Current as of January 01, 2019 | Updated by FindLaw Staff
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(a) A pet store shall not adopt out, sell, or offer for sale a dog, cat, or rabbit. This section does not prevent a pet store from providing space to display animals for adoption in accordance with subdivision (b).
(b)(1) A pet store shall not provide space for the display of dogs, cats, or rabbits available for adoption unless the animals are displayed by either a public animal control agency or shelter, or animal rescue group.
(2) Any animal displayed for adoption shall be both sterilized and adoptable for total fees, including, but not limited to, adoption fees, not to exceed five hundred dollars ($500).
(3) The pet store displaying dogs, cats, or rabbits pursuant to paragraph (1) shall not receive any fees in connection with the display of dogs, cats, or rabbits.
(c) A public animal control agency or shelter, an animal rescue group displaying animals at a pet store, or an animal rescue group operating a retail establishment shall not offer dogs, cats, or rabbits for adoption unless the animals are sterilized, the animals are adoptable for total fees, including, but not limited to, adoption fees, not to exceed five hundred dollars ($500), and the adoption fees are posted and visible to the public on or near the enclosures or areas where adoptable animals are displayed. An animal rescue group that displays animals at a pet store, but does not meet the criteria set forth in clauses (i) and (ii) of subparagraph (A) of paragraph (1) of subdivision (e) is also subject to the penalties described in this section.
(d)(1) Each violation of subdivision (a), (b), or (c) shall result in a single written notice to the pet store and any public animal control agency, shelter, or animal rescue group responsible for the animal that is the subject of the violation. The notice shall set forth in detail the specific violation, the name and location of the pet store, the name and location of, or other identifying information regarding, the public animal control agency, shelter, or animal rescue group responsible for the animal that is the subject of the violation, and any other information relevant to the violation. In addition, the notice shall include a direction to cease the specific activity found to be in violation of this section and state the time period during which the violation must be corrected.
(2) A failure to correct the violation described in the notice issued pursuant to paragraph (1) in the time period stated in the notice to correct shall be punished by a civil penalty of one thousand dollars ($1,000) for a first violation, two thousand five hundred dollars ($2,500) for a second violation, and five thousand dollars ($5,000) for subsequent violations as described in the notice. Each animal that is displayed, adopted, sold, or offered for sale or adoption in violation of subdivision (a), (b), or (c), as described in the notice, constitutes a separate violation.
(e)(1) For purposes of this section, the following definitions apply:
(A) An “animal rescue group” is any not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, 1 whose mission and practice is, in whole or significant part, the rescue and placement of animals into permanent homes, and that meets the following requirements:
(i) Does not breed animals.
(ii) Does not obtain animals in exchange for payment or compensation from any person that breeds or brokers animals.
(B) “Public animal control agency or shelter” is any facility operated by or under contract with any governmental entity for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, rabbits, or other animals.
(2) For purposes of this section, “pet store” does not include an animal rescue group operating a retail establishment in compliance with subdivision (c).
(f) This section does not prohibit a local governing body from adopting requirements that are more protective of animal welfare than those set forth in this section.
(g) An action for a violation of this section may be brought in the name of the people of the State of California by the district attorney for the county where the violation occurred in the appropriate court or by the city attorney in the city where the violation occurred. In addition to any other remedy, the district attorney is authorized to apply to the court for, and that court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction enjoining or restraining any person or entity from violating any provision of this section.
(a) The owner, operator, and master of a foreign tank vessel under § 157.10(e) or § 157.10a(a)(2) shall ensure that the vessel does not enter the navigable waters of the United States or transfer cargo at a port or place subject to the jurisdiction of the United States unless the vessel has on board—
(1) The Crude Oil Washing Operations and Equipment Manual that—
(i) Is approved under § 157.112; or
(ii) Meets the manual standards in Resolution 15 of the MARPOL 73/78 and bears the approval of the government of the vessel's flag state; and
(2) Either—
(i) A document from the government of the vessel's flag state that certifies that the vessel complies with Resolution 15 of the MARPOL 73/78; or
(ii) The following letters issued by the Coast Guard:
(A) The letter of acceptance issued under § 157.106.
(B) The letter of acceptance issued under § 157.142.
(C) Each amending letter issued under § 157.158(c).
(b) On January 1, 1986, or 15 years after the date it was delivered to the original owner or 15 years after the completion of a major conversion, whichever is later, the owner, operator, and master of a foreign vessel having a COW system under § 157.10c(b)(2) shall ensure that the vessel does not enter the navigable waters of the United States or transfer cargo at a port or place subject to the jurisdiction of the United States unless the vessel has on board—
(1) The Crude Oil Washing Operations and Equipment Manual that—
(i) Is approved under § 157.112; or
(ii) Bears a certification by an authorized CS or the government of the vessel's flag state that the manual contains the information required under § 157.138;
(2) Evidence that the COW system passed the required inspections by—
(i) A document from an authorized CS or the government of the vessel's flag state certifying that the vessel passed the inspections under § 157.140; or
(3) Either—
(i) A document from an authorized CS or the government of the vessel's flag state certifying that the vessel complies with the design, equipment and installation standards in §§ 157.122 through 157.136 and any amending letters approving changed COW system characteristics; or
(ii) The letter of acceptance under § 157.106 and any amending letters issued under § 157.158(c).
(Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625–0036)
Cite this article: FindLaw.com - California Code, Health and Safety Code - HSC § 122354.5 - last updated January 01, 2019 | https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-122354-5.html
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