Untitled California Attorney General Opinion

BACKGROUND

Throughout California, nonprofit animal rescue groups work to find suitable homes for stray and abandoned animals. Many such groups seek to rescue dogs from county animal shelters where dogs may be at risk of euthanasia. From time to time, shelters refuse to release certain dogs to rescue groups as an alternative to euthanasia.

Animal control is primarily a matter of local concern. “It is well settled that the licensing of dogs and the regulation of the manner in which they shall be kept and controlled are within the legitimate sphere of the police power, and that statutes and ordinances may provide for impounding dogs and for their destruction or other disposition.” 1 The California Constitution empowers counties, as political subdivisions of the State, to make and enforce within their boundaries all ordinances and regulations not in conflict with State law.

The State Legislature may and does weigh in on matters of animal control when such matters amount to a statewide concern. In particular, the State has long required counties to provide for the impounding of stray dogs and for the “killing in some humane

1 Simpson v. City of Los Angeles (1953) 40 Cal.2d 271,…