California

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CALIFORNIA VETERINARY MEDICAL ASSOCIATION, Plaintiff & Respondent, v. City of West Hollywood, Defendant & Appellant This California action concerns the adoption of an ordinance in 2003 by the City of West Hollywood that prohibits the de-clawing of house cats. Amici Curiae Animal Legal Defense Fund ("ALDF" ), the Association of Veterinarians for Animal Rights (" A V AR" ), and the Paw Project submitted a brief to assist the Court in its determination of whether the ordinance at issue on this appeal legally prohibits non-therapeutic onychectomies (commonly known as " de-clawing") of domestic animals within the City of West Hollywood. The California Superior Court found that the Business and Professions Code section 460 preempts a municipal ordinance that attempts to regulate veterinarian procedures. The Amici contend that the CVMA examines only one section of the Code and disregards other sections that apply. Further, the amici find that the CVMA’s “. . . members have a pecuniary interest in performing the acts that the City has determined to be cruel.” On Friday, June 22, 2007, the Second District Court of Appeal in Los Angeles ruled 2-1 that a city can regulate the conduct of its professionals provided it does not prohibit procedures that state law expressly allows.
California Veterinary Medical Ass'n v. City of West Hollywood


This California case centers on an anti-cat declawing ordinance passed by the city of West Hollywood in 2003.  On cross-motions for summary judgment the trial court concluded West Hollywood's anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement.  On appeal, however, this Court reversed, finding section 460 of the veterinary code does not preempt the ordinance.  Although section 460 prohibits local legislation imposing separate and additional licensing requirements or other qualifications on individuals holding state licenses issued by agencies of the Department of Consumer Affairs (DCA), it does not preclude otherwise valid local regulation of the manner in which a business or profession is performed.

CA - Zoo - § 602.13. Entering animal enclosure at zoo, circus, or traveling animal exhibit; punishment; exceptions; other prosec

This law makes it an infraction for a person to enter into an animal enclosure at a zoo, circus, or traveling animal exhibit if that facility is licensed or permitted to display animals and if it posts signs prohibiting entrance into the animal enclosures.

CA - Wild Animal - Chapter 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals.

The California Legislature adopted this act based on a findings that wild animals are captured for importation and resold in California and that some populations of wild animals are being depleted, that many animals die in captivity or transit, and that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals.  It was the intention of the Legislature to regulate the importation, transportation, and possession of wild animals to protect the native wildlife and agricultural interests against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state.  The act defines "wild animal" and classifies them by species.  Among other things, the act also includes inspection and permit provisions that govern the treatment of wild animals and the actions that may be taken where they are concerned.

CA - West Hollywood - Chapter 9.48 Animal Control Regulations.


This comprises the City of West Hollywood, California's animal control ordinances. The animal control ordinances of Los Angeles County have been adopted by reference, prohibiting animal nuisances as well as the keeping of dangerous animals. The code also defines and outlines procedures for feral cats. Uniquely, West Hollywood has a ban on onychectomy (“declawing") of domestic cats unless done as a medically necessary procedure, as well as a ban on the sale of fur (with some exceptions). Further, subject to some exemptions, the city prohibits the retail sale of cats and dogs.

CA - Veterinary - Chapter 11. Veterinary Medicine. These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
CA - Vehicle - § 23117. Transportation of animals; enclosure or restraint requirements

This California law prohibits any person from transporting any animal in the open back of a vehicle on a highway unless the vehicle has sides that extend 46" vertically, or the animal is secured in a cage and cross-tethered to prevent it from jumping out of the vehicle. The law targets the transporting of dogs in the back of pickup trucks. Exclusions include the transportation of livestock and farm dogs.

CA - Trusts - § 15212. Trusts for care of animals; duration; requirements; accountings; beneficiaries

This California statute provides that a person can create a trust for the care of a designated domestic or pet animal for the life of the animal.  The duration will only be for the life of the pet, even if the trust instrument contemplates a longer duration.  Note that the statute uses the singular form of "animal" and the term "domestic" or "pet" is used.

CA - Trapping - Chapter 2. Fur-Bearing Mammals Article 2. Fur Dealer License Note: §§ 4030 to 4043. Repealed by Stats.2019, c. 216 (A.B.273), § 11, eff. Jan. 1, 2020. Formerly, these provisions outline the requirements for fur dealers. Every person engaging in the business of buying, selling, trading or dealing in raw furs of fur-bearing mammals or nongame mammals is a fur dealer and shall procure a fur dealer license. An exception is made for those dealers that trap and sell raw furs which he has lawfully taken, or a domesticated game breeder selling raw furs of animals which he has raised. Fur dealers are required to maintain complete recordings for all of the furs they trade or sell and are prohibited from purchasing raw fur of any fur-bearing mammal or nongame mammal from any person who does not hold a valid trapping license, fur dealer license, or fur agent license.
CA - Trapping - Chapter 2. Fur-Bearing Mammals Article 1. Trapping Provisions These provisions regulate the fur trade. Fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison (with permit), or with the use of dogs. It is illegal to trap without a license and certain types of traps are not allowed. Fur dealers must have a license, with exceptions. Fur dealers are required to maintain complete records and are prohibited from purchasing raw furs from any person who does not hold a valid trapping license, fur dealer license, or fur agent license.

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