Untitled California Attorney General Opinion
Case Details
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- Published
- Procedural Posture — the stage the case had reached
- opinion
Related Laws
No specific laws identified for this ruling.
Outcome
The opinion provides legal guidance on the authority of county animal shelters to refuse releasing owner-surrendered dogs to nonprofit rescue groups based on the dog's history or behavior.
Excerpt
QUESTIONS: 1. May a county animal shelter refuse to release an owner-surrendered dog to a nonprofit rescue group that has requested that the dog be released to it prior to euthanasia if, at the time of surrender, the owner checked a box on a form indicating that the dog was surrendered because it was vicious or dangerous? 2. May a county animal shelter refuse to release an owner-surrendered dog to a nonprofit rescue group that has requested that the dog be released to it prior to euthanasia if, at the time of surrender, the owner checked a box on a form indicating that the dog was surrendered because it had behavioral problems? 3. May a county animal shelter refuse to release an owner-surrendered dog to a nonprofit rescue group that has requested that the dog be released to it prior to euthanasia if, at the time of surrender, the owner made no representation as to whether the dog was vicious or dangerous, or had behavioral problems? CONCLUSIONS: 1. Yes, a shelter may refuse to release a dog if the shelter has documentation that the dog is "vicious or dangerous" under Food and Agricultural Code section 31108.5(b). A form filled out by the owner constitutes "documentation" within the meaning of the Code. 2. A shelter may refuse to release a dog if the shelter determines that the dog is not "adoptable" or "treatable" within the meaning of Food and Agricultural Code section 17005. A shelter may consider an owner's representation that a dog had behavioral problems, but the shelter must make an independent determination as to whether the dog is adoptable or treatable. 3. A shelter may refuse to release a dog if the shelter determines that the dog is not "adoptable" or "treatable" within the meaning of Food and Agricultural Code section 17005.
What This Ruling Means
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