BILL NUMBER: SB554 as Introduced
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SB554
109791-1
By Senator Marsh
RFD: Judiciary
First Read: 01-APR-09
109791-1:n:04/01/2009:DA/tan LRS2009-1801
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| SYNOPSIS: Under existing law, any public or private animal shelter, animal control agency operated by a political subdivision of this state, or humane society must make provisions for the sterilization of all dogs or cats acquired from a shelter, agency, or humane society under certain conditions, but existing law does not apply to any privately owned animal.
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This bill would require the sterilization of all privately owned dogs and cats within the state with certain specified exceptions. This bill would also provide that the owner of a dog or cat that has not been sterilized and that is the subject of a complaint to a local animal control agency, as specified, may be cited and, if cited, must pay a civil penalty to the local animal agency within 30 days. It would require a local animal control agency to waive the civil penalty if, within 14 business days of the citation, the owner of the dog or cat presents written proof from a licensed veterinarian that the dog or cat was sterilized.
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A BILL TO BE ENTITLED AN ACT
Relating to dogs and cats; to provide for sterilization of all privately owned dogs and cats; to provide for civil fines; and to provide for exceptions. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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Section 1. As used in this act, the following words shall have the following meanings:
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(1) COMPLAINT. An oral or written complaint to a local animal control agency that alleges that the dog or cat or the owner of the dog or cat has violated this act, any other provision of state law that relates to dogs or cats, or a local animal control ordinance. "Complaint" also means the observation by an employee or officer of a local animal control agency of behavior by a dog or cat or the owner of a dog or a cat that violates this act, any other provision of state law that related to dogs or cats, or a local animal control ordinance. "Complaint" shall not include an allegation of excessive noise or barking.
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(2) LOCAL ANIMAL CONTROL AGENCY. Any city or county animal control agency or other entity responsible for enforcing animal-related laws or local animal control ordinances.
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(3) STERILIZATION. The surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce.
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Section 2. (a) The owner of a dog that is over 180 days old that is not sterilized and that is the subject of a complaint may be cited and, if cited, shall pay a civil penalty as provided in this section. This civil penalty shall be in addition to any fine, fee, or penalty imposed under any other law or local ordinance.
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(b) At the time that the citation is issued, the local animal control agency shall provide the owner of the dog with information regarding the availability of sterilization services.
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(c) The owner of the dog shall pay the civil penalty to the local animal control agency within 30 business days of the citation. The penalty shall be used by the local animal control agency to administer this act. The local animal control agency shall waive the civil penalty if, within 14 business days of the citation, the owner of the dog presents written proof from a licensed veterinarian that the dog was sterilized.
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(d) The civil penalties shall be as follows:
(1) On the first occurrence, fifty dollars ($50).
(2) On the second occurrence for the same dog, one hundred dollars ($100).
(3) On the third occurrence for the same dog, the sterilization of the dog by order of the local animal control agency, with the owner paying the cost of the procedure. The local animal control agency may seek injunctive relief from the appropriate court to enforce the order.
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Section 3. (a) The owner of a cat that is over 180 days old that is not sterilized and that is the subject of a complaint may be cited and, if cited, shall pay a civil penalty as provided in this section. The civil penalty shall be in addition to any fine, fee, or penalty imposed under any other law or local ordinance.
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(b) At the time that the citation is issued, the local animal control agency shall provide the owner of the cat with information regarding the availability of sterilization services.
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(c) The owner of the cat shall pay the civil penalty to the local animal control agency within 30 business days of the citation. The penalty shall be used by the local animal control agency to administer this act. The local animal control agency shall waive the civil penalty if, within 14 business days of the citation, the owner of the cat presents written proof from a licensed veterinarian that the cat was sterilized.
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(d) The civil penalties shall be as follows:
(1) On the first occurrence, fifty dollars ($50).
(2) On the second occurrence for the same cat, the cat shall be sterilized by order of the local animal control agency, with the owner paying the cost of the procedure. The local animal control agency may seek injunctive relief from the appropriate court to enforce the order.
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Section 4. The owner of a dog or cat that is not sterilized shall be exempt from this act if the dog or cat:
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1. Is a breed approved by and is registered with a recognized registry or association whose program and practices are consistent with the humane treatment of animals, and the dog or cat is actively used to show or compete and has competed in at least one show or sporting competition hosted by or under the approval of the recognized registry or association within the last two years.
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2. Is being trained or groomed to show or compete and is too young to have yet competed.
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| 3. Has earned or is in the process of earning a special title, such as agility or herding. |
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| 4. Is trained or in training for use in law enforcement, military, or rescue activities. |
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| 5. By letter from a licensed veterinarian, has been certified to be temporarily or permanently deferred due to age or health or any other valid reason. |
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| Section 5. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law. |
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