SFDOG News

Dining with dogs in CA

CAN DOGS LEGALLY DINE ON PATIOS IN CA?   SOME SAY "YES!"
(NOTE: Please personally confirm all stateand local laws before attempting to take your dog on a patio in Long Beach.  ---DOG e-News.  The following is what one woman found upon doing some terrific research.) I first read the information at DogFriendly.com  www.dogfriendly.com/server/newsletters/jul06.shtml. This is a very well-researched article. On the second page you can see that the authors interviewed California Health Department Services Representative, Susan Strong. So…I googled the CHDS…….all by myself! I contacted the department on the matter and received this information: California code 113705 prohibits local government from adding to or making state health codes "stricter."  As it was explained to me, Code 114030 states:  "A food facility shall at all times be so constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects." (with exceptions for aquariums and aviaries) Therefore…...any open air dining area that is not COMPLETELY enclosed (that means no birds, no insects, etc) is not considered a "food facility" and is not required to comply with code 114045 which specifically bans dogs (with the exception of working dogs) from food facilities.  Ergo: State health codes do NOT restrict dogs from open air dining and local government may not pass laws making any stricter requirements. Owners may, but they cannot blame "the law."  We must all remember to stay informed but be responsible, too. Be smart. If Fido is a little aggressive and there are already several dogs at tables, don't insist. Keep your dog close and out of the aisle. Make sure your dog is clean and on flea control. Take your own folding water bowl, just in case. Never sit inside and put your dog "over the fence", it's dangerous for the dog! The law also requires that owners be responsible for any damage their dog causes. If your dog acts up, be responsible and take him out if you can't control him.  As dog owners we should be ready to let restaurant owners know that we like being with our dogs, that we are intelligent and savvy, that we are responsible, caring people….and very good customers! ---Susan F.

"DOGS ARE ALLOWED THROUGHOUT CALIFORNIA AT ANY OUTDOOR DINING AREAS UNLESS..."
According to Susan Strong, a representative of the California Department of Health Services (CDHS), Food and Drug Branch, "(pet) dogs are allowed throughout California at any outdoor dining areas unless they have to walk through the inside of a restaurant to get to the outdoor seats." It does not matter if food is served outside or taken out by the customer, or if the seats are located on a patio, sidewalk, or in a fenced area as long as there is access through an outside gate or opening. The California law is set by statute which was last updated in 1986. In addition, the California statute forbids counties or cities from making these codes stricter. Of course, it is still the prerogative of a restaurant owner to choose whether or not to allow dogs in their outdoor seating area, but the choice lies with the owner, not the city or county. Notwithstanding the state law, even in California, restaurants will sometimes cite local health codes in not allowing dogs at their outdoor seating areas. In some cases, the restaurant owner may be trying to shift the "blame" so that customers with dogs in tow will not be upset with the restaurant. In other cases, the local health inspector may be misapplying the interpretation of the California statute. An example of this, that we have seen over the years, is the Santa Barbara branch office of the Santa Barbara County Public Health Department which has continuously told restaurants and the public that dogs are not allowed at any outdoor seating areas. Meanwhile, the Santa Maria branch office of the Santa Barbara County Public Health Department says that dogs are allowed at outdoor tables.  www.dogfriendly.com/server/newsletters/rest0706a.shtml  ---Susan F. 

A Pet-Pourri of Animal News

CALIFORNIA IS leading the way with two new laws to protect companion animals, and it's important that dog owners, in particular, understand them. Also, the federal government has just passed a groundbreaking law to protect pets in a disaster, and our local deer are in rut, so watch out.

No chaining or tethering

As of Jan. 1, it will be illegal to chain or tether your dog to a stationary object (house, tree, fence, etc.) for more than three hours a day - for good reason. Dogs are social beings and they suffer intense loneliness and boredom when kept chained in isolation in a back yard. Chaining dogs also fosters aggression. Being chained or tethered makes dogs feel trapped, vulnerable and territorial. A Center for Disease Control study found that tethered dogs are 2.8 times more likely to bite, and small children are usually the victims.

Anti-tethering laws like SB 1578 "really do make a difference," says Ledy VanKavage, ASPCA senior director of legislation and legal training. Along with improving the lives of dogs, she says they aid in the enforcement of dog fighting laws because dog fighters typically keep their dogs on chains.

Penalties for breaking this law include a fine of up to $1,000 and/or up to six months in jail.

Leave your dog at home

California's new SB 1806 states that "no person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal." The penalties of not complying are significant.

Despite widespread public education on this issue, people continue to leave their dogs in cars that will become hot within minutes, causing suffering, brain damage and death. Every year, the Marin Humane Society responds to countless calls about animals in distress in hot cars. Now it's illegal, which should persuade people to leave their pets safely at home when the weather indicates.

For details, go to www.leginfo.ca.gov/bilinfo.html 

Disaster care for pets

A new federal animal protection law is now in place in the wake of last year's devastating hurricanes. The Pets Evacuation and Transportation Standards Act (PETS Act) was recently signed by the president and requires local and state emergency preparedness authorities to include in their evacuation plans accommodations for household and service animals. Local and state authorities must submit these plans in order to qualify for FEMA grants.

Where implemented, the PETS Act will hopefully prevent a recurrence of the tragedy of tens of thousands of animals left abandoned and suffering in the Gulf region because people were prevented from taking their pets with them when they evacuated. It is vital to be prepared in the event of a disaster.

For a free copy of a Pet Disaster Plan brochure, write to: loveanimals@marinhumanesociety.org.

California Bans Lengthy Dog California Anti-Tethering Bill Becomes Law

http://network.bestfriends.org/animallawcoalition/news/7995.html

California Governor Arnold Schwarzenegger has signed the anti-tethering bill. SB 1578 is finally law.

The new law will limit the circumstances under which Californians can tether or chain dogs. With few exceptions, "No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object."

Under the law a person may be issued a warning or charged with an infraction or misdemeanor. An infraction is punishable by a $250 fine. A misdemeanor is punishable by a fine up to $1000 or 6 months in jail or both.

The law signals a recognition by Californians and others around the country that tethering or chaining dogs is cruel and inhumane and fosters aggression.

Here are some facts about chaining dogs:

--- Chained dogs can become aggressive due to intense confinement and lack of socialization. They also feel trapped, unable to escape from noises or people or animals that frighten them.
--- Between February 2000 and January 2006 at least 107 people were attacked or killed by chained dogs in the United States. About two thirds of those incidents (75) involved children.
--- Chained dogs typically lack adequate veterinary care, food, water, or shelter. They are rarely exercised or interact with their families. These dogs suffer from neglect. Even if they are not left without adequate care, they lead an unhappy, frustrating existence for such social animals. Dogs on chains suffer intense boredom, anxiety, even neuroses; their lives are very sad and lonely.
--- Dogs can choke to death when their chains became entangled with other objects, or develop infections and severe wounds when collars become embedded in their necks.

Also, a CDC study found chained dogs are 2.8 times more likely to bite. And, “[t]he dogs most likely to bite are male, unneutered, and chained.” The American Veterinary Medical Association (AVMA) has also declared, "Never tether or chain your dog because this can contribute to aggressive behavior." Chained or tethered dogs present a danger to the community.

Another policy consideration is the inordinate amount of time and other resources animal control must devote to answering calls about cruelly chained dogs and trying to educate pet owners about the harm that comes from this practice. If chaining and tethering is illegal, those animal control resources can be spent elsewhere.

A ban on chaining and tethering can aid in enforcement of dog fighting laws. Law enforcement can use the ban to stop dog fighting because many of these dogs are kept on chains.

It should be noted the USDA issued a statement in the July, 1996 Fed. Reg. “"Our experience in enforcing the Animal Welfare Act has led us to conclude that continuous confinement of dogs by a tether is inhumane. A tether significantly restricts a dog's movement. A tether can also become tangled around or hooked on the dog's shelter structure or other objects, further restricting the dog's movement and potentially causing injury." Subsequently, in 1997 the USDA issued a regulation banning organizations and people subject to the AWA from continuously chaining dogs.

For more on the new California law, read Animal Law Coaliton's reports below and click here. California's anti-tethering initative