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California Code, Labor Code - LAB § 3208.4

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In any proceeding under this division involving an injury arising out of alleged conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning sexual conduct of the applicant with any person other than the defendant, whether consensual or nonconsensual or prior or subsequent to the alleged act complained of, shall establish specific facts showing good cause for that discovery on a noticed motion to the appeals board. ?The motion shall not be made or considered at an ex parte hearing.

The procedures set forth in Section 783 of the Evidence Code shall be followed if evidence of sexual conduct of the applicant is offered to attack his or her credibility. ?Opinion evidence, evidence of reputation, and evidence of specific instances of sexual conduct of the applicant with any person other than the defendant, or any of such evidence, is not admissible by the defendant to prove consent by or the absence of injury to the applicant, unless the injury alleged by the applicant is in the nature of loss of consortium.

A.?Floors and walls of animal holding areas shall be constructed of smooth, moisture impervious material and shall be accessible for cleaning.

B.?All animal holding areas shall be sloped to a drain connected to a sanitary sewer or an approved individual sewerage system.

C.?Rabies quarantine kennels shall be constructed such that they are isolated from all other kennels.

D.?All animal rooms must have operable floor drains.

E.?Facilities, general.

(1)?Structural strength. ?Housing facilities for dogs or cats shall be structurally sound and shall be maintained in good repair, to protect the animal from injury, to contain the animals, and to restrict the entrance of other animals.

(2)?Water and electric power. ?Reliable and adequate electric power, if required to comply with other provisions of this Part, and adequate potable water shall be available.

(3)?Storage. ?Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infestation or contamination by vermin. ?Refrigeration shall be provided for supplies of perishable food.

(4)?Waste disposal. ?Provisions shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. ?Disposal facilities shall be so provided and operated as to minimize vermin infestations, odors, and disease hazards.

(5)?Washrooms and sinks. ?Facilities, such as washrooms, basins, or sinks, shall be provided to maintain cleanliness among animal caretakers.

F.?Facilities, indoor.

(1)?Heating. ?Indoor housing facilities for dogs or cats shall be sufficiently heated when necessary to protect the dogs or cats from cold, and to provide for their health and comfort. ?The ambient temperature shall not be allowed to fall below fifty degrees Fahrenheit for dogs and cats not acclimated to lower temperatures.

(2)?Ventilation. ?Indoor housing facilities for dogs or cats shall be adequately ventilated to provide for the health and comfort of the animals at all times. ?Such facilities shall be provided with fresh air either by means of windows, doors, vents, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. ?Auxiliary ventilation, such as exhaust fans and vents of air conditioning, shall be provided when the ambient temperature is eighty-five degrees Fahrenheit or higher.

(3)?Lighting. ?Indoor housing facilities for dogs or cats shall have ample light, by natural or artificial means, or both, of good quality and well distributed. ?Such lighting shall provide uniformly distributed illumination of sufficient light intensity to permit routine inspection and cleaning during the entire working period. ?Primary enclosures shall be so placed as to protect the dogs and cats from excessive illumination.

(4)?Interior surfaces. ?The interior building surfaces of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized.

(5)?Drainage. ?A suitable method shall be provided to rapidly eliminate excess water from indoor housing facilities. ?If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. ?If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room.

G.?Facilities, outdoor.

(1)?Shelter from sunlight. ?When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs and cats kept outdoors to protect themselves from the direct rays of the sun.

(2)?Shelter from rain or snow. ?Dogs and cats kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow.

(3)?Shelter from cold weather. ?Shelter shall be provided for all dogs and cats kept outdoors when the atmospheric temperature falls below fifty degrees Fahrenheit. ?Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which a dog or cat is acclimated.

(4)?Drainage. ?A suitable method shall be provided to rapidly eliminate excess water.

H.?Primary enclosures for dogs and cats shall meet the following requirements:

(1)?Primary enclosures shall be structurally sound and maintained in good repair to protect the dogs and cats from injury, to contain them, and to keep predators out.

(2)?Primary enclosures shall be constructed and maintained so as to enable the dogs and cats to remain dry and clean.

(3)?Primary enclosures shall be constructed and maintained so that the dogs and cats will have convenient access to clean food and water as required in this Part.

(4)?The floors of primary enclosures shall be constructed so as to protect the dogs' and cats' feet and legs from injury.

(5)?Primary enclosures shall be constructed and maintained so as to provide sufficient space to allow each dog and cat to turn about freely and to easily stand, sit, and lie in a comfortable, normal position.

(6)?Primary enclosures for housing cats which have a solid floor shall contain a receptacle with sufficient clean litter to contain excreta.

(7)?Primary enclosures for housing cats shall be provided with a solid resting surface or surfaces which, in the aggregate, shall be of adequate size to comfortably hold all of the occupants of the primary enclosure at the same time. ?The resting surface or surfaces shall be elevated in primary enclosures housing two or more cats.

(8)?Primary enclosures for housing cats shall provide a minimum of two and one-half square feet of floor space per cat.

(9)?Primary enclosures for housing dogs shall provide a minimum floor space for each dog equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus six inches expressed in square feet. ?This requirement shall be computed as follows: ?(length of dog in inches plus six inches) times (length of dog in inches plus six inches) divided by one hundred forty-four inches equals minimum square footage per dog.

(10)?No more than twelve adult dogs shall be housed in the same primary enclosure.

(11)?Dog houses with chains. ?If dog houses with chains are used as primary enclosures for dogs kept outdoors, the chains used shall be so placed or attached that they cannot become entangled with the chains of other dogs or any other objects. ?Such chains shall be of a type commonly used for the size dog involved and shall be attached to the dog by means of a well-fitted collar. ?Such chains shall be at least three times the length of the dog as measured from the tip of its nose to the base of its tail and shall allow the dog convenient access to the dog house.

I.?All animal cages or holding pens shall allow sufficient room for all animals to lie down, turn around, stand, or sit in a normal position.

J.?Adequate office space for record keeping shall be provided and maintained.

K.?A receiving area shall be provided for the public to bring in, reclaim, or adopt animals.

L.?A room and table shall be provided for euthanasia and for holding carcasses.

M.?Each shelter shall have running hot water (at least one hundred eighty degrees Fahrenheit) and cold water available for cleaning at all times.

N.?Self-feeders, if used, shall be mounted so animals cannot urinate or defecate in them.

O.?Animals housed in primary enclosures with wire floors shall be provided a solid resting platform constructed of a smooth surface and moisture impervious material.

Cite this article: FindLaw.com - California Code, Labor Code - LAB § 3208.4 - last updated January 01, 2019 | https://codes.findlaw.com/ca/labor-code/lab-sect-3208-4/


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