed live.
■ Worms/larvae = should be fed live. They are best fed in a dish that the reptile may
eat from but from which the worms cannot escape.
• Crickets = should be dusted in calcium powder and fed live. Some reptiles need
additional nutrients that are provided by giving the cricket's commercial gut -loading
food 12 to 24 hours before feeding.
Omnivorous Diets
Terrestrial omnivores should be fed using the guidelines for both herbivores and the
appropriate carnivore. Aquatic omnivores should have their greens floated on the water
and given live fish.
■ Domestic Birds
Birds should be fed twice daily but must be monitored for food intake regularly. If a bird
is not eating the diet given, alternatives must be tried until a diet is found that the bird
will eat. Whenever possible, a bird's diet should remain the same as the diet at home.
Food must be provided by the owner, recovered from the owner's home or found in the
bird's food dish as a guideline for its diet. Additional considerations are as follows:
o Birds should have limited access to dairy products, cabbage, and bananas
o Birds should not be given chocolate, avocado, foods with high salt content, or
mushrooms
o Lorikeets and Toucans require a diet of fruits, vegetables, juices, and nectars. They
should not be given seeds.
o Finches, canaries, and other wild and wild type birds require small amounts of grit in
their diets. The grit can be sand, gravel, or crushed oyster shells.
■ Chickens/Other Fowl
Chickens should be given commercial chicken feed twice per day. The chicken's normal diet
should be followed if known.
0 Livestock/Farm Mammals
Attachment D-S
Emergency Animal Shelter Procedures
o Goats - The diet should consist of commercial goat feed (non -medicated), a plant fiber
source, and a salt block. Unless housed in pens that allow access to plant material, goats
require a supplement of leafy hays or legumes. Goats should be fed twice a day rather
than allowing the animals to free feed.
o Sheep - The diet should consist of commercial sheep feed (non -medicated), a plant fiber
source, and a salt block. Unless housed in pens that allow access to grasses, sheep
require a supplement of grass hay. Sheep should be fed twice a day rather than allowing
the animals to free feed.
o Swine - Pigs should be fed twice a day. An appropriate standard diet consists of a non -
medicated commercial pig feed and a small amount of alfalfa hay.
F. Animal Transportation
All transportation should be coordinated with and directed by San Jose Animal Care and
Services. The city of Cupertino has no internal animal transportation capability. Outside
resources will be needed if transportation becomes necessary.
G. Animal Documentation Guidelines
Animal shelter support personnel are responsible for reporting shelter activity data to the
Animal Care Coordinator, who, in turn, will report to the Incident Command (1C).
Occupancy counts two times a day (morning and evening) are necessary for reporting and
safety accountability. Daytime counts may be added at the discretion of the Animal Shelter
Management Teams in response to individual security needs.
Animal shelter information that is reported involves a variety of formats, including:
® Animal shelter status report
® Animal shelter status boards, updated daily, including the following information:
- Total number of animals in care
- Total number of new animals in care
Site information
- Name of shelter
- Site address
- Number of animals in occupancy
- Number of new animals in occupancy
- Capacity by species and animal type
- Percentage of capacity filled
- Name of site manager and point -of -contact information
i
ii y of upert n Op rat nal Area Et1P A l tea D�saste r n�ue�c Rued. f... 7 : I
Attachment D-G
Emergency Animal Shelter Procedures
Problems associated with the operation of the shelters (including shortages in
supplies and staffing)
It is also critical to create a filing system for the documentation that is created at the animal
shelter. A folder and binder system works well. All animal records and associated
documentation should go into a folder and should be in the same order in each folder. If an
animal is onsite, the folder should have a green dot. If the animal has been transported
elsewhere, a red dot should be used. If the animal has been moved into a foster home or
contingent -adoptive home, a yellow dot should be used. Color -coding the folders will
facilitate tracking the folders and animals.
Binders may be used to store and access other information, such as:
■ Lost animal information
■ Owned animals
■ Reclaimed animals
■ Stray animals
II. Demobilization
A. Shelter Closures
Closing a temporary animal shelter will usually be coordinated with the closure of
corresponding human shelters. The following activities must be coordinated:
■ Remove/disposition all animals (documented and undocumented) from the facility
■ Clean and break down cages, kennels and other containment areas
■ Remove paper and tarps from walls and floors
■ Sweep and mop floors
■ Clean surfaces
■ Remove signage
■ Use air fresheners if necessary
■ Use de-fleaing sprays if necessary
B. Redistribution of Supplies
Remaining supplies should be inventoried, returned to the owner, or disposed of properly
(consumables should be disposed of well before their expected shelf life???). This activity is
important for reimbursement. Explain?
Attachment D-7
Emergency Animal Shelter Procedures.
C. Removal and Disposal of Animal Carcasses
The disposition of dead animals should be referred to contracted San Jose Animal Control
representatives for disposal. Copies of all records regarding the registration, care, sheltering
and local maintenance of these animals should accompany the carcasses.
All efforts should be made to refer the recently deceased animals to San Jose Animal
Control. If this is not possible, the animal carcasses must individually be securely tied in
several thicknesses of plastic bags and kept at a distance from live animals and shelter staff
so as to not pose a health risk. Fly spray in the storage area should be used often. The
animals should be moved to a freezer at the shelter when possible or picked up by an
animal disposal company under direction of San Jose Animal Control. Disposition
documentation should be retained by San Jose Animal Control.
D. Procedures for Unclaimed Animals
The Cupertino EOC Animal Service Coordinator should create procedures for the
disposition of unclaimed animals when the emergency shelter is closed. An animal may be
adopted, transferred, or euthanized; but the procedures must be consistent with local laws,
and copies of individual animal records showing disposition should be retained locally for
possible later recovery of the animals. It is recommended that unclaimed animals be turned
over to San Jose Animal Control for further disposition.
E. Final Data Collection
All animal shelter operational data, reports, and documents should be collected to ensure
that a complete record of logs, transactions, analyses, and other information is available for
review by individual animal owners, animal welfare ombudsmen or competent authority.
Attachment E-1
Animal Food Sources Checklist and Survey
Animal Food Resource Checklist
Small Animals
❑ Food Banks
❑ Pet Stores
❑ Grocery Stores
❑ Kennels
❑ Breeders
❑ Feed Stores
❑ Humane Societies/SPCAs
❑ Animal Control Shelters
❑ Veterinary Clinics
Large Animals and Horses
❑ Feed Suppliers
❑ Feed Stores
❑ Hay Producers/Transporters
❑ Local Animal Producers
❑ Local Boarding Facilities
❑ Local Breeding Facilities
❑ Local Horsemen's/Cattlemen's Organizations
0 anai lr SUP mars zn I)�sas#er Aanex: _ e ed. }i0i}4
Attachment E-2
Animal Food Sources Checklist and Survey
Animal Food Survey
1. Company/Organization Name
Address
Number and Street
Facility Phone ( ) -
Representative's Name
Representative's Pager
2. What species do you have food for?
❑ Dog (Type of food)
❑ Cat
❑ Bird
❑ Reptiles
❑ Cattle
❑ Horse
❑ Sheep/Goat
❑ Other
city
Fax
Cell phone ( )
3. Would you be willing to provide animal food during a disaster?
❑ Free ❑ Reduced Rate ❑ Standard Rate
Zip
4. Give brief directions to your location from the closest major road or highway.
_...':- pity of Gupt��u��e%�����t�o�al �r�ea �Q� _�tm�Is yn �is��ne�' m ��� . � ..,�..u;Ite�sed•_�1�(F
Attachment E-3
Animal Food Sources Checklist and Survey
Animal Food Resource List
Organization/Company Name
Address
Number and Street
Area or cross streets
Contact's name
Phone Number [ )
Rep's Cell Phone
Supplies Available
Type of Food
Delivers? ❑Yes ❑ No
[]Free ❑Reduced rate
Organization/Company Name
Address
Number and Street
Area or cross streets
Contact's name
Phone Number [ ]
Rep's Cell Phone [ )
Supplies Available
Type of Food
Delivers? ❑Yes ❑ No
❑Free ❑Reduced rate
city
Fax [ ).
Pager [ )
Species
❑Standard Rate
Fax [ )
Pager [ )
Species
city
❑Standard Rate
Zip
Zip
Attachment F-1
Animal Care Supplies Survey b
Animal Care Supplies Survey
1. Company/Organization Name
Address
Number and Street
Facility Phone ( ) —
Representative's Name
Representative's Pager (
City
Fax ( ) --
] - Cell phone ( )
2. What supplies do you have?
Veterinary Supplies
[]Drugs ❑Vaccines ❑1V fluids ❑Leg wraps ❑Bandages
Non -medical Animal Supplies
Zip
Small Animal
❑Pet carriers ❑Cat litter ❑Collars []Leashes ❑Cages ❑Shovels ❑Bleach
❑Disinfectant [Food and water dishes
Large Animal
❑Halters ❑Lead ropes ❑Blankets []Bedding ❑Wheelbarrows ❑Rakes
❑Pitchforks ❑Buckets Moses ❑Fly spray ❑Bleach ❑Disinfectant ❑Lime
Office Supplies
❑Trail marking tape ❑Duct tape ❑Microchip scanner ❑Camera/film ❑Paper
❑Pens/pencils ❑Permanent markers ❑Binders ❑Staplers ❑Hole punch
❑Computer/printer ❑Copy machine ❑Flashlights ❑Cellular phones
3. Would you be willing to provide these supplies during a disaster?
❑ Free ❑ Loan ❑ Reduced Rate ❑Standard Rate
4. Give brief directions to your location from the closest major road or highway.
Attachment F-2
Animal Care -Supplies Survey
Animal Care Supply Resource List
Organization/Company Name
Address
Number and Street
Area or cross streets
Contact's name
Phone Number [ ]
Rep's Cell Phone (
Supplies Available
Fax C ]
Pager [ ]
city
❑Free ❑Loan ❑Reduced rate ❑Standard Rate
Organization/Company Name
Address
Number and Street
Area or Cross streets
Contact's name
Phone Number ( ]
Rep's Cell Phone { ]
Supplies Available
[]Free ❑Loan ❑Reduced rate
city
Fax [ ]
Pager [ ]
❑Standard Rate
Zip
Zip
3.
_.__WO�iCnprapraanalAre_P aNtz�als%sasfer Anue 1esr. li►Xp04 I
Attachment G-1
Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF CUPERTINO
AND
(ENTITY)
This Memorandum of Understanding, dated is entered into by and between the City
of Cupertino, hereafter referred to as "City" and
herein referred to as "ENTITY".
Purpose
The purpose of the Memorandum of Understanding is to define a cooperative working relationship
between the City and ENTITY for the purpose of providing care and assistance for animals during
disasters and other emergencies. This Memorandum will outline how the City and ENTITY will
work cooperatively to improve disaster response capabilities.
The Role of the City of Cupertino
During emergencies and disasters, the City functions under the Standardized FAnergency
Management System (SEMS)/National incident Management System (N1MS). The goal is to
manage emergencies and disasters, within city boundaries, and facilitate a rapid recovery by
developing plans, identifying resources and offering training to protect lives, propertyand the
environment. The City works closely with public, private and non-profit organizations to promote
standardized training and response plans and ensure the best use of available resources. The City
trains volunteers to manage their homes, families and neighborhoods.
The City will receive requests for assistance and allocate resources based on priority and
availability. Emergency public- information will be provided through available communications
methods that may include amateur radio, telephone, computer, television, commercial radio and
runners.
During emergencies and disasters, the City will need to bring in outside agencies, services and
personnel in order to respond and recover from the disaster.
The Role of
ENTITY is a
(ENTITY)
(description) located at
address)
I
Attachment G-2
Memorandum of Understanding
ENTITY will allow the City the right of first -refusal to the use/purchase of supplies and services, for
a period of 48 hours, while determining the types of animal care assistance needed. Cost of the
service/supplies will be at the then -current City government discount, if applicable.
ENTITY may also assist the City response by providing temporary facilities, volunteer personnel and
equipment. ENTITY will maintain 24/7 contact information with the City, become a member of the
Cupertino Animal Care Committee, to assist with pre -disaster coordination, and participate in
animals in disaster training and exercises when appropriate.
This coordination between the City and ENTITY does not impose any administrative authority or
fiscal control by government or its emergency organizations over the ENTITY, its policies or
employees; nor does it empower ENTITY to encroach upon, invade, or substitute for local
government statutory obligations to plan, prepare for and respond to, disaster situations within its
jurisdictions.
1.1 COST RECOVERY SECTION
Any ENTITY facilities or equipment used by the City for disaster response will be inspected prior to
use and restored to their pre -use condition. In the event that the City declares a local emergency,
and obtains a Gubenatorial and/or Presidential declaration, the ENTITY may be eligible for recovery
of documented costs beyond normal operating expenses as deemed appropriate by administering
state and federal agencies. The City Office of Emergency Services will assist with this recovery of
documented costs. The City shall not be liable for any of the operating expenses of ENTITY,
emergency or otherwise. ENTITY will pay for its own normal operating expenses.
1.2 TERM OF MEMORANDUM
This Memorandum of Understanding will be in effect as of the date indicated above and
shall remain in full force and effect for two (2) years from that date, and shall be
automatically renewed for additional two-year terms thereafter. Either party may
terminate the agreement by serving written notice to the other party at least one hundred
eighty (180) days in advance. This MOU may be renegotiated at anytime at the request of
either parry.
Attachment G-3
Memorandum of Understanding
1.3 INDEMNIFICATION
The parties agree that all losses or liabilities incurred by either party as a result of the party's
performance of its responsibilities under this MOU shall not be shared pro rata but instead the
parties agree that each party shall indemnify, defend and hold the other harmless from any claim,
expense or cost, damage or liability arising out of, or in connection with, the performances of its
responsibilities pursuant to this MOU.
The City will manage any injuries incurred by City staff or registered City Volunteers. Liability for
all other injuries incurred on ENTITY property, shall be the responsibility of ENTITY.
1.4 AMENDMENTS
Amendments to the terms and conditions of this MOU shall be effective only upon mutual
agreement in writing by the parties hereto. The City Office of Emergency Services has the authority
on behalf of the City to execute any amendments pertaining to the operational issues of this MOU.
1.5 INDEPENDENT CONTRACTOR
ENTITY shall be solely responsible for the acts and omissions of its officers, agents, employees,
contractors, and subcontractors, if any. Nothing herein shall be considered as creating a partnership
or joint venture between this local government and ENTITY. No person performing any of the work
or services described hereunder shall be considered an officer, agent, servant, or employee of the
City, nor shall any such person be entitled to any benefits available or granted to local government
employees.
1.6 OTHER AGREEMENTS
This MOU places no restrictions on either party from participation in similar agreements and/or
activities with other public or private entities.
Attachment G-4
Memorandum of Understanding
1.7 INSURANCE
Each party shall maintain it's own insurance coverage, through commercial insurance, self-insurance
or a combination thereof, against any claim, expense, cost, damage or liability arising out of the
performance of its responsibilities pursuant to this MOU_
1.8 NOTICES
All notices required to be given pursuant this MOU shall be in writing and shall be delivered in
person, delivered by electronic facsimile, or deposited in the United States nail, certified mail, return
receipt requested, addressed to the parties as set forth below:
City of Cupertino
Office of Emergency Services
10300 Torre Ave, Cupertino, CA 95014
FAX (408) 777-3336
PHONE (408) 777-3335
Name of Organization
Address
FAX ( )
PHONE ( )
EMAIL
1n
(herein referred to as ENTITY)
In Witness Whereof, the City of Cupertino, and the legal representative of ENTITY have executed
this MOU on the dates indicated below_
Entered into agreement by -
David Knapp
City Manager
Representative of ENTITY
Legal Office -
Date:
Date:
Attachment H-1
Recommended for MOU Agreements
To facilitate purchasing food and supplies for the Disaster Animal Shelter, it is
recommended that the City of Cupertino have signed Memoranda of Understanding
(MOUs) with the local stores and service providers (or their appropriate corporate
divisions) listed below. This is not a comprehensive list. The City may have purchasing
relationships with other entities that could be added to the list.
Animal Feed and Supplies
An Jan:1129 S. De Anza Blvd., Cupertino, 408-446-3932; h jwww.apjan.com/ .
(Main Super Store,1633 S. First Street (Monterey Rd.), San Jose; 408-293-6232)
PETCO: 2775 El Camino Real, Santa Clara, 408-423-9110; 500 El Paseo Drive,Saratoga,
408-866-7387 (corporate address: PETCO Animal Supplies, 9125 Rehco Road, San Diego,
CA 92121,1-858453-7845; hIU2://www.petco.com/ also
http://www.petcofoundation.org/).
PetsMart: 770 E. El Camino Real, Sunnyvale, 408-773-0215; 850 W. Hamilton Ave.,
Campbell, 408-374-9321 (corporate address: 19601 North 27th Avenue, Phoenix, AZ
85027, 623-580-6100; htttp://www.petsmart.com/ and
h jwww.petsmartcharities.org/
Lucky (supermarket):10425S. De Anza Blvd., Cupertino, 408-252-6644 (corporate
address: Modesto, CA; Customer Relations:1-800-692-5710;
jlqp://www.luckysupermarkets.com/).
Safeway Food & Drug: 6150 Bollinger Road, San Jose, 408-257-3070; 2760 Homestead
Road, Santa Clara, 408-248-0563;12876 Saratoga -Sunnyvale Road, Saratoga, 408-867-0180;
160 First Street, Los Altos, CA, 650-941-1208; (corporate address: Safeway, Inc., 5918
Stoneridge Mall Road, Pleasanton, CA, 925-467-3000; http://www.safeway.com/ ).
Animal Hospitals and Clinics
Acadia Veterinary Clinic: 10012 N. Foothill Blvd., Cupertino, 408-996-1030. Eric
Griesshaber, DVM; Genie Griesshaber, DVM; Donald K. Jones, DVM;
Atwal Ravinder S DVM, 6186 Bollinger Road, San Jose, 408-777-8387.
Cupertino Animal Hospital: 10026 Peninsula Ave., Cupertino, 408-725-9988. Munir
Kureshi, DVM
De Anza Veterinary Clinic: 7325 Fallenleaf Lane, Cupertino, 408-996-1411. Brien J.
Bates, DVM; Kirsten Krick, DVM.
Attachment H-2
Recommended for MOU Agreements
For the Birds: 1136 S. De Anza Blvd. #B, San Jose, CA, 408-255-1739. Stern Hilary, DVM;
Fern Van Sant, DVM. [Ck listing; webpage not found]
West Valley Pet Clinic: 1360 S. De Anza Blvd., 408-996-1155. Valerie Brons, DVM;
Timothy J. Govers, DVM; Danielle Olsen, DVM.
VCA Hemingway Cat Hospital: 12840 Saratoga -Sunnyvale Road, Saratoga, 408-741-
4844. An -de Knieper, DVM; Matthew Marasco, DVM; Jennifer Yee, DVM.
General Supplies
Home Depot: 975 S. De Anza Blvd., Cupertino, 408-253-3537 (corporate address: The
Home Depot, Inc., 2455 Paces Ferry Road, N.W., Atlanta, GA, 770-433-8211;
http:/ /www.homedepot.com/).
Target: 20745 Stevens Creek Blvd., Cupertino, 408-725-2651 (corporate address: Target
Corporation,1000 Nicollet Mall, Minneapolis, MN, 612-304-6073;
ft://www.target.com/ .
Pet Grooming
Canine Coiffures: 1356 S. De Anza Blvd., San Jose, 408-996-1565
Creative Grooming: 20110 Seagull Way, Saratoga, 408-255-2979
Supreme Grooming Service: 21686 Stevens Creek Blvd., Cupertino, 408-255-1563
NEENEM
��ty of�Cupe�q� �peir��c��a1 AreaMEi�i'! _ ��rtm�ls �u ���a�t�r Annex _.�m__,,W ��._� .�W 17gv�seclx_ 1tt1��S
Attachment I-1
Animal Transportation Resources
Animal Transportation Checklist
Small Animal
❑ Animal Control vehicles
❑ Mobile veterinary clinics
❑ Mobile dog kennels (talk to hunting clubs, kennel clubs)
❑ Local Cat Fanciers
❑ Local humane organizations
❑ Private vans, trucks, and trailers
Horses
❑ Local horsemen's association/riding clubs
❑ Private horse trailers
❑ Horse transport companies
Large Animal
❑ Local Cattlemen's association
❑ Livestock Transport Companies
❑ Ranchers
❑ Dairies
❑ Feedlots
❑ Animal Control vehicles and horse trailers
❑ University and other local educational institution livestock transport
❑ Department of Transportation (Caltrans)
Attachment h-2
Animal Transportation Resources
Animal Transportation Survey
1. Company/Organization Name
Address
Phone ( ) -
2. Representative's Name
Representative's Phone (
Fax ( ) -
] - Pager ( ) -.
3. What species can you transport and how many?
❑Dog ❑Cattle []Exotics
[]Cat ❑Sheep ❑Poultry
[]Horse ❑Swine ❑Goat
4. Would you be willing to provide transportation services during a disaster?
❑Pro Bono ❑Reduced rate
❑Standard rate
5. General information
Insurance Company
Policy #
Vehicle License Plate Number
Description
Trailer License Plate Number
Description
If more than one vehicle:
Vehicle License Plate Number
Description
Trailer License Plate Number
Description
Vehicle License Plate Number
Description
Trailer License Plate Number
Description .
Vehicle License Plate Number
Description
Trailer License Plate Number
Description
I
Attachment I-3
Animal Transportation Resources
Transportation Resource List
Company/Group Name
Address
Number and Street
Area or cross streets
Owner's name
Phone Number [ ) Fax
Owner's Cell Phone ( ) Pager
Description of Transportation Resource
Species Number of animals
Driverfsl
city
❑Free ❑Reduced rate ❑Standard Rate
Company/Group Name
Address
Number and Street
Area or cross streets
Owner's name
Phone Number [ ] Fax [
Owner's Cell Phone [ ) Pager [
Description of Transportation Resource
Species Number of animals
Driver(s)
❑Free ❑Reduced rate
City
❑Standard Rate
Zip
Zip
tC`it���upert��ud ��p�r�i�u�lArea ESP ....�nti�nals'�n1?xsaster Anne: �e�sed ���4Q
Attachment J-1
Resources and Contacts List
After this list has been completed, it should be printed, copied, and stored in several places.
County Contacts
For the names and phone numbers of current California Veterinary Medical Association
(CVMA) coordinator(s) in your county, check with the current Disaster Response Coordinator at
the CVMA, 1400 River Park Drive, Sacramento, CA 95815, (916) 649-0599. In the event of an
emergency, the CVMA disaster line is (800) 655-2862.
Regional Director
Contact
County Director
Contact
Other County Advisor
Contact
County Livestock Advisor
Contact
County Dairy Advisor
Contact
County Fire Management Advisor
Contact
County PoultryAdvisor
Contact
County 4-HAdvisor
Contact
CVMA Veterinary Coordinator
Contact
County Animal Control Services Officer
Contact
County Agricultural Commissioner
Contact
County Fair Contact
Contact
County Fire Department
Contact
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
IM
;_ pity �fCupin�►.�pera�o�ral Arm Et)E An�ma'ts �n TiisasterAnncz weed•
Attachment J-2
Resources and Contacts List
i
County Trapper (Anima/ Damage Control)
Contact
Phone
County Supervisors
Contact
Phone
Contact
Phone
Contact
Phone
Contact
Phone
Contact
Phone
Department of Health Services (County Representative)
Contact
Phone
Crematorium
Contact
Phone
Contact
Phone
Rendering Company
Contact
Phone
Contact
Phone
;::C�� %,��pe�ui�r �perah�nat Area. ��P .Animals to Tlasoster A�raex m Rued 1?D���
Attachment J-3
Resources and Contacts List
City Contacts
Police Department
Contact
Contact
Contact
Contact
Contact
Contact
Contact
Sheriffs Department
Contact
City Fire Department
Contact
Contact
Contact
Contact
Contact
Contact
Contact
Telephone Company
Contact
mayor
Contact
Contact
Contact
Contact
Contact
Contact
Contact
City Council Members
Contact
Contact
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
l
x m:; �it�,of��pen�r _O�e��t�on�-�r�a�+yt71�..:Anim��s,an ��ssster �►n�a� ry.. _.;,Ren�edY„�.�1ti��,
Contact
Contact
Contact
Contact
Contact
Media/Press Contacts
Contact
Contact
Contact
Contact
Contact
Contact
Other Important Contacts
Contact
Contact
Contact
Contact
Contact
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Phone
Attachment J-4
Resources and Contacts List
Attachment J-5
Resources and Contacts List
Office of Emergency Services Contacts
Animal Services Coordinator
Contact Phone
Emergency/after-hours number
County/Operational Area Coordinator
Contact Phone
Emergency/after-hours number
Emergency Operations Center (active during an emergency)
Contact Phone
Regional (Inland, Coastal or Southern) Administrator
Contact Phone
FEMA Disaster Oface
500 C Street South West
Washington DC 20742
Region IX (encompasses California)
Building 105
Presidio of San Francisco
San Francisco, CA 94129
(415)923-7100
Fax (415) 923-7112
Humane Associations
American Humane Association
63 Inverness Drive East
Englewood, CO 80112-5117
(303) 792-9900
Fax (303) 792-5333
rho Humane Society of the United States, West Coast Regional Office
5301 Madison Avenue, Suite 202
P.O. Box 417220
Sacramento, CA 95841-7220
(916) 344-1710
::_ City.o� ��pc�►� (�p��.ata�c�na1 area �CJ�' �v �nz�t��;�n Disaster Annex,;. _...:..__ Re�aised 101�1�4'
Attachment J-6
Resources and Contacts List
Local Humane Organizations
Contact
Phone
Contact
Phone
Contact
Phone
Animal Health District Veterinarian in Charge
Contact
Phone
Contact
Phone
International Wildlife Rehabilitation Association (IWRA)
Mary Reynolds
iwrc@inreach.com
Fax (707) 864-3106
Other Wildlife Rehabilitation Organizations
Contact
Phone
Contact
Phone
American Red Cross Chapter
Contact
Phone
Contact
Phone
Nationa/Association for Search and Rescue (NASAR)
4500 Southgate Place, Suite 100
Chantilly VA 20151-1714
(703)222-6277
Fax (703) 222-6283
Local search and rescue organizations
Contact
Phone
Contact
Phone
California Council of Companion Animal Advocates
5231 Madison Avenue
Sacramento, CA 95841
(916) 344-4985
California Farm Bureau (916) 924-4000
California State Horsemen's Association
(209) 225-1055
Contact Phone
City uperfint� 4paer �upaXT rea EDP � ma . n Arsast 4 nn+e 2 v eci. lDU
California Cattlemen's Association
(916) 444-0845
. Contact
California Woo/ Growers Association
(916) 444-8122
Contact
Phone
Phone
Attachment J-7
i
Rcsourccs and Contacts List
I
_.Ca1y c►f�tpert�n,CperoaLArca Al
sn Diaster.,An�tcxw.;, Revised, li}4
Cat Fanciers' Association
P.O. Box 1005
Manasquan NJ 08736-0805
(732) 528-9797
Fax (732) 528-7391
Contact
Phone
Attachment J-8
Resources and Contacts List
American Kennel Club
5580 Centerview Drive, Suite 200
Raleigh, NC 27606
(212) 696-8200
Fax (212) 696-8299
Contact
Phone
Educational Institutions
Contact
Phone
Military State of California U_S. Army Veterinary Treatment Facilities
Contact
Phone
Other Contact Information
Petfinder
Contact
Phone
Pet Harbor
Contact
Phone
Noah Is Wish www.noahswish.org
Contact
Phone
National Volunteer Organ izaMons Active in Disasters
www_nvoad.org
Contact
Phone
International Fun for Animal Welfare
www.ifaw.org
Contact
Phone
VMAT teams www vmat org
Contact Phone
Pet Stores
Pet Food Express
Contact Phone
Local
Contact Phone
Local
Contact
Local
Contact
Phone
Phone
Attachment J-9
Resources and Contacts List
K. Authorities and References
1. California Senate Bill 1785
2_ The Pets Evacuation and Transportation Standards Act of 2006 (PETS), Public Law
109-308.
3. Animal Services Agreement Between the City of San Jose and the City of Cupertino,
dated 29 June 2004
K-�
APPENDIX III:
SB 1785 (HAYDEN) AB 1856 (VINCENT)
AB 2754 (HOUSE)
Appendix III SB 17$5 (Hayden) & AB 1856 (Vincent)
SB 1785 Stray animals: duties of pounds and shelters.
BILL NUMBER: SB 1785 CHAPTERED 09/23/98
CHAPTER 752
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 1998
APPROVED BY GOVERNOR SEPTEMBER 22, 1998
PASSED THE SENATE AUGUST 30, 1998
PASSED THE ASSEMBLY AUGUST 26, 1998
AMENDED IN ASSEMBLY AUGUST 24, 1998
AMENDED IN ASSEMBLY JUNE 18, 1998
AMENDED IN SENATE APRIL 29, 1998
AMENDED IN SENATE APRIL 14, 1998
INTRODUCED BY Senator Hayden (Coauthor: Senator O'Connell)
FEBRUARY 18, 1998
An act to amend Sections 1815, 1816, 1834, 1845, 1846, 1847, and 2080 of, and to add
Section 1834.4 to, the Civil Code, to amend Sections 31108, 31752, and 32001 of, to add
Sections 17005, 17006, 31752.5, 31753, and 32003 to, and to add, repeal, and add
Section 31754 of, the Food and Agricultural Code, and to amend Section 597.1 of, and to
add Section 599d to, the Penal Code, relating to stray animals.
LEGISLATIVE COUNSEL'S DIGEST
SB 1785, Hayden. Stray animals: duties of pounds and shelters.
Existing law specifies the rights and duties of persons who find lost property of another
or who, either voluntarily or involuntarily, are the depositaries of the property of another.
Existing law provides that involuntary depositaries are entitled to no reward for the thing
deposited; however, finders are entitled to reasonable compensation for saving and taking
care of the property.
This bill would set forth the findings of the Legislature with respect to animal shelters,
humane organizations, lost or stray animals, and neuter programs, declare the policy of
the state with respect to adoptable and treatable animals, as specified, and set forth the
intent of the bill. The bill would (1) provide that (a) a person or public or private entity
that holds a stray, live animal shall be deemed an involuntary depositary; and (b) all
depositaries of live animals have a duty to provide them with necessary and prompt
veterinary care, nutrition, and shelter, and to treat them humanely and failure to do so
may subject the depositary to liability for civil damages; (2) authorize involuntary
Appendix III-1
depositaries of live animals to accept rewards, as specified; and (3) require a public
depositary of a stray live animal to take charge of it, as specified.
Existing law provides that no dog or cat impounded by a public pound or specified
smelter shall be killed before 72 hours have elapsed from the time of impounding.
This hill would, effective July 1, 1999, expand this minimum impound time to 4 or 6
business days, as specified, and would require that the animal be released to a nonprofit
animal rescue or adoption organization in certain circumstances, subject to specified
exceptions. The bill would also provide impounding time periods, and care, redemption,
and adoption requirements applicable to other specified animals.
Existing law requires public pounds and specified shelters to provide owners and finders
of lost animals with specified services to restore the lost animals to their owners. Existing
law specifies that these requirements are not mandatory duties and do not create a cause
of action against public entities or employees.
This bill would declare that the duty to provide these services is a mandatory duty for
public entities and their contractors. The bill would also require pounds and shelters to
keep specified records regarding impounded animals for 3 years after the animal's
impoundment ends.
Because this bill would impose new duties on local officials, it would create a state -
mandated local program.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide and other
procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the
bill contains costs mandated by the state, reimbursement for those costs shall be made
pursuant to these statutory provisions.
SECTION 1. (a) The Legislature finds and declares the following:
(1) Public and private shelters and humane organizations share a common purpose in
saving animals' lives, preventing animal suffering, and eliminating animal abandonment.
(2) Public and private shelters and humane groups should work together to end
euthanasia of adoptable and treatable animals by 2010.
(b) The Legislature finds and declares the following:
(1) Redemption of owned pets and adoption of lost or stray adoptable animals is
preferable to incurring social and economic costs of euthanasia.
(2) Shelters should be open during hours that permit working pet owners to redeem pets
during nonworking hours.
Appendix III-2
(3) Shelters should aggressively promote spay and neuter programs to reduce pet
overpopulation.
(4) Shelters should not adopt out animals that are not spayed or neutered.
(5) Public shelters should work with humane animal adoption organizations to the fullest
extent possible to promote the adoption of animals and to reduce the rate of killing.
(c) The intent of this act is to do all of the following:
(1) Increase the focus of shelters to owner redemption and adoption by making
recordkeeping mandatory to aid in owner redemption, providing owner relinquished pets
the same holding period as stray animals to allow for adoption, and providing for an
explicit adoption period.
(2) Consolidate and list clear guidelines for care and treatment for animals held in
shelters.
(3) Extend public shelter responsibilities from dogs and cats to other legal pets.
(4) Make shelters accountable to pet owners and the public for records and the care of
animals in their possession.
(5) Make clear that shelter responsibilities are the same as those legally assumed by a
person who voluntarily picks up an animal.
(d) The Legislature finds and declares that statutory law prescribes the type of treatment
that private citizens must extend to stray animals they voluntarily pick up and that public
and private animal shelters should he held to the same legal duties as those that exist for
private citizens.
(e) The Legislature finds and declares that it is better to have public and private shelters
pick up or take in animals than private citizens. The Legislature further finds that the
taking in of animals is important for public health and safety, to aid in the return of the
animal to its owner, and to prevent inhumane conditions for lost or free roaming animals.
(f) The Legislature finds and declares that shelters should be required by law to take in
lost animals and properly care for them with prompt veterinary care, adequate nutrition,
shelter, exercise, and water.
(g) The Legislature finds and declares that shelters receiving animals that have
identification should make reasonable attempts to notify the owner of the animal's
location.
(h) The Legislature finds and declares that the duties of shelters to properly care for an
animal do not cease if the owner of a lost animal does not claim the animal, and the
shelter should have the duty to make the animal available for adoption for a reasonable
period of time and to care properly for the animal during this period.
(i) The Legislature finds and declares that lost animals should be held for a period of time
to ensure that the owner has proper access to redeem the animal.
Appendix III-3
SEC. 2. Section 1815 of the Civil Code is amended to read:
1815. An involuntary deposit is made:
(a) By the accidental leaving or placing of personal property in the possession of any
person, without negligence on the part of its owner.
(b) In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary
emergencies, by the owner of personal property committing it, out of necessity, to the
care of any person.
(c) By the delivery to, or pick up by, and the holding of, a stray live animal by any
person, or public or private entity.
SEC. 3. Section 1816 of the Civil Code is amended to read:
1816. (a) The person or private entity with whom a thing is deposited in the manner
described in Section 1815 is bound to take charge of it, if able to do so.
(b) A public agency or shelter with whom a thing is deposited in the manner described in
Section 1815 is bound to take charge of it, as provided in Section 597.1 of the Penal
Code.
SEC. 4. Section 1834 of the Civil Code is amended to read:
1834. A depositary of living animals shall provide the animals with necessary and prompt
veterinary care, nutrition, and shelter, and treat them kindly. Any depositary that fails to
perform these duties may be liable for civil damages as provided by law.
SEC. 5. Section 1834.4 is added to the Civil Code, to read:
1834.4. (a) It is the policy of the state that no adoptable animal should be euthanized if it
can be adopted into a suitable home. Adoptable animals include only those animals eight
weeks of age or older that, at or subsequent to the time the animal is impounded or
otherwise taken into possession, have manifested no sign of a behavioral or
temperamental defect that could pose a health or safety risk or otherwise make the animal
unsuitable for placement as a pet, and have manifested no sign of disease, injury, or
congenital or hereditary condition that adversely affects the health of the animal or that is
likely to adversely affect the animal's health in the future.
(b) It is the policy of the state that no treatable animal should be euthanized. A treatable
animal shall include any animal that is not adoptable but that could become adoptable
with reasonable efforts. This subdivision, by itself, shall not be the basis of liability for
damages regarding euthanasia.
SEC. 6. Section 1845 of the Civil Code is amended to read:
1845. An involuntary deposit is gratuitous, the depositary being entitled to no reward.
However, an involuntary depositary of any live animal may accept advertised rewards or
rewards freely offered by the owner of the animal.
Appendix IlI-4
SEC. 7. Section 1846 of the Civil Code is amended to read:
1846. (a) A gratuitous depositary must use, at least, slight care for the preservation of the
thing deposited.
(b) A gratuitous depositary of a living animal shall provide the animal with necessary and
prompt veterinary care, adequate nutrition and water, and shelter, and shall treat it
humanely and, if the animal has any identification, make reasonable attempts to notify
the owner of the animal's location. Any gratuitous depositary that does not have sufficient
resources or desire to provide that care shall promptly turn the animal over to an
appropriate care facility.
(c) If the gratuitous depositary of a living animal is a public pound, shelter operated by a
society for the prevention of cruelty to animals, or humane shelter, the depositary shall
comply with all other requirements of the Food and Agricultural Code regarding the
impounding of live animals.
SEC. 8. Section 1847 of the Civil Code is amended to read:
1847. The duties of a gratuitous depositary cease:
(a) Upon restoration by the depositary of the thing deposited to its owner.
(b) Upon reasonable notice given by the depositary to the owner to remove it, and the
owner failing to do so within a reasonable time. But an involuntary depositary, under
subdivision (b) of Section 1815, may not give notice until the emergency that gave rise to
the deposit is past. This subdivision shall not apply to a public pound, a shelter operated
by a society for the prevention of cruelty to animals, or a humane shelter. The duty to
provide care, as required by Section 1846, continues until the public pound or private
shelter is lawfully relieved of responsibility for the animal.
SEC. 9. Section 2080 of the Civil Code is amended to read:
2080. Any person who finds a thing lost is not bound to take charge of it, unless the
person is otherwise required to do so by contract or law, but when the person does take
charge of it he or she is thenceforward a depositary for the owner, with the rights and
obligations of a depositary for hire. Any person or any public or private entity that finds
and takes possession of any money, goods, things in action, or other personal property, or
saves any domestic animal from harm, neglect, drowning, or starvation, shall, within a
reasonable time, inform the owner, if known, and make restitution without compensation,
except a reasonable charge for saving and taking care of the property. Any person who
takes possession of a live domestic animal shall provide for humane treatment of the
animal.
SEC. 10. Section 17005 is added to the Food and Agricultural Code, to read:
17005. (a) It is the policy of the state that no adoptable animal should be euthanized if it
can be adopted into a suitable home. Adoptable animals include only those animals eight
weeks of age or older that, at or subsequent to the time the animal is impounded or
otherwise taken into possession, have manifested no sign of a behavioral or
Appendix III-5
temperamental defect that could pose a health or safety risk or otherwise make the animal
unsuitable for placement as a pet, and have manifested no sign of disease, injury, or
congenital or hereditary condition that adversely affects the health of the animal or that is
likely to adversely affect the animal's health in the future.
(b) It is the policy of the state that no treatable animal should be euthanized. A treatable
animal shall include any animal that is not adoptable but that could become adoptable
with reasonable efforts. This subdivision, by itself, shall not be the basis of liability for
damages regarding euthanasia.
SEC. 11. Section 17006 is added to the Food and Agricultural Code, to read:
17006. Animals that are irremediably suffering from a serious illness or severe injury
shall not be held for owner redemption or adoption. Newborn animals that need maternal
care and have been impounded without their mothers may be euthanized without being
held for owner redemption or adoption.
SEC. 12. Section 31108 of the Food and Agricultural Code is amended to read:
31108. (a) The required holding period for a stray dog impounded pursuant to this
division shall be six business days, not including the day of impoundment, except as
follows:
(1) If the pound or shelter has made the dog available for owner redemption on one
weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be
four business days, not including the day of impoundment.
(2) If the pound or shelter has fewer than three full-time employees or is not open during
all regular weekday business hours, and if it has established a procedure to enable owners
to reclaim their dogs by appointment at a mutually agreeable time when the pound or
shelter would otherwise be closed, the holding period shall be four business days, not
including the day of impoundment.
Except as provided in Section 17006, stray dogs shall be held for owner redemption
during the first three days of the holding period, not including the day of impoundment,
and shall be available for owner redemption or adoption for the remainder of the holding
period.
(b) Any stray dog that is impounded pursuant to this division shall, prior to the killing of
that animal for any reason other than irremediable suffering, be released to a nonprofit, as
defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled killing of that animal.
In addition to any required spay or neuter deposit, the pound or shelter, at its discretion,
may assess a fee, not to exceed the standard adoption fee, for animals released.
SEC. 13. Section 31752 of the Food and Agricultural Code is amended to read:
31752. (a) The required holding period for a stray cat impounded pursuant to this division
shall be six business days, not including the day of impoundment, except as follows:
Appendix III-6
a
s
(1) If the pound or shelter has made the cat available for owner redemption on one
weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be
E'
four business days, not including the day of impoundment.
(2) If the pound or shelter has fewer than three full-time employees or is not open during
all regular weekday business hours, and if it has established a procedure to enable owners
to reclaim their cats by appointment at a mutually agreeable time when the pound or
shelter would otherwise be closed, the holding period shall be four business days, not
including the day of impoundment.
Except as provided in Sections 17006 and 31752.5, stray cats shall be held for owner
redemption during the first three days of the holding period, not including the day of
impoundment, and shall be available for owner redemption or adoption for the remainder
of the holding period.
(b) Any stray cat that is impounded pursuant to this division shall, prior to the killing of
that animal for any reason other than irremediable suffering, be released to a nonprofit, as
defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled killing of that animal.
In addition to any required spay or neuter deposit, the pound or shelter, at its discretion,
may assess a fee, not to exceed the standard adoption fee, for animals released.
SEC. 14. Section 31752.5 is added to the Food and Agricultural Code, to read:
31752.5. (a) The Legislature finds and declares the following:
(1) Domestic cats' temperaments range from completely docile indoor pets to completely
unsocialized outdoor cats that avoid all contact with humans.
(2) "Feral cats" are cats with temperaments that are completely unsocialized, although
frightened or injured tame pet cats may appear to be feral.
(3) Some people care for or own feral cats.
(4) Feral cats pose particular safety hazards for shelter employees.
(5) It is cruel to keep feral cats caged for long periods of time; however, it is not always
easy to distinguish a feral cat from a frightened tame cat.
(b) For the purposes of this section, a "feral cat" is defined as a cat without owner
identification of any kind whose usual and consistent temperament is extreme fear and
resistance to contact with people. A feral cat is totally unsocialized to people.
(c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by
its owner or caretaker within the first three days of the required holding period, shelter
personnel qualified to verify the temperament of the animal shall verify whether it is feral
or tame by using a standardized protocol. If the cat is determined to be docile or a
frightened or difficult tame cat, the cat shall be held for the entire required holding period
specified in Section 31752. If the cat is determined to be truly feral, the cat may be
euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal
Appendix III-7
Revenue Code, animal adoption organization that agrees to the spaying or neutering of
the cat if it has not already been spayed or neutered. In addition to any required spay or
neuter deposit, the pound or shelter, at its discretion, may assess a fee, not to exceed the
standard adoption fee, for the animal released.
SEC. 15. Section 31753 is added to the Food and Agricultural Code, to read:
31753. Any rabbit, guinea pig, hamster, pot-bellied pig, bird, lizard, snake, turtle, or
tortoise legally allowed as personal property impounded in a public or private shelter
shall be held for the same period of time, under the same requirements of care, and with
the same opportunities for redemption and adoption by new owners or nonprofit, as
defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption
organizations as cats and dogs. Section 17006 shall also apply to these animals. In
addition to any required spay or neuter deposit, the pound or shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals released to nonprofit
animal rescue or adoption organizations pursuant to this section.
SEC. 16. Section 31754 is added to the Food and Agricultural Code, to read:
31754. (a) Except as provided in Section 17006, any animal relinquished by the
purported owner that is of a species impounded by pounds or shelters shall be held for
two full business days, not including the day of impoundment. The animal shall be
available for owner redemption for the first day, not including the day of impoundment,
and shall be available for owner redemption or adoption for the second day. After the
second required day, the animal may be held longer, killed, or relinquished to a nonprofit,
as defined in Section 501(c)(3) of the Internal Revenue Code, animal adoption
organization under the same conditions and circumstances provided for stray dogs and
cats in Sections 31108 and 31752.
(b) This section shall become operative on July 1, 1999. This section shall become
inoperative on July 1, 2001, and, as of January 1, 2002, is repealed, unless a later enacted
statute that is enacted before January 1, 2002, deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 16.5. Section 31754 is added to the Food and Agricultural Code, to read:
31754. (a) Except as provided in Section 17006, any animal relinquished by the
purported owner that is of a species impounded by pounds or shelters shall be held for the
same holding periods, with the same requirements of care, applicable to stray dogs and
cats in Sections 31108 and 31755, except that the period for owner redemption shall be
one day, not including the day of impoundment, and the period for owner redemption or
adoption shall be the remainder of the holding period.
(b) This section shall become operative on July 1, 2001.
SEC. 17. Section 32001 of the Food and Agricultural Code is amended to read:
32001. All public pounds, shelters operated by societies for the prevention of cruelty to
animals, and humane shelters, that contract to perform public animal control services,
Appendix III-8
shall provide the owners of lost animals and those who find lost animals with all of the
following:
(a) Ability to list the animals they have lost or found on "Lost and Found" lists
maintained by the pound or shelter.
(b) Referrals to animals listed that may be the animals the owners or finders have lost or
found.
(c) The telephone numbers and addresses of other pounds and shelters in the same
vicinity.
(d) Advice as to means of publishing and disseminating information regarding lost
animals.
(e) The telephone numbers and addresses of volunteer groups that may be of assistance in
locating lost animals.
The duties imposed by this section are mandatory duties for public entities for all
purposes of the Government Code and for all private entities with which a public entity
has contracted to perform those duties.
SEC. 18. Section 32003 is added to the Food and Agricultural Code, to read:
32003. All public pounds and private shelters shall keep accurate records on each animal
taken up, medically treated, or impounded. The records shall include all of the following
information and any other information required by the California Veterinary Medical
Board:
(a) The date the animal was taken up, medically treated, euthanized, or impounded.
(b) The circumstances under which the animal was taken up, medically treated,
euthanized, or impounded.
(c) The names of the personnel who took up, medically treated, euthanized, or impounded
the animal.
(d) A description of any medical treatment provided to the animal and the name of the
veterinarian of record.
(e) The final disposition of the animal, including the name of the person who cuthanized
the animal or the name and address of the adopting party. These records shall be
maintained for three years after the date the animal's impoundment ends.
SEC. 19. Section 597.1 of the Penal Code is amended to read:
597.1. (a) Every owner, driver, or keeper of any animal who permits 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 is guilty of a misdemeanor. Any peace
officer, humane society officer, or animal control officer shall take possession of the stray
or abandoned animal and shall provide care and treatment for the animal until the animal
Appendix III-9
is deemed to be in suitable condition to be returned to the owner. When the officer has
reasonable grounds to believe that very prompt action is required to protect the health or
safety of the animal or the health or safety of others, the officer shall immediately seize
the animal and comply with subdivision (f). In all other cases, the officer shall comply
with the provisions of subdivision (g). The cost of caring for and treating any animal
properly seized under this subdivision shall constitute a lien on the animal and the animal
shall not be returned to its owner until the charges are paid, if the seizure is upheld
pursuant to this section.
(b) Every sick, disabled, infirm, or crippled animal, except a dog or cat, that is abandoned
in any city, county, city and county, or judicial district may be killed by the officer if,
after a reasonable search, no owner of the animal can be found. It shall be the duty of all
peace officers, humane society officers, and animal control officers to cause the animal to
be killed or rehabilitated and placed in a suitable home on information that the animal is
stray or abandoned. The officer may likewise take charge of any animal, including a dog
or cat, that by reason of lameness, sickness, feebleness, or neglect, is unfit for the labor it
is performing, or that in any other manner is being cruelly treated, and provide care and
treatment for the animal until it is deemed to be in a suitable condition to be returned to
the owner. When the officer has reasonable grounds to believe that very prompt action is
required to protect the health or safety of an animal or the health or safety of others, the
officer shall immediately seize the animal and comply with subdivision (f). In all other
cases, the officer shall comply with subdivision (g). The cost of caring for and treating
any animal properly seized under this subdivision shall constitute a lien on the animal and
the animal shall not be returned to its owner until the charges are paid.
(c) Any peace officer, humane society officer, or animal control officer shall convey all
injured cats and dogs found without their owners in a public place directly to a
veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats
for a determination of whether the animal shall be immediately and humanely destroyed
or shall be hospitalized under proper care and given emergency treatment.
If the owner does not redeem the animal within the locally prescribed waiting period, the
veterinarian may personally perform euthanasia on the animal. If the animal is treated and
recovers from its injuries, the veterinarian may keep the animal for purposes of adoption,
provided the responsible animal control agency has first been contacted and has refused
to take possession of the animal.
Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency
clinic that is not in continuous operation, the veterinarian may, in turn, transfer the animal
to an appropriate facility.
If the veterinarian determines that the animal shall be hospitalized under proper care and
given emergency treatment, the costs of any services that are provided pending the
owner's inquiry to the responsible agency, department, or society shall be paid from the
dog license fees, fines, and fees for impounding dogs in the city, county, or city and
county in which the animal was licensed or, if the animal is unlicensed, shall be paid by
the jurisdiction in which the animal was found, subject to the provision that this cost be
repaid by the animal' s owner. The cost of caring for and treating any animal seized under
Appendix III-10
this subdivision shall constitute a lien on the animal and the animal shall not be returned
to the owner until the charges are paid. No veterinarian shall be criminally or civilly
liable for any decision that he or she makes or for services that he or she provides
pursuant to this subdivision.
(d) An animal control agency that takes possession of an animal pursuant to subdivision
(c) shall keep records of the whereabouts of the animal from the time of possession to the
end of the animal's impoundment, and those records shall be available for inspection by
the public upon request for three years after the date the animal's impoundment ended.
(e) Notwithstanding any other provision of this section, any peace officer, humane
society officer, or any animal control officer may, with the approval of his or her
immediate superior, humanely destroy any stray or abandoned animal in the field in any
case where the animal is too severely injured to move or where a veterinarian is not
available and it would be more humane to dispose of the animal.
(f) Whenever an officer authorized under this section seizes or impounds an animal based
on a reasonable belief that prompt action is required to protect the health or safety of the
animal or the health or safety of others, the officer shall, prior to the commencement of
any criminal proceedings authorized by this section, provide the owner or keeper of the
animal, if known or ascertainable after reasonable investigation, with the opportunity for
a posts -seizure hearing to determine the validity of the seizure or impoundment, or both.
(1) The agency shall cause a notice to be affixed to a conspicuous place where the animal
was situated or personally deliver a notice of the seizure or impoundment, or both, to the
owner or' keeper within 48 hours, excluding weekends and holidays. The notice shall
include all of the following:
(A) The name, business address, and telephone number of the officer providing the
notice.
(B) A description of the animal seized, including any identification upon the animal.
(C) The authority and purpose for the seizure, or impoundment, including the time, place,
and circumstances under which the animal was seized.
(D) A statement that, in order to receive a post -seizure hearing, the owner or person
authorized to keep the animal, or his or her agent, shall request the hearing by signing and
returning an enclosed declaration of ownership or right to keep the animal to the agency
providing the notice within 10 days, including weekends and holidays, of the date of the
notice. The declaration may be returned by personal delivery or mail.
(E) A statement that the cost of caring for and treating any animal properly seized under
this section is a lien on the animal and that the animal shall not be returned to the owner
until the charges are paid, and that failure to request or to attend a scheduled hearing shall
result in liability for this cost.
(2) The postseizure hearing shall be conducted within 48 hours of the request, excluding
weekends and holidays. The seizing agency may authorize its own officer or employee to
conduct the hearing if the hearing officer is not the same person who directed the seizure
Appendix Il1-11
or impoundment of the animal and is not junior in rank to that person. The agency may
utilize the services of a hearing officer from outside the agency for the purposes of
complying with this section.
(3) Failure of the owner or keeper, or of his or her agent, to request or to attend a
scheduled hearing shall result in a forfeiture of any right to a post -seizure hearing or right
to challenge his or her liability for costs incurred.
(4) The agency, department, or society employing the person who directed the seizure
shall be responsible for the costs incurred for caring and treating the animal, if it is
determined in the post -seizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the animal, was required to
protect the health or safety of the animal or the health or safety of others. If it is
determined the seizure was justified, the owner or keeper shall be personally liable to the
seizing agency for the cost of the seizure and care of the animal, the charges for the
seizure and care of the animal shall be a lien on the animal, and the animal shall not be
returned to its owner until the charges are paid and the seizing agency or hearing officer
has determined that the animal is physically fit or the owner demonstrates to the seizing
agency's or the hearing officer's satisfaction that the owner can and will provide the
necessary care.
(g) Where the need for immediate seizure is not present and prior to the commencement
of any criminal proceedings authorized by this section, the agency shall provide the
owner or keeper of the animal, if known or ascertainable after reasonable investigation,
with the opportunity for a hearing prior to any seizure or impoundment of the animal The
owner shall produce the animal at the time of the hearing unless, prior to the hearing, the
owner has made arrangements with the agency to view the animal upon request of the
agency, or unless the owner can provide verification that the animal was humanely
destroyed. Any person who willfully fails to produce the animal or provide the
verification is guilty of an infraction, punishable by a fine of not less than two hundred
fifty dollars ($250) nor more than one thousand dollars ($1NO).
(1) The agency shall cause a notice to be affixed to a conspicuous place where the animal
was situated or personally deliver a notice stating the grounds for believing the animal
should be seized under subdivision (a) or (b). The notice shall include all of the
following:
(A) The name, business address, and telephone number of the officer providing the
notice.
(13) A description of the animal to be seized, including any identification upon the animal.
(C) The authority and purpose for the possible seizure or impoundment.
(D) A statement that, in order to receive a hearing prior to any seizure, the owner or
person authorized to keep the animal, or his or her agent, shall request the hearing by
signing and returning the enclosed declaration of ownership or right to keep the animal to
the officer providing the notice within two days, excluding weekends and holidays, of the
date of the notice.
Appendix III-12
(E) A statement that the cost of caring for and treating any animal properly seized under
this section is a lien on the animal, that any animal seized shall not be returned to the
owner until the charges are paid, and that failure to request or to attend a scheduled
hearing shall result in a conclusive determination that the animal may properly be seized
and that the owner shall be liable for the charges.
(2) The pre -seizure hearing shall be conducted within 48 hours, excluding weekends and
holidays, after receipt of the request. The seizing agency may authorize its own officer or
employee to conduct the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior in rank to that
person. The agency may utilize the services of a hearing officer from outside the agency
for the purposes of complying with this section.
(3) Failure of the owner or keeper, or his or her agent, to request or to attend a scheduled
hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge
his or her liability for costs incurred pursuant to this section.
(4) The hearing officer, after the hearing, may affirm or deny the owner's or keeper's right
to custody of the animal and, if reasonable grounds are established, may order the seizure
or impoundment of the animal for care and treatment.
(h) If any animal is properly seized under this section, the owner or keeper shall be
personally liable to the seizing agency for the cost of the seizure and care of the animal.
Furthermore, if the charges for the seizure or impoundment and any other charges
permitted under this section are not paid within 14 days of the seizure, or, if the owner,
within 14 days of notice of availability of the animal to be returned, fails to pay charges
permitted under this section and take possession of the animal, the animal shall be
deemed to have been abandoned and may be disposed of by the impounding officer.
(i) If the animal requires veterinary care and the humane society or public agency is not
assured, within 14 days of the seizure of the animal, that the owner will provide the
necessary care, the animal shall not be returned to its owner and shall be deemed to have
been abandoned and maybe disposed of by the impounding officer. A veterinarian may
humanely destroy an impounded animal without regard to the prescribed holding period
when it has been determined that the animal has incurred severe injuries or is incurably
crippled. A veterinarian also may immediately humanely destroy an impounded animal
afflicted with a serious contagious disease unless the owner or his or her agent
immediately authorizes treatment of the animal by a veterinarian at the expense of the
owner or agent.
0) No animal properly seized under this section shall be returned to its owner until, in the
determination of the seizing agency or hearing officer, the animal is physically fit or the
owner can demonstrate to the seizing agency's or hearing officer' s satisfaction that the
owner can and will provide the necessary care.
(k) Upon the conviction of a person charged with a violation of this section, or Section
597 or 597a, all animals lawfully seized and impounded with respect to the violation shall
be adjudged by the court to be forfeited and shall thereupon be transferred to the
impounding officer or appropriate public entity for proper adoption or other disposition.
Appendix III-13
A person convicted of a violation of this section shall be personally liable to the seizing
agency for all costs of impoundment from the time of seizure to the time of proper
disposition. Upon conviction, the court shall order the convicted person to make payment
to the appropriate public entity for the costs incurred in the housing, care, feeding, and
treatment of the seized or impounded animals. Each person convicted in connection with
a particular animal may be held jointly and severally liable for restitution for that
particular animal. The payment shall be in addition to any other fine or sentence ordered
by the court.
The court may also order, as a condition of probation, that the convicted person be
prohibited from owning, possessing, caring for, or having any contact with, animals of
any kind and require the convicted person to immediately deliver all animals in his or her
possession to a designated public entity for adoption or other lawful disposition or
provide proof to the court that the person no longer has possession, care, or control of any
animals. In the event of the acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the release of seized or impounded animals
upon a showing of proof of ownership. Any questions regarding ownership shall be
determined in a separate hearing by the court where the criminal case was finally
adjudicated and the court shall hear testimony from any persons who may assist the court
in determining ownership of the animal. If the owner is determined to be unknown or the
owner is prohibited or unable to retain possession of the animals for any reason, the court
shall order the animals to be released to the appropriate public entity for adoption or other
lawful disposition. This section is not intended to cause the release of any animal, bird,
reptile, amphibian, or fish, seized or impounded pursuant to any other statute, ordinance,
or municipal regulation. This section shall not prohibit the seizure or impoundment of
animals as evidence as provided for under any other provision of law.
(1) It shall be the duty of all peace officers, humane society officers, and animal control
officers to use all currently acceptable methods of identification, both electronic and
otherwise, to determine the lawful owner or caretaker of any seized or impounded
animal. It shall also be their duty to make reasonable efforts to notify the owner or
caretaker of the whereabouts of the animal and any procedures available for the lawful
recovery of the animal and, upon the owner's and caretaker's initiation of recovery
procedures, retain custody of the animal for a reasonable period of time to allow for
completion of the recovery process. Efforts to locate or contact the owner or caretaker
and communications with persons claiming to be the owner or caretaker shall be recorded
and maintained and be made available for public inspection.
SEC. 20. Section 599d is added to the Penal Code, to read:
599d. (a) It is the policy of the state that no adoptable animal should be euthanized if it
can be adopted into a suitable home. Adoptable animals include only those animals eight
weeks of age or older that, at or subsequent to the time the animal is impounded or
otherwise taken into possession, have manifested no sign of a behavioral or
temperamental defect that could pose a health or safety risk or otherwise make the animal
unsuitable for placement as a pet, and have manifested no sign of disease, injury, or
congenital or hereditary condition that adversely affects the health of the animal or that is
likely to adversely affect the animal's health in the future.
Appendix III-14
(b) It is the policy of the state that no treatable animal ,should be euthanized. A treatable
animal shall include any animal that is not adoptable but that could become adoptable
with reasonable efforts. This subdivision, by itself, shall not be the basis of liability for
damages regarding euthanasia.
SEC. 21. Sections 12 and 13 of this act shall become operative on July 1, 1999.
SEC. 22. Notwithstanding Section 17610 of the Government Code, if the Commission on
State Mandates determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for reimbursement does not exceed
one million dollars ($1,000,000), reimbursement shall be made from the State Mandates
Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the
provisions of this act shall become operative on the same date that the act takes effect
pursuant to the California Constitution.
Appendix III-15
AB 1856 Dogs and cats: overpopulation: spaying and neutering
BILL NUMBER: AB 1856 CHAPTERED 09/23/98
CHAPTER 747
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 1998
APPROVED BY GOVERNOR SEPTEMBER 22, 1998
PASSED THE ASSEMBLY AUGUST 27, 1998
PASSED THE SENATE AUGUST 26, 1998
AMENDED IN SENATE AUGUST 20, 1998
AMENDED IN SENATE JULY 7, 1998
AMENDED IN SENATE JUNE 30, 1998
AMENDED IN ASSEMBLY MAY 19, 1998
AMENDED IN ASSEMBLY APRIL 30, 1998
AMENDED IN ASSEMBLY APRIL 27, 1998
AMENDED IN ASSEMBLY MARCH 24, 1998
AMENDED IN ASSEMBLY MARCH 19, 1998
INTRODUCED BY Assembly Member Vincent (Coauthor: Assembly Member
Strom -Martin)
FEBRUARY 13, 1998
An act to amend, repeal, -and add Section 30503 of, to amend, renumber, and repeal
Section 31751 of, to add Section 31751.3 to, to add a chapter heading immediately
preceding Section 31751 of, and to add and repeal Sections 30504, 30804.7, and 31751.7
of, and Chapter 1.5 (commencing with Section 30520) to Division 14 of, and Chapter 2
(commencing with Section 31760) to Division 14.5 of, the Food and Agricultural Code,
relating to dogs and cats.
LEGISLATIVE COUNSEL'S DIGEST
AB 1856, Vincent. Dogs and cats: overpopulation: spaying and neutering.
(1) Existing law prohibits each public pound, society for the prevention of cruelty to
animals shelter, and humane shelter from selling or giving away any dog or cat that has
not been spayed or neutered, unless a $40 deposit for spaying or neutering the dog or a
$30 deposit for neutering the cat has been tendered, as prescribed.
This bill would, with regard to counties whose population exceeds 100,000 persons, and
cities within those counties, revise the provisions governing the payment of a deposit to
Appendix 1H-16
require a person who adopts or purchases a dog or cat that is too sick or injured to be
spayed or neutered to pay a deposit to the appropriate entity, which would be refunded if
the dog or cat is spayed or neutered when it is healthy. The bill would require that the
funds from unclaimed deposits be expended only for spaying or neutering programs.
The bill would require the owner of a non
spayed or unneutered dog or cat that is impounded by a public animal control agency or
shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or
rescue group to be fined, as prescribed, for the first, 2nd, 3rd, and subsequent
occurrences, thereby imposing a state -mandated local program by imposing new duties
on local agencies. The bill would immunize cities and counties, societies for the
prevention of cruelty to animals, and humane societies from an action by the owner of a
dog or cat for spaying or neutering the dog or cat in accordance with the bill. The bill
would make any person who commits specified violations subject to a civil penalty of not
less than $50 on a first violation and a civil penalty of not less than $100 on any 2nd or
subsequent violation.
The bill, with respect to counties with a population of less than 100,000, on January 1,
2000, would prohibit a public animal control agency or shelter, society for the prevention
of cruelty to animals shelter, humane society shelter, or rescue group from selling or
giving away any cat or dog that has not been spayed or neutered, in accordance with
prescribed requirements.
The bill would make related changes. The bill would become operative on January 1,
2000, and would remain in effect only until January 1, 2006, and on that date would be
repealed unless a later enacted statute deletes or extends that date.
(2) 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.
SECTION 1. (a) The Legislature finds and declares that overpopulation of dogs and cats
in California is a problem of great public concern. The overpopulation causes public
health problems, adversely affects city and county animal control departments, and
results in needlessly euthanized dogs and cats.
(b) It is the intent of the Legislature, by enacting this act, to reduce the number of
unwanted dogs and cats in California. In order to reduce the number of stray dogs and
cats on the streets, and the number euthanized in shelters each year, the birth rate must be
reduced. Although the point may seem obvious, humans generally give birth to a single
offspring, while dogs and cats give birth to litters. Additionally, dogs and cats reach
sexual maturity relatively young and their gestation periods are comparatively short. The
single most effective prevention of overpopulation, among dogs and cats is spaying and
neutering.
SEC. 2. Section 30503 of the Food and Agricultural Code is amended to read:
Appendix TU-17
30503. (a) Except as otherwise provided in subdivision (b), no public animal control
agency or shelter, society for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group shall sell or give away to a new owner any dog that has not been
spayed or neutered.
For the purposes of this section a rescue group is a for profit or not for profit entity, or a
collaboration of individuals with at least one of its purposes being the sale or placement
of dogs that have been removed from a public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, or humane shelter or that have been
previously owned by any person other than the original breeder of that dog.
(b) If a veterinarian licensed to practice veterinary medicine in this state certifies that a
dog is too sick or injured to be spayed or neutered, or that it would otherwise be
detrimental to the health of the dog to be spayed or neutered, the adopter or purchaser
shall pay the public animal control agency or shelter, society for the prevention of cruelty
to animals shelter, humane society shelter, or rescue group a deposit of not less than forty
dollars ($40), and not more than seventy-five dollars ($75). The entity shall establish the
amount of the deposit at the level it determines is necessary to encourage the spaying or
neutering of dogs. The deposit shall be temporary, and shall only be retained until the dog
is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to
practice veterinary medicine in this state. The dog shall be spayed or neutered within 14
business days of that certification. The adopter or purchaser shall obtain written proof of
spaying or neutering from the veterinarian performing the operation. If the adopter or
purchaser presents proof of spaying or neutering to the entity from which the dog was
obtained within 30 business days of obtaining the proof, the adopter or purchaser shall
receive a full refund of the deposit.
(c) Public animal control agencies or shelters, society for the prevention of cruelty to
animals shelters, humane society shelters, and rescue groups may enter into cooperative
agreements with each other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
(d) Any funds from unclaimed deposits made pursuant to this section, as it read on
January 1, 1999, and any funds from deposits that are unclaimed after January 1, 2000,
may be expended only for programs to spay or neuter dogs and cats, including
agreements with a society for the prevention of cruelty to animals or a humane society or
licensed veterinarian to operate a program to spay or neuter dogs and cats.
(e) This section only applies to a county that has a population exceeding 100,000 persons
as of January 1, 2000, and to cities within that county.
(f) This section shall remain in effect only until January 1, 2006, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or
extends that date.
SEC. 2.3. Section 30503 is added to the Food and Agricultural Code, to read:
30503. (a) No public pound, society for the prevention of cruelty to animals shelter, or
humane shelter shall sell or give away any dog that has not been spayed or neutered,
Appendix TIT-18
unless a deposit for spaying or neutering the dog has been tendered to the pound or
shelter. The deposit shall be in the amount determined by the pound or shelter to be
comparable to the lowest fee charged by veterinarians in the locale, but shall not exceed
forty dollars ($40). A veterinarian shall perform the operation. If a female dog and her
puppies are sold or given away to one individual, only a single deposit shall be required.
The pound or shelter may make appropriate arrangements for the spaying or neutering of
the dog, or may return the deposit to the person purchasing or receiving the dog upon
presentation of a written statement or receipt from the veterinarian or clinic that the dog
has been spayed or neutered. The deposit may also include an amount necessary to
recover any additional costs under this section.
(b) Any dog over six months of age at the time it is sold or given away by the pound or
shelter shall be spayed or neutered within 60 days, or the deposit shall be deemed
unclaimed. Any dog six months of age or younger at the time it is sold or given away by
the pound or shelter shall be spayed or neutered within six months, or the deposit shall be
deemed unclaimed.
(c) Any deposit not claimed under subdivision (a) shall be used only for the following
purposes:
(1) A public education program to prevent overpopulation of dogs and cats.
(2) A program to spay or neuter dogs and cats.
(3) A followup program to assure that animals sold or given away by the pound or shelter
are spayed or neutered.
(4) Any additional costs incurred under this section.
(d) Public pounds, society for the prevention of cruelty to animals shelters, and humane
shelters may enter into cooperative agreements with each other and with veterinarians in
carrying out this section.
(e) This section shall become operative on January 1, 2006.
SEC. 2.5. Section 30504 is added to the Food and Agricultural Code, to read:
30504. (a) For purposes of this division, each member of a litter of puppies, weaned or
unweaned, shall be treated as an individual animal.
(b) This section shall remain in effect only until January 1, 2006, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or
extends that date.
SEC. 3. Chapter 1.5 (commencing with Section 30520) is added to Division 14 of the
Food and Agricultural Code, to read:
CHAPTER 1.5. SPECIAL PROVISIONS APPLICABLE TO COUNTIES WITH A
POPULATION OF LESS THAN 100,000 PERSONS
Appendix III-19
30520. (a) This chapter only applies to a county that has a population of less than 100,000
persons as of January 1, 2000, and to cities within that county. A county whose
population exceeds 100,000 persons in a year subsequent to January 1, 2000, shall be
subject to Chapter 1 (commencing with Section 30501) commencing on January 1 of the
year immediately following the year in which the population of that county exceeds
100,000 persons.
(b) Except as otherwise provided in this chapter, no public animal control agency or
shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or
rescue group shall sell or give away any dog that has not been spayed or neutered.
(c) A public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group may not transfer to a new owner
a dog that has not been spayed or neutered, except as provided in subdivision (d).
(d) A public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group may transfer to a new owner a
dog that has not been spayed or neutered only if the animal shelter does both of the
following:
(1) Requires a written agreement, executed by the recipient, acknowledging the dog is not
spayed or neutered and the recipient agrees in writing to be responsible for ensuring the
dog will be spayed or neutered within 30 business days after the agreement is signed.
(2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40)
and not more than seventy-five dollars ($75), the terms of which are part of the written
agreement executed by the recipient under this section.
(e) Public animal control agencies or shelters, society for the prevention of cruelty to
animals shelters, humane society shelters, and rescue groups may enter into cooperative
agreements with each other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
30521. (a) A spaying or neutering deposit may be either of the following:
(1) A portion of the adoption fee or other fees rendered in acquiring the dog, which will
enable the adopter to take the dog for spaying or neutering to a veterinarian with whom
the public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group has an agreement that provides
that the veterinarian will bill the shelter directly for the sterilization.
(2) A deposit that is both of the following:
(A) Refundable to the recipient if proof of spaying or neutering of the dog is presented to
the public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group not more than 30 business days
after the date the dog is spayed or neutered.
Appendix IH-20
(B) Forfeited to the public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or
neutering is not presented to the animal shelter within 30 business days.
(b) A spaying or neutering deposit shall be in the amount determined by the shelter, but
shall not be less than forty dollars ($40) and shall not exceed seventy-five dollars ($75).
(c) All spaying or neutering deposits forfeited or unclaimed under this section shall be
retained by the public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group and shall be used by
the public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group only for the following purposes:
(1) A program to spay or neuter dogs and cats.
(2) A public education program to reduce and prevent overpopulation of dogs and cats,
and the related costs to local government.
(3) A followup program to ensure that dogs and cats transferred by the public animal
control agency or shelter, society for the prevention of cruelty to animals shelter, humane
society shelter, or rescue group are spayed or neutered in accordance with the agreement
executed under subdivision (d) of Section 30520.
(4) Any additional costs incurred by the public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in
the administration of the requirements of this chapter.
30522. (a) (1) If a recipient fails to comply with the spaying or neutering agreement
within 30 business days after the agreement is signed, the recipient shall forfeit the
sterilization deposit and is subject to a fine pursuant to Section 30523.
(2) An animal control officer, humane officer, police officer, peace officer, or any agency
authorized to enforce the Penal Code may write citations with a civil penalty stated in an
amount corresponding to -the violation as provided in Section 30523. The fines shall be
paid to the local municipality or public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane shelter, or rescue group. Any funds
collected under this section shall be expended for the purpose of humane education,
programs for low-cost spaying and neutering of dogs and cats, and any additional costs
incurred by the animal shelter in the administration of the requirements of this chapter.
(3) If the owner, at any time subsequent to 30 business days after the spaying or neutering
agreement was signed, provides proof of spaying or neutering, the deposit shall be
forfeited, but any fine levied but not yet paid, shall be waived.
(b) A public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group may extend the date by which
spaying or neutering is to be completed at its discretion for good cause shown. Any
extension shall be in writing.
Appendix III-21
(c) If a veterinarian licensed to practice veterinary medicine in this state certifies that a
dog is too sick or injured to be spayed or neutered, or that it would otherwise be
detrimental to the health of the dog to be spayed or neutered, the adopter or purchaser
shall pay the public animal control agency or shelter, society for the prevention of cruelty
to animals shelter, humane society shelter, or rescue group a deposit of not less than forty
dollars ($40), and not more than seventy-five dollars ($75). The entity shall establish the
amount of the deposit at the level it determines is necessary to encourage the spaying or
neutering of dogs. The deposit shall be temporary, and shall be retained only until the dog
is healthy enough to be spayed or neutered as certified by a veterinarian licensed to
practice veterinary medicine in this state. The dog shall be spayed or neutered within 14
business days of that certification. The adopter or purchaser shall obtain written proof of
spaying or neutering from the veterinarian performing the operation. If the adopter or
purchaser presents proof of spaying or neutering to the entity from which the dog was
obtained within 30 business days, the adopter or purchaser shall receive a full refund of
the deposit.
(d) If an adopted dog dies within the spaying or neutering period provided for in the
written agreement pursuant to Section 30520, subdivision (c) shall not apply to the dog.
In that case, the recipient may receive a reimbursement of the sterilization deposit by
submitting to the public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group within the sterilization
period a signed letter from a veterinarian licensed to practice medicine in this state stating
that the animal has died. The letter shall include a description of the dog.
30523. (a) (1) A person who commits any violation of subdivision (b) is subject to a civil
penalty of not less than fifty dollars ($50) on a first violation of subdivision (b), and a
civil penalty of not less than one hundred dollars ($100) on any second or subsequent
violation of subdivision (b).
(2) An action for a penalty proposed under this section may be commenced by the
administrator of the public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group from which the
recipient obtained the animal that is the subject of the violation in a court of competent
jurisdiction.
(b) A person is subject to the civil penalties pursuant to subdivision (a) if that person does
any of the following:
(1) Falsifies any proof of spaying or neutering submitted for the purpose of compliance
with this chapter.
(2) Provides to a public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group or a licensed
veterinarian inaccurate information regarding ownership of any dog required to be
submitted for spaying or neutering under this chapter.
(3) Submits to a public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group false information
regarding sterilization fees or fee schedules.
Appendix IR-22
(4) Issues a check for insufficient funds for any spaying or neutering deposit required
under this chapter.
(c) All penalties collected under this section shall be retained by the public animal control
agency or shelter, society for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group imposing the penalties, to be used solely for purposes provided
for under subdivision (c) of Section 30521.
30524. Local ordinances concerning the adoption or placement procedures of any public
animal control agency or shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group shall be at least as restrictive as this chapter.
30525. Whenever a dog license tag is issued pursuant to this division, the tag shall be
issued for one-half or less of the fee required for a dog, if a certificate is presented from a
licensed veterinarian that the dog has been spayed or neutered.
30526. This chapter shall remain in effect only until January 1, 2006, and as of that date
is repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or
extends that date.
SEC. 4. Section 30804.7 is added to the Food and Agricultural Code, to read:
30804.7. (a) The owner of a nonspayed or unneutered dog that is impounded once by a
city or county animal control agency or shelter, society for the prevention of cruelty to
animals, or humane society, shall be fined thirty-five dollars ($35) on the first occurrence,
fifty dollars ($50) on the second occurrence, and one hundred dollars ($100) for the third
or subsequent occurrence. These fines are for unneutered impounded animals only, and
are not in lieu of any fines or impound fees imposed by any individual city, county,
public animal control agency or shelter, society for the prevention of cruelty to animals
shelter, or humane society shelter.
(b) An animal control officer, humane officer, police officer, peace officer, or any agency
authorized to enforce the Penal Code may write citations with a civil penalty stated in an
amount corresponding to the violation as provided in subdivision (a). The fines shall be
paid to the local municipality or public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, or humane society shelter. Any funds collected
under this section shall be expended for the purpose of humane education, programs for
low cost spaying and neutering of dogs, and any additional costs incurred by the public
animal control agency or shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group in the administration of the requirements of this
division.
(c) This section applies to each county and cities within each county, regardless of
population.
(d) No city or county, society for the prevention of cruelty to animals, or humane society
is subject to any civil action by the owner of a dog that is spayed or neutered in
accordance with this section.
Appendix III-23
(e) This section shall remain in effect only until January 1, 2006, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or
extends that date.
SEC. 5. A chapter heading is added immediately preceding Section 31751 of the Food
and Agricultural Code, to read:
CHAPTER 1. REGULATION OF CATS GENERALLY
SEC. 6. Section 31751 of the Food and Agricultural Code is amended and renumbered to
read:
31751.3. (a) Except as otherwise provided in subdivision. (b), no public animal control
agency or shelter, society for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group shall sell or give away to a new owner any cat that has not been
spayed or neutered.
For the purposes of this section, a rescue group is a for profit or not for profit entity, or a
collaboration of individuals with at least one of its purposes being the sale or placement
of cats that have been removed from a public animal control agency or shelter, society for
the prevention of cruelty to animals shelter, or humane shelter or that have been
previously owned by any person other than the original breeder of that cat.
(b) If a veterinarian licensed to practice veterinary medicine in this state certifies that a
cat is too sick or injured to be spayed or neutered, or that it would otherwise be
detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser
shall pay the public animal control agency or shelter, society for the prevention of cruelty
to animals shelter, humane society shelter, or rescue group a deposit of not less than forty
dollars ($40), and not more than seventy-five dollars ($75). The entity shall establish the
amount of the deposit at the level it determines is necessary to encourage the spaying or
neutering of cats. The deposit shall be temporary, and shall only be retained until the cat
is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to
practice veterinary medicine in this state. The cat shall be spayed or neutered within 14
business days of that certification. The adopter or purchaser shall obtain written proof of
spaying or neutering from the veterinarian performing the operation. If the adopter or
purchaser presents proof of spaying or neutering to the entity from which the cat was
obtained within 30 business days of obtaining the proof, the adopter or purchaser shall
receive a full refund of the deposit.
(c) Public animal control agencies or shelters, society for the prevention of cruelty to
animals shelters, humane society shelters, and rescue groups may enter into cooperative
agreements with each other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
(d) Any funds from unclaimed deposits made pursuant to this section, as it read on
January 1, 1999, and any funds from deposits unclaimed after January 1, 2000, may be
expended only for programs to spay or neuter cats and dogs, including agreements with a
society for the prevention of cruelty to animals or a humane society or licensed
veterinarian, to operate a program to spay or neuter cats and dogs.
Appendix III-24
(e) This section only applies to a county that has a population exceeding 100,000 persons
as of January 1, 2000, and to cities within that county.
(f) This section shall remain in effect only until January 1, 2006, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or
extends that date.
SEC. 6.3. Section 31751.3 is added to the Food and Agricultural Code, to read:
31751.3. (a) No public pound, society for the prevention of cruelty to animals shelter, or
humane ,shelter shall sell or give away any cat that has not been spayed or neutered,
unless a deposit for spaying or neutering the cat has been tendered to the pound or
shelter. The deposit shall be in the amount determined by the pound or shelter to be
comparable to the lowest fee charged by veterinarians in the locale, but shall not exceed
thirty dollars ($30). A veterinarian shall perform the operation. If a female cat and her
kittens are sold or given away to one individual, only a single deposit shall be required.
The pound or shelter may make appropriate arrangements for the spaying or neutering of
the cat, or may return the deposit to the person purchasing or receiving the cat upon
presentation of a written statement or receipt from the veterinarian or clinic that the cat
has been spayed or neutered. The deposit may also include the amount necessary to
recover any additional costs under this section.
(b) All cats over six months of age at the time they are sold or given away by the pound
or shelter shall be spayed or neutered within 60 days, or the deposit shall be deemed
unclaimed. All cats six months of age or younger at the time they are sold or given away
by the pound or shelter shall be spayed or neutered within six months, or the deposit shall
be deemed unclaimed.
(c) Any deposits not claimed under subdivision (a) shall be used only for the following
purposes:
(1) A public education program to prevent overpopulation of cats and dogs.
(2) A program to spay or neuter cats and dogs.
(3) A followup program to assure that animals sold or given away by the pound or shelter
are spayed or neutered.
(4) Any additional costs incurred under this section.
(d) Public pounds, society for the prevention of cruelty to animals shelters, and humane
shelters may enter into cooperative agreements with each other and with veterinarians in
carrying out this section.
(e) This section shall become operative on January 1, 2006.
SEC. 6.5. Section 31751 is added to the Food and Agricultural Code, to read:
31751. (a) For the purposes of this division, each member of a litter of kittens, weaned or
unweaned, shall be treated as an individual animal.
Appendix III-25
(b) This section shall remain in effect only until January 1, 2006, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or
extends that date.
SEC. 7. Section 31751.7 is added to the Food and Agricultural Code, to read:
31751.7. (a) The owner of a nonspayed or unneutered cat that is impounded once by a
city or county animal control agency or shelter, society for the prevention of cruelty to
animals, or humane society, shall be fined thirty-five dollars ($35) on the first occurrence,
fifty dollars ($50) on the second occurrence, and one hundred dollars ($100) for the third
or subsequent occurrence. These fines are for unneutered impounded animals only, and
are not in lieu of any fines or impound fees imposed by any individual city, county,
public animal control agency or shelter, society for the prevention of cruelty to animals
shelter, or humane society shelter.
(b) An animal control officer, humane officer, police officer, peace officer, or any agency
authorized to enforce the Penal Code may write citations with a civil penalty stated in an
amount corresponding to the violation as provided in subdivision (a). The fines shall be
paid to the local municipality or public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, or humane society shelter. Any funds collected
under this section shall be expended for the purpose of humane
education, programs for low cost spaying and neutering of cats, and any additional costs
incurred by the animal shelter in the administration of the requirements of this division.
(c) Local ordinances concerning the adoption or placement procedures of any public
animal control agency or shelter, society for the prevention of cruelty to animals shelter,
humane society shelter, or rescue group shall be at least as restrictive as this division.
(d) This section applies to each county and cities within each county, regardless of
population.
(e) No city or county, society for the prevention of cruelty to animals, or humane society
is subject to any civil action by the owner of a cat that is spayed or neutered in
accordance with this section.
(f) This section shall remain in effect only until January 1, 2006, and as of that date is
repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or
extends that date.
SEC. 8. Chapter 2 (commencing with Section 31760) is added to Division 14.5 of the
Food and Agricultural Code, to read:
CHAPTER 2. SPECIAL PROVISIONS APPLICABLE TO COUNTIES WITH A
POPULATION OF LESS THAN 100,000 PERSONS
31760. (a) This chapter only applies to a county that has a population of less than 100,000
persons as of January 1, 2000, and to cities within that county. A county whose
population exceeds 100,000 persons in a year subsequent to January 1, 2000, shall be
subject to Chapter 1 (commencing with Section 31751) commencing on January I of the
Appendix III-26
year immediately following the year in which the population of that county exceeds
100,000 persons.
(b) Except as otherwise provided in this chapter, no public animal control agency or
shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or
rescue group shall sell or give away any cat that has not been spayed or neutered.
(c) A public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group may not transfer to a new owner
a cat that has not been spayed or neutered, except as provided in subdivision (d).
(d) A public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group may transfer to a new owner a
cat that has not been spayed or neutered only if the public animal control agency or
shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or
rescue group does both of the following:
(1) Requires a written agreement, executed by the recipient, acknowledging the cat is not
spayed or neutered and the recipient agrees in writing to be responsible for ensuring the
cat will be spayed or neutered within 30 business days after the agreement is signed.
(2) Receives from the recipient a sterilization deposit of not less than forty dollars ($40)
and not more than seventy-five dollars ($75), the terms of which are part of the written
agreement executed by the recipient under this section.
(e) Public animal control agencies or shelters, society for the prevention of cruelty to
animals shelters, humane society shelters, and rescue groups may enter into cooperative
agreements with each other and with veterinarians in lieu of requiring spaying and
neutering deposits to carry out this section.
31761. (a) A spaying or neutering deposit may be either of the following:
(1) A portion of the adoption fee or other fees rendered in acquiring the cat, which will
enable the adopter to take_ the cat for spaying or neutering to a veterinarian with whom
the public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group has an agreement that provides
that the veterinarian will bill the shelter directly for the sterilization.
(2) A deposit that is both of the following:
(A) Refundable to the recipient if proof of spaying or neutering of the cat is presented to
the public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group not more than 30 business days
after the date the cat is spayed or neutered.
(B) Forfeited to the public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group if proof of spaying or
neutering is not presented to the animal shelter within 30 business days.
Appendix I1I-27
(b) Deposits shall be in the amount determined by the shelter, but shall not be less than
forty dollars ($40) and shall not exceed seventy-five dollars ($75).
(c) All spaying or neutering deposits forfeited or unclaimed under this section shall be
retained by the public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group and shall be used by
the public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group only for the following purposes:
(1) A program to spay or neuter dogs and cats.
(2) A public education program to reduce and prevent overpopulation of dogs and cats,
and the related costs to local government.
(3) A followup program to ensure that dogs and cats transferred by the public animal
control agency or shelter, society for the prevention of cruelty to animals shelter, humane
society shelter, or rescue group are spayed or neutered in accordance with the agreement
executed under subdivision (d) of Section 31760.
(4) Any additional costs incurred by the public animal control agency or shelter, society
for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in
the administration of the requirements of this chapter. .
31762. (a) (1) If a recipient fails to comply with the spaying or neutering agreement
within 30 business days after the agreement is signed, the recipient shall forfeit the
sterilization deposit and is subject to a fine pursuant to Section 31763.
(2) An animal control officer, humane officer, police officer, peace officer, or any agency
authorized to enforce the Penal Code may write citations with a civil penalty stated in an
amount corresponding to the violation as provided in Section 31763. The fines shall be
paid to the local municipality or public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or rescue group. Any
funds collected under this section shall be expended for the purpose of humane education,
programs for low cost spaying and neutering of cats and any additional costs incurred by
the public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group in the administration of the
requirements of this chapter. This subdivision is applicable within any county.
(3) If the owner, at any time subsequent to 30 business days after the spaying or neutering
agreement was signed, provides proof of spaying or neutering, the deposit shall be
forfeited, but any fine levied but not yet paid, shall be waived.
(b) A public animal control agency or shelter, society for the prevention of cruelty to
animals shelter, humane society shelter, or rescue group may extend the date by which
spaying or neutering is to be completed at its discretion for good cause shown. Any
extension shall be in writing.
(c) If a veterinarian licensed to practice veterinary medicine in this state certifies that a
cat is too sick or injured to be spayed or neutered, or that it would otherwise be
detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser
Appendix III-28
shall pay the public animal control agency or shelter, society for the prevention of cruelty
to animals shelter, humane society shelter, or rescue group a deposit of not less than forty
dollars ($40), and not more than seventy-five dollars ($75). The entity shall establish the
amount of the deposit at the level it determines is necessary to encourage the spaying or
neutering of cats. The deposit shall be temporary, and shall be retained only until the cat
is healthy enough to be spayed or neutered as certified by a veterinarian licensed to
practice veterinary medicine in this state. The cat shall be spayed or neutered within 14
business days of that certification. The adopter or purchaser shall obtain written proof of
spaying or neutering from the veterinarian performing the operation. If the adopter or
purchaser presents proof of spaying or neutering to the entity from which the cat was
obtained within 30 business days, the adopter or purchaser shall receive a full refund of
the deposit.
(d) If an adopted cat dies within the spaying or neutering period provided for in the
written agreement pursuant to Section 31760, subdivision (c) shall not apply to the cat. In
that case, the recipient may receive a reimbursement of the sterilization deposit by
submitting to the public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group within the sterilization
period a signed letter from a veterinarian licensed to practice medicine in this state stating
that the animal has died. The letter shall include a description of the cat.
31763. (a) (1) A person who commits any violation of subdivision (b) is subject to a civil
penalty of not less than fifty dollars ($50) on a first violation of subdivision (b), and a
civil penalty of not less than one hundred dollars ($100) on any second or subsequent
violation of subdivision (b).
(2) An action for a penalty proposed under this section may be commenced by the
administrator of the public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group from which the
recipient obtained the animal that is the subject of the violation in a court of competent
jurisdiction.
(b) A person is subject to the civil penalties pursuant to subdivision (a) if that person does
any of the following:
(1) Falsifies any proof of spaying or neutering submitted for the purpose of compliance
with this chapter.
(2) Provides to a public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group or a licensed
veterinarian inaccurate information regarding ownership of any cat required to be
submitted for spaying or neutering under this chapter.
(3) Submits to a public animal control agency or shelter, society for the prevention of
cruelty to animals shelter, humane society shelter, or rescue group false information
regarding sterilization fees or fee schedules.
(4) Issues a check for insufficient funds for any spaying or neutering deposit required
under this chapter.
Appendix III-29
(c) All penalties collected under this section shall be retained by the public animal control
agency or shelter, society for the prevention of cruelty to animals shelter, humane society
shelter, or rescue group imposing the penalties, to be used solely for purposes provided
for under subdivision (c) of Section 31761.
31764. Local ordinances concerning the adoption or placement procedures of any animal
shelter shall be at least as restrictive as this chapter.
31765. Whenever a county, or a city that is within a county to which this chapter applies,
requires cat license tags, the tag shall be issued for one-half or less of the fee required for
a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed
or neutered.
31766. This chapter shall remain in effect only until January 1, 2006, and as of that date
is repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or
extends that date.
SEC. 9. This act shall become operative on January 1, 2000.
SEC. 10. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB
of the California Constitution because a local agency or school district has the authority
to levy service charges, fees, or assessments sufficient to pay for the program or level of
service mandated by this act, within the meaning of Section 17556 of the Government
Code.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the
provisions of this act shall become operative on the same date that the act takes effect
pursuant to the California Constitution.
Appendix III-30
BILL NUMBER: AB 2754 CHAPTERED
BILL TEXT
CHAPTER 567
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2000
APPROVED BY GOVERNOR SEPTEMBER 18, 2000
PASSED THE SENATE AUGUST 31, 2000
PASSED THE ASSEMBLY AUGUST 31, 2000
AMENDED IN SENATE AUGUST 30, 2000
AMENDED IN SENATE AUGUST 18, 2000
AMENDED IN SENATE AUGUST 7, 2000
AMENDED IN ASSEMBLY MAY 26, 2000
AMENDED IN ASSEMBLY MAY 16, 2000
AMENDED IN ASSEMBLY APRIL 25, 2000
AMENDED IN ASSEMBLY APRIL 6, 2000
INTRODUCED BY Assembly Member House
(Principal coauthor: Assembly Member Strom -Martin)
FEBRUARY 25, 2000
An act to amend Sections 31108, 31752, 31753, and 31754 of, and to
add Sections 31108.5 and 31752.2 to, the Food and Agricultural Code,
relating to stray animals.
LEGISLATIVE COUNSEL'S DIGEST
AB 2754, House. Stray animals.
(1) Existing law provides that the required holding period for a
stray dog or cat impounded by a pound or shelter shall be 6 business
days, except that under specified circumstances the holding period
shall be 4 business days. Existing law provides that stray animals
shall be held for owner redemption during the first 3 days of the
holding period, not including the day of impoundment, and shall be
available for owner redemption or adoption for the remainder of the
holding period. Existing law provides that any stray animal that is
impounded shall, prior to the killing of that animal for any reason
other than irremediable suffering, be released to a nonprofit animal
rescue or adoption organization if requested by the organization
prior to the scheduled killing of that animal. Existing law provides
that in addition to any required spay or neuter deposit, the pound
or shelter, at its discretion, may assess a fee, not to exceed the
Appendix I I-31
standard adoption fee, for animals released. A violation of these
provisions is an infraction, punishable as specified.
This bill would revise the above provisions to instead provide
that, except as specified, the holding period would be 6 business
days, not counting the day of impoundment, that any stray dog or cat
that is impounded shall, prior to the euthanasia of the dog or cat,
be released to a nonprofit animal rescue or adoption organization if
requested by the organization prior to the scheduled euthanasia of
that animal, and that in addition to any required spay or neuter
deposit, the public or private shelter, at its discretion, may assess
a fee, not to exceed the standard adoption fee, for animals adopted
or released. The bill would require a person, upon relinquishing a
dog or cat to a pound or shelter, to sign a statement that he or she
is the lawful owner. Providing false information would make the
person liable to the true owner in the amount of a fine of $1,000.
The bill would make conforming changes to a related provision
involving other specified animals. By revising existing and creating
new crimes, this bill would impose a state -mandated local program
upon local governments.
(2) Existing law provides that any animal relinquished by the
purported owner that is of a species impounded by pounds or shelters
shall be held for 2 full business days, not including the date of
impoundment. Existing law provides that the animal shall be
available for owner redemption for the first day, not including the
date of impoundment; shall be available for owner redemption or
adoption for the 2nd day; and after the 2nd required day, the animal
may be held longer, killed, or relinquished to a nonprofit animal
adoption organization, as defined in the Internal Revenue Code.
Existing law provides that these provisions shall become inoperative
on July 1, 2001, and shall be repealed as of January 1, 2002. A
violation of any of these provisions is an infraction, punishable as
specified. This bill would extend the operation of these provisions until
July 1, 2002, and, thereafter, would instead provide that, except as
specified, the holding period would be 6 business days, not counting
the day of impoundment, and that any animal relinquished by the
purported owner that is of a species impounded by public or private
shelters shall be available for owner redemption or adoption during
the entire holding period, and after the holding period, the animal
may be adopted by a new owner, held longer, euthanized, or released
to a nonprofit animal adoption organization. The bill would
authorize these shelters to enter into cooperative agreements with
any animal rescue or adoption organization. By revising existing
crimes, this bill would impose a state -mandated local program upon
local governments.
(3) This bill would incorporate additional changes in Section
31754 proposed by AB 1786, to be operative if AB 1786 and this bill
Appendix III-32
are both enacted and become effective on or before January 1, 2001,
and this bill is enacted last.
(4) 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.
THE PEOPLE OF THE STATE OF CAL11FORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 31108 of the Food and Agricultural Code is
amended to read:
31108. (a) The required holding period for a stray dog impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows: .
(1) If the public or private shelter has made the dog available
for owner redemption on one weekday evening until at least 7:00 p.m.
or one weekend day, the holding period shall be four business days,
not including the. day of impoundment.
(2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their dogs by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
Except as provided in Section 17006, stray dogs shall be held for
owner redemption during the first three days of the holding period,
not including the day of impoundment, and shall be available for
owner redemption or adoption for the remainder of the holding period.
(b) Except as provided in Section 17006, any stray dog that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal. The public or private shelter may enter
into cooperative agreements with any animal rescue or adoption
organization. In addition to any required spay or neuter deposit,
the public or private shelter, at its discretion, may assess a fee,
not to exceed the standard adoption fee, for animals adopted or
released.
(c) During the holding period required by this section and prior
to the adoption or euthanasia of a dog impounded pursuant to this
Appendix III-33
division, a public or private shelter shall scan the dog for a
microchip that identifies the owner of that dog and shall make
reasonable efforts to contact the owner and notify him or her that
his or her dog is impounded and is available for redemption.
SEC. 2.. Section 31108.5 is added to the Food and Agricultural
Code, to read:
31108.5. (a) (1) Upon relinquishment of a dog to a public or
private shelter, the owner of that dog shall present sufficient
identification to establish his or her ownership of the dog and shall
sign a statement that he or she is the lawful owner of the dog.
(2) Any person who provides false information pursuant to this
subdivision about his or her ownership of the dog shall be liable to
the true owner of the dog in the amount of one thousand dollars
($1,000).
(b) Upon relinquishment, the dog may be trade available for
immediate euthanasia if it has a history of vicious or dangerous
behavior documented by the agency charged with enforcing state and
local animal laws.
SEC. 3. Section 31752 of the Food and Agricultural Code is amended
to read:
31752. (a) The required holding period for a stray cat impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
(1) If the public or private shelter has made the cat available
for owner redemption on one weekday evening until at least 7:00 p.m.
or one weekend day, the holding period shall be four business days,
not including the day of impoundment.
(2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their cats by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
Except as provided in Sections 17006 and 31752.5, stray cats shall
be held for owner redemption during the first three days of the
holding period, not including the day of impoundment, and shall be
available for owner redemption or adoption for the remainder of the
holding period.
(b) Except as provided in Section 17006, any stray cat that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal. In addition to any required spay or
neuter deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
Appendix III-34
adopted or released. The public or private shelter may enter into
cooperative agreements with any animal rescue or adoption
organization.
(c) During the holding period required by this section and prior
to the adoption or euthanasia of a cat impounded pursuant to this
division, a public or private shelter shall scan the cat for a
microchip that identifies the owner of that cat and shall make
reasonable efforts to contact the owner and notify him or her that
his or her cat is impounded and is available for redemption.
SEC. 4. Section 31752.2 is added to the Food and Agricultural
Code, to read:
31752.2. (a) Upon relinquishment of a cat to a public or private
shelter, the owner of that cat shall present sufficient
identification to establish his or her ownership of the cat and shall
sign a statement that he or she is the lawful owner of the cat.
(b) Any person who provides false information pursuant to this
subdivision about his or her ownership of the cat shall be liable to
the true owner of the cat in the amount of one thousand dollars
($1,000).
SEC. 5. Section 31753 of the Food and Agricultural Code is amended
to read:
31753. Any rabbit, guinea pig, hamster, potbellied pig, bird,
lizard, snake, turtle, or tortoise that is legally allowed as
personal property and that is impounded in a public or private
shelter shall be held for the same period of time, under the same
requirements of care, and with the same opportunities for redemption
and adoption by new owners or nonprofit, as defined in Section 501(c)
(3) of the Internal Revenue Code, animal rescue or adoption
organizations as provided for cats and dogs. Section 17006 shall
also apply to these animals. In addition to any required spay or
neuter deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
adopted by new owners or released to nonprofit animal rescue or
adoption organizations pursuant to this section.
SEC. 6. Section 31754 of the Food and Agricultural Code, as added
by Section 16 of Chapter 752 of the Statutes of 1998, is amended to
read:
31754. (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
public or private shelters shall be available for adoption or owner
redemption for two full business days, not including the day of
impoundment. After the holding period, the animal may be adopted by
a new owner, held longer, euthanized, or released to a nonprofit, as
defined in Section 501(c)(3) of the Internal Revenue Code, animal
adoption organization under the same conditions and circumstances
provided for stray dogs and cats in Sections 31108 and 31752.
(b) This section shall become operative on July 1, 1999. This
Appendix III-35
section shall become inoperative on July 1, 2002, and, as of January
1, 2003, is repealed, unless a later enacted statute that is enacted
before January 1, 2003, deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 6.5. Section 31754 of the Food and Agricultural Code is
amended to read:
31754. (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
public or private shelters shall be available for adoption or owner
redemption for two full business days, not including the day of
impoundment. After the holding period, the animal may be adopted
by a new owner, held longer, euthanized, or released to a nonprofit,
as defined in Section 501(c)(3) of the Internal Revenue Code, animal
adoption organization under the same conditions and circumstances
provided for stray dogs and cats in Sections 31108 and 31752.
(b) Notwithstanding subdivision (a), kittens or puppies
relinquished by the purported owner, or brought in by any other
person with authority to relinquish them, to public or private
shelters, may be available immediately for adoption.
(c) This section shall become operative on July 1, 1999. This
section shall become inoperative on July 1, 2002, and, as of January
1, 2003, is repealed, unless a later enacted statute that is enacted
before January 1, 2003, deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 7. Section 31754 of the Food and Agricultural Code, as added
by Section 16.5 of Chapter 752 of the Statutes of 1998, is amended to
read:
31754. (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
public or private shelters shall be held for the same holding
periods, with the same requirements of care, applicable to stray dogs
and cats in Sections 31108-and 31752, and shall be available for
owner redemption or adoption for the entire holding period.
(b) This section shall become operative on July 1, 2002.
SEC. 7.5. Section 31754 of the Food and Agricultural Code is
amended to read:
31754. (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
public or private shelters shall be held for the same holding
periods, with the same requirements of care, applicable to stray dogs
and cats in Sections 31108 and 31752, and shall be available for
owner redemption or adoption for the entire holding period.
(b) Notwithstanding subdivision (a), kittens or puppies
relinquished by the purported owner, or brought in by any other
person with authority to relinquish them, to public or private
shelters, may be available immediately for adoption.
(c) This section shall become operative on July 1, 2002.
Appendix III-36
SEC. 8. Section 6.5 of this bill incorporates amendments to
Section 31754 of the Penal Code, as added by Section 16 of Chapter
752 of the Statutes of 1998, proposed by both this bill and AB 1786.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2001, (2) each bill amends
Section 31754 of the Penal Code, and (3) this bill is enacted after
AB 1786, in which case Section 6 of this bill shall not become
operative.
SEC. 9. Section 7.5 of this bill incorporates amendments to
Section 31754 of the Penal Code, as added by Section 16.5 of Chapter
752 of the Statutes of 1998, proposed by both this bill and AB 1786.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2001, (2) each bill amends
Section 31754 of the Penal Code, and (3) this bill is enacted after
AB 1786, in which case Section 7 of this bill shall not become
operative.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime. within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Appendix III-37
g
a-
]FEMA DAP9523.19
DISASTER ASSISTANCE POLICY
j, 'rrn'E.- Eligible Costs Related to Pet Evacuations and Shelterinl
11L. PURPOSE.,
The purpose of this policy is to identify the expenses dated to State and local governments'
emergency pet evacuation and sheltering activities that may be eligible for reimbursement
following a major disaster or emergency declaratim.
IV. SCOPE AND AUDIENCE;
This policy is applicable to all major disasters and emergencies declared on or after .its date of
issuance. It is intended to be. used.by EEMA, personnel involved in making eligibility
determinations under the Public Assistance Program.
V. AUTHORITY:
Sections 403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), 42 U.S.C. 51.70b, 42 U.S.C. 519..2; the Pets Evacuation and Transportation
Standards Act (PETS .tact) of 2006, P.L. No.109-308, §'4,1.20 Stat.1725 (2006); dnd 44 CFR
206.223(a), 206.22.5(a).
I. BACKGROUND: -
On October 6, 2006, the PETS .Act was signed into Iaw, amending Section 403 of the Stafford,
Act. Section 403, as amended by the PETS Act, authorizes FEMA to provide rescue, care,
shelter, and essential needs for individuals with household pets and service animals, and to the
household pets and animals themselves following a major duster or emergency.
tt. POLICY -
A. Definitions:
1. Household Pet. A domesticated animal, such as a dog; catbird, rabbit, rodent, or
turtle that is traditionally kept in the home for pleasure rather than for commercial purposes,.
can travel in commercial carriers, and be housed in temporary facilities. Household pets do not
Page I of 5
_s DAP9523.19
.f, -1.rrmA
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DISASTER ASSISTANCE POLICY
include reptiles (except turtles), amphibians, fish, insects/arachnids, farm animals (including
horses), and animals kept for racing purposes.
2. Service Animal', Any guide dog, signal dog, or other animal individually trained to
provide: assistance .to an individual with:a disability including, but not limited to, guiding
individuals with impaired vision; alerting individuals with impaired hearing to intruders .or
sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching
dropped items.
3. Con re ate Household Pet Shelters. Any private or public facility that provides
refuge to reseed household pets and the. household pets of shelterees in, response to a declared
major disaster or emergency.
S. Eligibility._ State and local governments that receive evacuees from areas declared a
major disaster or an emergency may see%.reimbursement for eligible pet.rescue, sheltering, and
evacuation -support costs.
1. State. and local governments outside the designated disaster area may seek
reimbursement under mutual aid protocols through the affected and supported: states) (44
Celt § 206.223(a)(2)).
2. State and focal governments are the only eligible applicants for sheltering and.
rescuing household pets and service animals.. Contractors or private. nonprofit (PNP)
organizations that shelter or rescue household pets and service animals cannot be reimbursed
directly as an applicant However, contractors and PNPs can be reimbursed for sheltering and
rescuing household pets and service animals through a state or local government, provided a
written. statement from an eligible. applicant is presented int which the applicant verifies that the.
contractor or PNP is perforrrg or has performed sheltering or rescuing.operations on the
applicant's behalf and the expenses are docurnented.
C. Household Pet Rescue. State and local governments may conduct rescue operations for
household pets directly or they may contract with other providers for such services. Eligible
costs include, but are not limited to, the following:.
1. Overtime for regular full-time employees.
9 Department of Justice, Americans with Disabilities Act.(ADA), 42 USC 1201 et seq, .implementing regulations at
28 CFR § 36.104_
Page 2 of 5
.� DAP9523.19
qFER" 9 M A
DISASTERISPOLICY
2. Regular -time and overtime for contract labor (including mutual aid agreements)
specifically hued to provide additional support required as a result of the disaster..
3. The use of applicant -owned or leased equipment (such as buses or other vehicles) to
provide eligible pet transportation to congregate pet shelters may be reimbursed according to
44 CFR § 206.228(1)(a) (dries not include operator labor). The cost of leasing equipment for this
purpose may also be eligible. for reimbursement.
U. Congregate Household Pet Sheltering. State and local governments may conduct
sheltering operations for pets directly, or may contract with other sheltering providers for such
services. Eligible Category B congregate pet sheltering costs may include, but are not limited to,
the reasonable costs for:
1. Facilities.
.................
+ Minor modifications to buildings used for congregate household pet sheltering,
if necessary to provide increased capacity for the accommodation of shelterees'
household pets.
• Facility lease or rent..
• Increase in utility costs, such as power, water, and telephone.
Generator lease and operation (but not purchase).
Shelter safety and security.
• Shelter management.
Shelter and crate/cage cleaning.
2. S pples_and _Commidides. Eligible items are those -needed for, and used dimly
on, the declared disaster, and are reasonable in. bath cost and need. Examples include:
• Food, treater, and bowls.
• Crates/Cages.
• Pet transport carriers.
• Animal cleaning tables and supplies.
• Medication for animal decontamination and parasite control to ensure that the
animal is not a health threat to humans or other animals.
Eligible Labor. If the regular employees of an eligible applicant perform.duties.in
direct support of congregate pet sheltering operations, any overtime pay related to such duties
is eligible for reimbursement. however, the straight -time pay of these employees is not
eligible. Regular -time. and overtime for contract labor, including mutual aid agreements,
Page 3 of 5
specifically hired to provide additional support required as a result of thedisaster or emergency
is also ,eligible for reimbursement.
4. E u�znent. The use of applicant .owned or leasedequipment (such as buses, trucks,
or other vehicles) to provide eligible pet evacuation or sheltering support may be reimbursed
according to 44 Cl~R §206.228(1)(a) (does not include operator labor), The cost of leasing
equipmentmay also be an eligible expense for reimbursement.
5. Emergency Veterinary irvices: For the purposes of screening the health of
household pets and service animals, and assessing and .treating minor illnesses and injuries,
congregate pet shelters may be staffed with emergency veterinary teams. The following costs
related to the provision of emergency veterinary services in a congregate pet sheltering
environment are eligible for reimbursements
+ Veterinary diagnosis, triage, treatment,. and stabilization.
Provision of first aid, including materials (bandages, etc.).
+ Medicine.
+ Supervision of paid and volunteer veterinary staff.
+ Vaccinations administered to protect the health and safety of congregate
shelter and supporting emergency workers including but not limited to
tetanus and hepatitis.
+ Vaccinations. administered to protect the health and safety of congregate
shelter pets for transmissible or contagious diseases including but not limited
to bordetellalkennel cough.
6.. Trans ortation. Transportation of evacuees' household pets and service anirrials to
congregate shelters from pre -established pickup locations is an eligible expeme. when the
means of transportation used is the.most cost-effective available.
7. Shelter 59M and Security. Additional reimbursable safety and security services
may be provided at congregate pet shelters, based upon need.
8. Cleaning and Restoration. The costs (to the Applicant) to. clean, maintain, and
restore a facility to pre -congregate pet shelter condition are eligible.
9. Rgmonyd and Disposal of Animal Carcasses. The costs (to the Applicant) to remove
and dispose of animal carcasses in a safe and timely manner and.in compliance with applicable
lazes and regulations are eligible,
Page 4 of 5
DAD9523.19
Y FEMa
DISASTER ASSISTANCE POLICY
10.. CaWo"gracking System for Pets. The reasonable costs (to the Applicant) for
tracking animals at congregate pet shelters for the purposes of reuniting their with their owners
are eligible,
E. Service animals. Service animals will be sheltered with their owners in congregate
shelters.
F. Length of Operation. Costs of sheltering/caring for household pets will no longer be
eligible for FEMA reimbursement when the pet owner transitions out of Section 403 emergency
sheltering..
rII1, ORIGINATING OFFICE, Disaster Assistance Directorate (Public Assistance Division).
IX SUPERSESSION: This policy supersedes all previous guidance on this subject.
X. REVIEW DATE; Three years from date of publication.
qav��
Carlos. Castro
Assistant Administrator
Disaster Assistance Directorate
Page; 5 or 5
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4/6/2004 Attachment
Animal Services Agreement between
ANIMAL SERVICE'S AGREEMENT Cupertino and San Jose
BETWEEN
THE CITY OF SAN JOSE
AND
THE CITY OF CUPERTINO
This Animal Services Agreement ("AGREEMENT') is entered into this day of
e. 2004, by and between the CITY OF CUPERTINO, a municipal corporation
(hereinafter "CUPERTINO"), and the CITY OF SAN JOSE, a municipal corporation
(hereinafter "SAN JOSE"). CUPERTINO and SAN JOSE are hereinafter collectively
referred to as the "PARTIES."
RECITALS
WHEREAS, CUPERTINO desires to provide certain animal control services to its
residents and citizens; and
WHEREAS, SAN JOSE has the personnel and facilities necessary to provide the
animal control services.
NOW, THEREFORE, in consideration of the mutual covenants set forth in this
AGREEMENT, the PARTIES hereby agree as follows:
SECTION 1. SCOPE OF SERVICES.
SAN JOSE shall perform those services specified in detail in Exhibit A, entitled
"SCOPE OF SERVICES" ("Animal Services"), which is attached hereto and
incorporated herein.
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Animal Services Agreement between
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SECTION 2. TERM
The term of this AGREEMENT shall be from July 1, 2004 to June 30, 2024, inclusive_
SAN JOSE shall begin providing Animal Services pursuant to this AGREEMENT on
July 1, 2004.
SECTION 3. CAPITAL CONTRIBUTION
Within thirty-five days of the execution of this AGREEMENT, CUPERTINO shall pay a
one-time capital contribution payment to SAN JOSE of Five Hundred Thousand Dollars
($500,000). The capital contribution is to be used toward the SAN JOSE'S new animal
shelter, a new animal control vehicle, and overhead costs related to the expansion of
the shelter facility. In the event CUPERTINO or SAN JOSE terminates the
AGREEMENT as specified under SECTION 12 of this AGREEMENT, SAN JOSE shall
refund CUPERTINO's capital contribution based on the following schedule for effective
date of termination and amount:
July 1, 2004 through June 30, 2005 $500,000
July 1, 2005 through June 30, 2006 $400,000
July 1, 2006 through June 30, 2007 $300,000
July 1, 2007 through June 30, 2008 $200,000
July 1, 2009 through June 30, 2010 $100,000
If the effective date of the termination is after June 30, 2010, no refund shall be paid by
SAN JOSE to CUPERTINO,
SECTION 4. MONTHLY PAYMENT PROVISIONS.
A. Payment Schedule
CUPERTINO shall make payments in equal monthly installments for services provided
after execution of this AGREEMENT. All installment payments by CUPERTINO shall
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Attachment
Animal Services Agreement between
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be due and payable on the first day of the month and shall be delinquent on the
fifteenth (15) business day thereafter without demand or notice to CUPERTINO, SAN
JOSE will provide CUPERTINO an invoice at least fifteen (15) calendar days prior to
the payment due date.
B. Payment Amounts
For Animal Services provided by SAN JOSE to CUPERTINO under this AGREEMENT,
CUPERTINO shall pay SAN JOSE compensation for the period of July 1, 2004 through
June 30, 2005 in accordance with Section 4.A. at the following base rate, to be
adjusted as described herein:
Field and Shelter Services
$166,000
The cost for Field and Shelter services will be based on the number of live domestic
animals impounded by SAN JOSE. This cost incorporates all administrative costs,
Medical Services, and Dead Animal Services. The PARTIES agree to estimate the
number of animals to be impounded at the beginning of each fiscal year. The
PARTIES also agree that any overages will be: separately billed and any underages
separately rebated at the end of each fiscal year. Any adjustments during the Fiscal
Year 2004-2005 will be from the base rate of ")166,000.
The compensation for Animal Services under this AGREEMENT shall adjust each fiscal
year. The PARTIES agree that the adjusted rate shall be based on the formula
detailed in Exhibit B, which is attached hereto and incorporated herein.
In the event SAN JOSE provides services to CUPERTINO prior to execution of this
AGREEMENT, CUPERTINO shall compensate SAN JOSE in accordance with the
terms set forth in SECTION 4 of this AGREEMENT.
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SECTION 5. INSPECTION OF FINANCIAL BOOKS AND RECORDS.
During the term of this AGREEMENT, SAN JOSE shall keep its financial books and
records directly pertaining to the provision of Animal Services under the AGREEMENT
open to inspection and audit by CUPERTINO or CUPERTINO's designated
representative(s), upon request of CUPERTINO, and during normal business hours.
Any audit of SAN JOSE's financial books and records conducted by CUPERTINO shall
be at the expense of CUPERTINO.
SECTION 6. CONFIDENTIALITY.
SAN JOSE agrees that to the extent consistent with the California Public Records Act
and applicable California law, it shall maintain in confidence and shall not disclose to
any third party reports or other documents prepared in connection with the
performance of Animal Services under the AGREEMENT.
SECTION 7. PROJECT MANAGER.
The PARTIES shall each designate a Project Manager through whom any necessary
review of the Animal Services performed under the AGREEMENT will occur.
SECTION B. INDEMNIFICATION.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be
imposed between SAN JOSE. and CUPERTINO pursuant to Government Code section
895.6, SAN JOSE and CUPERTINO agree that all losses or liabilities incurred by a
party shall not be shared pro rata as defined in Government Code section 895.6, but
instead SAN JOSE and CUPERTINO agree that pursuant to Government Code section
895.4, each of the PARTIES hereto shall fully indemnify and hold the other party, their
officers, board members, employees and agents, harmless from any claim, expense or
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cost, damage or liability imposed for injury (as defined by Government Code section
810.8) occurring by reason of and only to the extent of the negligent acts or omissions
or willful misconduct of the indemnifying party, its officers, board members, employees
or agents, under or in connection with or arising out of any work, authority or
jurisdiction delegated to such party under this AGREEMENT. No party, nor any officer,
board member, employee or agent thereof shall be responsible to the extent any
damage or liability occurs by reason of the negligent acts or omissions or willful
misconduct of the other party hereto, its officers, board members, employees or
agents, under or in connection with or arising out of any work, authority or jurisdiction
delegated to such other parties under this AGREEMENT.
SECTION 9. INDEPENDENT CONTRACTOR RELATIONSHIP.
This AGREEMENT shall in no way be construed to constitute SAN JOSE as the
partner, Iegal representative, or employee of CUPERTINO or CUPERTINO of SAN
JOSE for any purpose whatsoever, or as the agent of CUPERTINO or SAN JOSE, and
neither party shall act or attempt to act or represent itself directly or by implication as
having such status or relationship. The PARTIES shall have the relationship of
independent contractors, and except as specifically provided in this AGREEMENT,
each party shall be solely responsible for all obligations and liabilities pertaining to the
business, activities, and facilities of that party. As an independent contractor, the
PARTIES shall obtain no rights to retirement benefits or other benefits, which accrue,
to the PARTIES' respective employees, and the PARTIES hereby expressly waive any
claim either of them may have to any such rights.
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SECTION 10. ASSIGNABILITY.
Attachments
Animal Services Agreement between
Cupertino and San Jose
SAN JOSE and CUPERTINO acknowledge aid agree that the expertise and
experience of SAN JOSE are material considerations inducing CUPERTINO to enter
into this AGREEMENT. CUPERTINO acknowledges and accepts that a portion of the
services provided under this AGREEMENT shall be provided by a handler of dead deer
and livestock, wildlife services, and/or independent veterinary doctors. Neither PARTY
shall assign or transfer any interest in this AGREEMENT, or the performance of any
obligations hereunder, other than those services provided by the handler of dead deer
and livestock, wildlife services, and/or independent veterinary doctors, without the prior
written consent of the other, and any attempt by either of the PARTIES to assign this
AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of
no effect.
SECTION 11. NONDISCRIMINATION.
Neither PARTY shall discriminate, in any way, against any person on the basis of race,
sex, color, age, religion, sexual orientation, actual or perceived gender identity,
disability, ethnicity, or national origin, in connection with or related to the performance
of this AGREEMENT
SECTION 12. TERMINATION OF AGREEMENT.
A. Termination
This AGREEMENT may be terminated earlier at any time:
1. Upon the written consent of both SAN JOSE and CUPERTINO;
2. By either SAN JOSE or CUPERTINO immediately upon notice to the other,
if the other breaches any material obligation under this AGREEMENT and
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such breach remains unremedied for at least thirty (30) days following
written notice thereof to the breaching party; or
3. Upon at least one hundred eighty (180) days prior written notice by
CUPERTINO to SAN JOSE or SAN JOSE to CUPERTINO of that party's
desire to terminate this AGREEMI=NT. If CUPERTINO does not appropriate
the full amounts due to SAN JOSE under this AGREEMENT for any fiscal
year on or before June 30 of the year directly preceding the fiscal year for
which Animal Services are provided by SAN JOSE, then that action shall,
as of the same June 30, constitute the start of the 180-day notice of
termination of this AGREEMENT by CUPERTINO pursuant to this
SECTION.
B. Effects of Termination
Upon the effective date of any termination of this AGREEMENT, SAN JOSE's
obligation to provide Animal ,Services to CUPERTINO under this AGREEMENT shall
cease, and CUPERTINO's obligation to make payments hereunder for periods of
time after the effective date of termination shall cease, provided that the PARTIES
shall have any and all remedies available under law for any breach of this
AGREEMENT. The PARTIES may also elect to negotiate a new agreement for the
provision of Animal Services at any time after the effective date of termination.
C. Termination Costs
In the event CUPERTINO elects to terminate this AGREEMENT, SAN JOSE shall
be reimbursed for stray animals that were sheltered for CUPERTINO but not paid
for prior to termination for a period of twelve (12) months from the date of
termination. The reimbursement will be at the rate per animal agreed upon by the
PARTIES for that fiscal year. SAN JOSE shall notify CUPERTINO of the number of
animals it shelters during the twelve (12) month period through and in a monthly
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report provided by SAN JOSE in the same format and manner as the monthly
impound report. CUPERTINO shall pay SAN JOSE for shelter services in
accordance with SECTION 4.A.
SECTION 13. COMPLIANCE WITH LAWl3.
Each PARTY shall comply with all applicable laws, ordinances, codes and regulations
of the federal, state and local governments.
SECTION 14. GIFTS.
A. CUPERTINO is familiar with SAN JOSE's prohibition against the acceptance of
any gifts by a SAN JOSE officer or designated employee, which prohibition is
found in Chapter 12.08 of the San Jose Municipal Code.
B. CUPERTINO agrees not to offer any SAN JOSE officer or designated employee
gifts prohibited by said Chapter.
C. The offer or giving of any gift prohibited by Chapter 12.08 shall constitute a
material breach of the AGREEMENT by CUPERTINO. In addition to any other
remedies SAN JOSE may have in law or equity, SAN JOSE may terminate this
AGREEMENT for such breach as provided in Section 12.A.2 of this
AGREEMENT.
SECTION 15. RETROACTIVE SERVICES PROVIDED.
It is understood and agreed that SAN JOSE may have provided services pursuant to
the provisions of this AGREEMENT, but prior to the execution of this AGREEMENT by
the PARTIES, in anticipation of this execution. CUPERTINO shall compensate SAN
JOSE for those services in accordance with the terms of this AGREEMENT. However,
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Animal Services Agreement between
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in no instance shall SAN JOSE be compensated under this AGREEMENT for work
performed for CUPERTINO prior to July 1, 2004.
SECTION 16. INSURANCE.
SAN JOSE shall, at its own expense, maintain a program of self-insurance and/or
insurance as specified in EXHIBIT C "INSURANCE," which is attached hereto and
incorporated herein.
SECTION 17. NOTICES AND INVOICES.
All notices and invoices required or permitted hereunder shall be deemed to have been
received when delivered in person or if mailed, on the third (3`d) business day after the
date on which mailed, postage prepaid, and addressed to each party as follows:
To SAN JOSE: Director
San Jose Animal Care and Services
'1821 Zan ker Road
San Jose, CA 95112
To CUPERTINO: Director
Administrative Services Department
City of Cupertino
'10300 Torre Ave n u e
Cupertino, CA 95014
The PARTIES agree to notify each other in writing of any change in the address no
later than thirty (30) days prior to the change in location for receipt of notice.
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SECTION 18. VENUE.
In the event that suit shall be brought by either party to this AGREEMENT, the
PARTIES agree that venue shall be exclusively vested in the state courts of the State of
California, County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in
the United States District Court, Northern District of California, San Jose, California. .
SECTION 19. GENERAL PROVISIONS.
A. Entire Agreement
This AGREEMENT, including Exhibits A, B, and C constitute the entire agreement
between the PARTIES hereto relating to the subject matter hereof and supersedes all
prior and contemporaneous oral and written commitments, understandings and
agreements. No changes or modifications to this AGREEMENT shall be valid or
binding unless contained in a written amendment duly executed by the PARTIES.
B. Waivers
No delay or failure of either party to exercise or enforce at any time any right or
provision of this AGREEMENT shall be considered a waiver of such right or provision or
of such party's right thereafter to exercise or Enforce each and every right and provision
of this AGREEMENT. In order to be valid, any waiver shall be in writing but need not
be supported by consideration. No single waiver shall constitute a continuing or
subsequent waiver. Neither the acceptance by CUPERTINO of the performance of any
work or services performed by..SAN JOSE nor the acceptance of compensation by SAN
JOSE shall be deemed to be a waiver of any term or condition of this AGREEMENT.
C. Interpretations
In construing or interpreting this AGREEMENT, the word "including" shall not be
limiting. The PARTIES agree that this AGREEMENT shall be fairly interpreted in
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AnimalE Services Agreement between
Cupertino and San Jose
accordance with its terms without any strict construction in favor of or against either
party.
D. Invalid Provisions
If any provision of this AGREEMENT shall be held illegal, invalid, or unenforceable, in
full or in part, such provision shall be modified to the minimum extent necessary to
make it legal, valid, and enforceable, and the other provisions of this AGREEMENT
shall not be affected thereby.
E. Further Documents
The PARTIES agree, upon request, to sign and deliver such other documents as may
be reasonably required to carry out the intent and provision of this AGREEMENT.
F. California Law
This AGREEMENT shall be governed by and construed and enforced in accordance
with the laws of the State of California.
G. Counterpart Execution
This AGREEMENT may be executed in one or more counterparts, each of which shall
be deemed an original, and all of which shall constitute one and the same document.
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Attachment' ,__1
Animal Services Agreement between
Cupertino and San Jose
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT as of
9 q d ay of , 2004.
APPROVED AS TO FORM:
on Nk__�
R04 L. SO GTAATARII
Associate Deputy City Attorney
APPROVED AS TO FORM:
City Attorney
ATTEST:
KIMBERLY SMI H
City Clerk
244243.3
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"SAN JOSE"
CITY OF SAN JOSE, a municipal
corporation
13 f C ag, -
PETER JE E
Assistant to City Manager
"CUPERTINO"
CITY OF CUPERTINO, a municipal
corporation
E3y
W
DAVID W. KNAPP
City Manager
City of Cupertino Operational Area EOP -Animals in Disaster Annex Revised: 101004
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EXHIBIT A
SCOPE OF SERVICES
SECTION 1. SERVICES PROVIDED.
For the consideration set forth herein, SAN JOSE shall provide to CUPERTINO Field,
Licensing and Sheltering Services. These categories of service are collectively referred
to.as "Animal Services." Calls for animal related services which are not provided by
SAN JOSE shall be referred by SAN JOSE to the appropriate enforcement agency of
CUPERTINO in writing or by electronic mail.
SECTION 2. DEFINITIONS.
A. "Critically sick or injured animals" means those animals that have life -
threatening conditions.
B. "Dangerous Animals" means any wild, exotic, or venomous animal, or other
animal which because of its size, disposition or other characteristics, would
constitute a danger to persons or property as defined in Cupertino Municipal
Code.
C. "Emergency Calls" means complaints of animal bites or attacks on humans or
domestic animals that are in progress, a high risk animal bite to human or
domestic animal, or, where a bite has occurred and the animal remains a threat
to humans or domestic animals.
D. "Holidays" are New Years Day, Martin Luther King Day, President's ❑ay, Caesar
Chavez Day, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve Day,
Christmas Day and New Years Eve ❑ay.
E. "Dangerous Dog" or "Potentially Dangerous Dog" means a dog that has
attacked, without provocation, humans or other domestic animals or has
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threatened the safety of humans or domestic animals as defined in Cupertino
Municipal Code.
F. "Wildlife" means any animal that is native to this region and recognized as an
indigenous species such as opossums, raccoons, skunks or squirrels.
SECTION 3. FIELD SERVICES.
A. FIELD SERVICES
SAN JOSE shall provide vehicles, communications equipment, hardware and software
requirements, office supplies, field and administrative personnel, and any other
personnel, supplies and equipment, reasonaoly required to perform the following
services (the "Field Services") upon a request or complaint from CUPERTINO or from a
person within the boundaries of CUPERTINO:
(1) Pick up of confined stray dogs, cats and other small animals, including
but not limited to, rabbits, chickens, turkey, geese, birds and ducks, and
excluding Wildlife;
(2) Pick up injured or sick stray dogs, cats, birds, and other small animals
that are located on public property or readily accessible on private
property with the consent of the property owner or the property owner's
authorized agent;
(3) Pickup of injured or sick Wildlife:, and livestock;
(4) Pick up dead animals in accordance with SECTION a of this Exhibit A;
(5) Investigate complaints of animal bites or attacks on humans, including
the preparation of a report, interviewing the parties involved, quarantining
animals which have bitten humans, preparing and transporting biting
animals for rabies testing, and investigating alleged violations of a
quarantine order;
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a) The investigation contemplated under this SECTION 3.A.5 may be
conducted by telephone when the owner and victim are the same
person. In all other cases, SAN JOSE will meet and conduct a
personal interview(s) with the owner in order to complete the
investigation and quarantine the animal as necessary;
(S) Investigate and refer complaints of.Dangerous Dog, Potentially
Dangerous Dog, and/or Dangerous Animals to the appropriate
enforcement agency of CUPERTINO for resolution. Investigations shall
include preparation of a report, nterviewing the parties involved, and
collecting available historical data;
(7) Respond to complaints of dogs running at large, attempt to capture them
and provide follow-up patrol if appropriate;
(8) Respond to police assist calls on animal -related issues which may
include taking control of an animal at the direction of a police officer on
the scene;
(9) Investigate complaints of activities criminal in nature, such as animal
cruelty, neglect and fighting including preparation of a report, interviewing
the parties involved, and collecting available historical data for referral to
the Santa Clara County District Attorney's Office. SAN JOSE shall
provide CUPERTINO a copy of the investigative packet and in each case
obtain CUPERTINO's decision and authorization to refer the case to the
Santa Clara County District Attorney's Office. If needed or appropriate,
SAN JOSE personnel shall appear for court proceedings at no additional
cost to CUPERTINO;
(10) Investigate and refer complaints of animal abuse or neglect, under the
CUPERTINO Municipal Code, tc the appropriate enforcement agency of
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CUPERTINO for resolution. Investigations shall include preparation of a
report, collecting available historical data, and may include interviewing
the parties involved;
(11) Investigate and refer complaints, of excessive animals, under the
Cupertino Municipal Code, to the appropriate enforcement agency of
CUPERTINO for resolution;
(12) Respond to complaints in progress of domestic animals causing a
nuisance, except domestic anirrmals making noise, and provide follow-up
patrol if appropriate. SAN JOSS- may issue citations for certain nuisances
caused by domestic animals, as defined under and pursuant to authority
conferred by Cupertino Municipal Code; and
(13) Respond to complaints of venomous or other dangerous snakes and bats
that are located on public property or readily accessible on private
property with the consent of the property owner or the property owner's
authorized agent.
The PARTIES agree that during the course of administering field services, police
assistance may be necessary_ Upon request from SAN JOSE, CUPERTINO shall
provide the police assistance necessary to administer said Field Services.
B. RESPONSE TIME PERFORMANCE STANDARDS
SAN JOSE shall make all reasonable efforts to respond to complaints and requests
received by CUPERTINO or from persons within the boundaries of CUPERTINO at a
performance standard level that is no less than the following during normal business
hours:
244243.3
(1) PRIORITY 1 -- Response to Emergency Calls; police assist; bites to
human and/or domestic animal from bats and skunks; at large Dangerous
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or Potentially Dangerous Dog; at large quarantined animal; critically sick
or injured animal; and animals ii distress.
a) Response shall be on a twenty-four (24) hours per day, seven (7)
days per week basis and shall be within one hour or less from the
time the call for service is received by SAN JOSE to the time SAN
JOSE's personnel arrive on scene.
(2) PRIORITY 2 — Response to complaints of bites; animals on school
grounds; animals that pose a traffic hazard on the streets of
CUPERTINO, animals in traps; animals suffering from cruelty or neglect;
and confined strays.
a) Response shall be during normal business hours and shall be
within two business hours from the time the call for service is
received by SAN JOSE to the time SAN JOSE personnel arrive on
the scene Monday through Friday and within four business hours
from the time the call for service is received by SAN JOSE to the
time SAN JOSE personnel arrives on scene on Saturdays,
Sundays and Holidays.
(3) PRIORITY 3 — Response to any calls remaining from PRIORITY I and 2;
dead animal pick up; and dogs running. at large.
a) Response shall be during normal business hours and shall be
within four business hours from the time the call for service is
received by SAN JOSE to the time SAN JOSE personnel arrive on
the scene Monday through Friday and within eight business hours
from the time the call for service is received by SAN JOSE to the
time SAN JOSE personnel arrives on scene on Saturdays,
Sundays and Holidays.
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C. RESPONSE AFTER BUSINESS HOURS
SAN JOSE shall respond to PRIORITY 1 calls during and after normal business hours,
twenty-four hours per day, seven days per week including Holidays. SAN JOSE shall
make all reasonable efforts to respond to PRIORITY 2 calls received after normal
business hours no later than 11.00 a.m. the following business day. SAN JOSE shall
make all reasonable efforts to respond to PRIORITY 3 calls received after normal
business hours no later than 3 p.m. the following business day.
D. EXCLUDED SERVICES
The following services are not included in the services provided by SAN JOSE under
this AGREEMENT:
(1) Removal and disposal of dead marine mammals;
(2) Pick up and transportation of uninjured or healthy, living Wildlife;
(3) Pick up animals for surrender at the owner's request except that SAN
JOSE may provide these services in SAN JOSE's discretion and
charge a fee to be paid by the owner separate and apart from this
AGREEMENT,
(4) Permitting or inspection of events with animals;
(5) Investigation of complaints that only relate to domestic animals or
Wildlife making noise.
SECTION 4. SHELTER SERVICES.
A. SHELTER SERVICES
SAN JOSE shall provide the shelter facilities, supplies, animal attendants, supervisors
and administrative personnel, and any other personnel, supplies and equipment,
reasonably required to perform the following services (the "Shelter Services"):
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(1) Shelter of abandoned, impounded, lost or stray domestic animals brought
to the shelter by CUPERTINO, its residents, or SAN JOSE personnel;
(2) Quarantine of biting animals;
(3) Rabies testing of suspect animals;
(4), Provide facilities for surrender and reclaim of abandoned, lost or stray
domestic animals during established business hours;
(5) Euthanization and disposal of abandoned, lost, impounded, or stray
domestic animals that are unclaimed by their owners and fail to meet the
written SAN JOSE temperament standards for adoption; and
(6) - Provision of animal license to dogs, or other animals to which licensing is
applicable, at the animal shelter.
B. MEDICAL SERVICES
As part of the Shelter Services, SAN JOSE shall provide office facilities, supplies, and
professional and trained personnel, employed or under contract, reasonably necessary
to perform the following services (the "Medical Services"):
(1) Providing veterinarian services twenty-four (24) hours per day to treat and
provide veterinarian care to stray, injured, or sick dogs, cats, and other
impounded animals;
(2) Monitor impounded quarantined biting animals;
(3) Provide vaccination services; and
(4) Have available, free of charge to the public, rabies control information.
C. OPERATING SCHEDULES
SAN JOSE shall also provide Shelter Services for the animals in the facility twenty-four
(24) hours a day, seven (7) days a week. SAIV JOSE shall provide or under contract
provide emergency veterinary services and shall make animals available to the public in
accordance with state law.
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Citv of Cupertino Operational Area EOP - Animals in Disaster Annex Revised: 101004
RD:RLT Attachment
4/6/2004 Animal Services Agreement between
Cupertino and San Jose
SECTION 5. DEAD ANIMAL SERVICES.
SAN JOSE shall provide storage facilities, disposal mechanisms, field and
administrative personnel, and any other personnel, supplies and equipment reasonably
required to perform the following services (the, "Dead Animal Services"):
('I) Pick up of dead animals, including Wildlife, from the streets of
CUPERTINO, or from private property within CUPERTINO with the
consent of the property owner or the property owner's authorized agent;
(2) Handle or refer dead deer and livestock to handler for dead deer and
livestock;
(3) Identification of and notification to the owner of the dead animal,
whenever possible;
(4) Scan each dead animal for microchip identification, if available; and
(5) Disposal of the body of the dead animal; and
(6) Provide the facilities for drop off of dead animals twenty-four (24) hours a
day, seven (7) days a week.
SECTION 6. RECORDS REGARDING, ANIMAL SERVICES.
A. MAINTENANCE OF RECORDS
SAN JOSE shall maintain accurate records regarding its performance of Animal
Services for a period of three (3) years from the date such records are created. Such
records shall include Shelter Services records regarding receipt, care, reclaim, and
disposition of owner surrendered, abandoned, impounded, lost or stray domestic
animals, including names and addresses of persons reclaiming animals, Dead Animal
Services records regarding receipt and disposal of dead animals, and fees collected for
the CUPERTINO. .
244243.3 A-8
Citv of Cupertino Operational Area FOP - Animals in Disaster Annex Revised: 101004
RD: RLT
4/6/2004
Attachment ?
Animal Services Agreement between
Cupertino and San .lose
B. INSPECTION OF RECORDS
SAN JOSE shall make available for inspection by CUPERTINO or CUPERTINO'
designated representative(s) records regarding Animal Services under this
AGREEMENT, upon request of CUPERTINO during SAN JOSE's normal business
hours.
C. MONTHLY REPORT
SAN JOSE shall provide within 30 days of the end of each month, a monthly Animal
Control and Impound Report summarizing Field Services, Shelter Services, Licensing
Services, Medical Services and Dead Animal Services provided by SAN JOSE to
CUPERTINO. This report shall include, but not be limited to, the following information:
(1) Total number of calls for service, complaints relating to animal bites or
attacks, complaints relating to vicious or dangerous dogs, and other
activities;
(2) Total number of licenses sold to CUPERTINO residents;
(3) Number of incoming live animals, including Wildlife, brought to the
shelter (surrender and field);
(4) Number of dead animals picked up by SAN JOSE and brought to the
shelter; and
(5) Number and type of animals provided Medical Services along with a brief
description of service; and
(6) Response time performance standard report for Priority 1 through 3 calls.
D. YEARLY REPORT
SAN JOSE shall complete and submit to the County of Santa Clara Public Health
Department the Annual Report of Local RabiES Control Activities for CUPERTINO. SAN
JOSE shall also provide an annual report of activities and accomplishments detailed in.
SECTION 6.0 of this Exhibit A to CUPERTINO.
244243.3 A-9
City of Cupertino Operational Area EOP - Animals in Disaster Annexe Revised: 101004
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SECTION SEVEN. PROGRAM REVENUE.
A. FEES COLLECTED BY SAN JOSE
Attachment
Animal Services Agreement between
Cupertino and San Jose
SAN JOSE shall collect fees, charges, and penalties (the "Program Fees") from the
public in connection with a portion of the Animal Services provided under this
AGREEMENT, including but not limited to items such as impound, quarantine, and
boarding fees. These Program Fees shall be at the rates established by SAN JOSE.
SAN JOSE shall provide the current rates to CUPERTINO before commencing services
under this AGREEMENT and shall continue to inform CUPERTINO of any changes in
the rates as such changes occur.
B. PAYMENT OF PROGRAM FEES TO CUPERTINO
All Program Fees collected by SAN JOSE in connection with the Animal Services
provided to CUPERTINO, except fees collected for emergency veterinary services
which are paid to contract veterinary providers by SAN JOSE, shall be paid or credited
monthly by SAN JOSE to CUPERTINO by the fifteenth (15th) business day of the
month immediately following the month in which the Program Fees were collected.
C. MONTHLY FEE STATEMENT
SAN JOSE shall provide to CUPERTINO with each monthly payment of Program Fees,
a statement of Program Fees collected that shows the total amount of Program Fees
collected and the total amounts collected in each fee category, such as impound,
quarantine and board fees.
D. ANIMAL LICENSING FEES
SAN JOSE shall remit licensing fees paid for -the licensing of dogs and cats residing in
CUPERTINO to CUPERTINO on a monthly basis. The licensing fees shall be at the
rates established by SAN JOSE. SAN JOSE shall provide the current rates to CUPERTINO
244243.3
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Citv of Cupertino Operational Area EOP - Animals in Disaster Annear Revised: 101004
RD:RLT Attachment
418l2004 Animal Services Agreement between
Cupertino and San Jose
before commencing services under this AGREEMENT and shall continue to inform CUPERTINO
of any changes in the rates as such changes occur,
SECTION EIGHT. OTHER RESPONSIBILITIES.
A. ADMINISTRATIVE HEARINGS
SAN JOSE shall not be responsible for nor bear the costs of scheduling or conducting
any required hearings regarding Dangerous or Potentially Dangerous Dogs, or any
other matter subject to an administrative hearing. If needed or appropriate, SAN JOSE
personnel shall appear as a witness at any such hearing at no additional cost to
CUPERTINO.
244243.3 A-11
City of Cupertino Operational Area EOP -Animals in Disaster Annex Revised: 101004
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RD:RLT Attachment 4
416I2004 Animal Services Agreement between
Cupertino and San Jose
EXHIBIT B
FORMULA FOR COMPENSATION
CUPERTINO shall compensate SAN JOSE for Animal Services utilizing the Fiscal Year
2004-2005 base rate of $166,000 (hereinafter "Base Rate"). The Base Rate shall apply
to the first year of this Agreement (i.e. through June 30, 2005). Compensation for
Animal Services shall be adjusted once a year effective July 1 of the next fiscal year
(i.e. 2005, 2006, 2007 etc.). The PARTIES agree that each increase for Animal
Services shall be based on the percentage increase in total compensation provided to
all SAN JOSE animal control officers or the February to February Consumer Price
Index -Urban Wage Earners and Clerical Workers for San Francisco -Oakland -San Jose,
CA (maintained by the Bureau of Labor Statistics) (hereinafter "CPIU") plus 1.5% as set
forth in the Calculation Formula below, whichever is less.
Calculation Formula
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
"Total Compensation" refers to the amount SAN JOSE provides for total compensation
(salary and benefits) at top step for a 40-hour per week animal control officer. On July
15t of each fiscal year, the percentage change in Total Compensation will be derived
from the new Total Compensation amount divided by the Total Compensation effective
from July 1 st of the prior fiscal year (e.g. Total Compensation Percentage Change
(Fiscal Year 2005 -2006) = (Total Compensation (Fiscal Year 2005-2006) 1 Total
Compensation (Fiscal Year 2004-2005) — 1).
244243.3
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City of Cupertino Operational Area EOP - Animals in Disaster Annex Revised: 101004
RD:RLT Attachment
4/6/2004 Animal Services Agreement between
Cupertino and San rose
The annual projected budget increase in contract costs shall be computed as
follows:
Fiscal Year 2004-2005 Base Year = $166,000
Fiscal Year 2005-2006 and thereafter = (Animal Services Compensation for Preceding
Fiscal Year) x (Percentage Change in Total Compensation for the previous fiscal year)
or (CPI-U for the previous fiscal year + 1.5%), whichever is less. In the event the
percentage change in CPIU for any given fiscal year is negative, the percentage
change in CPIU shall be deemed zero (0).
244243.3 B-2
City. of Cupertino Operational Area EOP - Animals in Disaster Annex Revised: 101004
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EXHIBIT C
1K1c11DAK1r=
Attachment t
Animal Services Agreement between
Cupertino and San Jose
SAN JOSE represents and warrants that, at SAN JOSE'S sole cost and
expense, it will maintain for the duration .of this AGREEMENT self-insurance against
claims for injuries to persons or damages to property which may arise from, or in
connection with, the performance of the services hereunder by SAN JOSE, its agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The coverage described in Insurance Services Office Form Number GL
0002 (Ed. 01/96) covering Commercial General Liability together with
Insurance Services Office Form Number GL 0404 covering Broad Form
Comprehensive General Liability; or that described in Insurance Services
Office Commercial General Liability coverage ("occurrence") Form
Number CG 0001 (Ed. 01/96); and
2. The coverage described in Insurance Services Office Form Number CA
0001 (Ed. 12/93) covering Automobile Liability, Code 1 "any auto", or
Code 2 "owned autos" and Endorsement CA 0025. Coverage shall also
include Code 8 "hired autos" and Code 9 "non -owned autos'; and
3. Workers' Compensation insurance as required by the California Labor
Code and Employers Liability insurance; and
4. Professional Uability Errors and Omissions, when applicable.
B. Minimum Limits of Insurance
SAN JOSE self-insurance maintained limits no less than:
1. Commercial General Liability: $1,000,000 per occurrence for bodily
injury,
personal injury and property damage; and
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage; and
244243.3 C-1
City of Cupertino Operational Area ROP - Animals in Disaster Annex Revised: 101004
i
Attachment'
RD:RLT Animal Services Agreement between
4/6/2004
Cupertino and San Jose
3. Workers' Compensation and Employers' Liability: Workers'
Compensation limits as required by the California Labor and Employers
Liability limits of $1,000,000 per accident; and
4. Professional Liability Errors and Omissions $1,000,000 Aggregate Limit.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. Commercial General Liability and Automobile Liability Coverages
a. SAN JOSE self -insured coverage shall apply to CUPERTINO, its
officers, employees, agents and contractors as respects: Liability arising out of
activities performed by or on behalf of, SAN JOSE; products and completed operations
of SAN JOSE; premises owned, leased or used by SAN JOSE; and automobiles
owned, leased, hired or borrowed by SAN JOSE. Said self-insurance shall apply fully
to any indemnity for CUPERTINO, its officers. employees, agents and contractors.
b. SAN JOSE's insurance coverage shall be primary insurance as
respects CUPERTINO, its officers, employees, agents and contractors. Any insurance
or self-insurance maintained by CUPERTINO, its officers, employees, agents or
contractors shall be excess of SAN JOSE's self-insurance and shall not contribute with
it.
G. Any failure to comply with reporting provisions of the policies by
SAN JOSE shall not affect coverage provided CUPERTINO, its officers, employees,
agents, or contractors.
d. Coverage shall state that SAN JOSE's self-insurance shall apply
separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
D. Verification of Coverage
SAN JOSE shall furnish CUPERTINO with Affidavit of insurance affecting coverage
required by this AGREEMENT at the time of contracting and upon expiration of each
certificate.
E. Subcontractors
SAN JOSE shall obtain separate certificates and endorsements for each subcontractor
and furnish CUPERTINO with a copy of the certificates and endorsements at the time
of contracting or expiration of each certificate.
244243.3 1 C-2
Citv of Cupertino Operational Area EOP - Animals in Disaster Annex Revised: 101004
RDRLT:ERD Res. No. 72038
411/2004 Attachment
Animal Services Agreement between
RESOLUTION NO. 72038 Cupertino and San Jose
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AGREEMENTS WITH THE
CITIES OF CUPERTINO, LOS GATOS AND SARATOGA
FOR ANIMAL SERVICES
WHEREAS, the Animal Care and Services Division of the Parks, Recreation and
Neighborhood Services Department of the City of San Jose ("City") was created in July,
2001, assuming all animal field services, including code enforcement, stray animal
removal, vicious dog permits, and animal licensing, and
WHEREAS, it is anticipated that construction of the City's new animal care facility will
be completed in the summer of 2004, and upon its completion, the City will assume all
remaining animal services currently provided by the Humane Society Silicon Valley,
which services include sheltering of animals, immunization clinics and public education
programs; and
WHEREAS, the cities of Cupertino, Los Gatos, and Saratoga have requested that the
City provide complete animal services for their jurisdictions, including animal field
services and animal sheltering; and
WHEREAS, the City desires to negotiate and execute agreements with the cities of
Cupertino, Los Gatos, and Saratoga to provide such animal services for a period of 20
years, anticipated to commence in.the summer of 2004, which agreements will include
annual payments for operations as well as. a one-time capital contribution;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN
JOSE THAT:
T-1198X 251305.doc
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City of Cupertino Operational Area EOP - Animals in Disaster Annex Revised: 101004
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RD:RLT:ERD Attachment 1
4/1/2004 Animal Services Agreement between
Cupertino and San Jose
The City Manager is hereby authorized to negotiate and execute the following
agreements to provide animal services for a twenty year term commencing July 1,
2004:
1. An agreement with the City of Cupertino in the amount of $166,000 per annum in
operating costs and a one-time capital contribution of $500,000.
2. An agreement with the City of Los Gatos in the amount of $164,000 per annum
in operating costs and a one-time capital contribution of $300,000.
3. An agreement with the City of Saratoga in the amount of $155,000 per annum in
operating costs and a one-time capital contribution of $300,000.
ADOPTED this 6t' day of April, 2004, by the following vote:
AYES: CAMPOS, CHAVEZ, CHIRCO, CORTESE, DANDO,
GREGORY, LeZOTTE, REED, WILLIAMS, YEAGER;
GONZALES
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
ATTEST:
DEANNA J. ANA
Acting City Clerk
T-11981251305.doc
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Awl At .0
RON GON LES
Mayor
City of Cupertino Operational Area EOP - Animals in Disaster Annex Revised: 101004
Contact Information, 2010.2011
Organization Contact Email
Alameda City Animal Control
Alameda County (unincorporated)
Berkeley Animal Control
Berkeley-EB Humane Society
Contra Costa Animal Control
Fremont Animal Control
Hayward Animal Control
Humane Soc. Silicon Valley
Marin Humane Society
Napa Humane Society
Oakland/EB SPCA
Peninsula Humane Society
Pets Unlimited
San Francisco Animal Control
San Francisco SPCA
San Jose Animal Control
Santa Clara County OES
Santa Cruz Animal Control
Solano County Animal Control
Sonoma County Animal Control
Sonoma Humane Society