PART 1. ANIMALS AT LARGE [16301. - 17153.]

Part 1 enacted by Stats. 1967, Ch. 15.

§§ 16301–17153 · 67 sections

1. CHAPTER 1. Definitions §§ 16301–16303 · 3 sections

   • § 16301 Unless the context otherwise requires, the definitions in this chapter govern the construction of this part.
   • § 16302 “Animal” includes any domestic bovine animal, horse, mule, burro, sheep, goat, or swine, or the hide, carcass, or portion of a carcass of any such animal.
   • § 16303 “Inspector” means a hide and brand inspector. It includes the persons who are specified in Section 20010.
2. CHAPTER 2. General Provisions §§ 16401–16461 · 7 sections

   1. ARTICLE 1. Application § 16401 · 1 section

      • § 16401 This part, including the provisions regarding payment of fees, is applicable to all state and county institutions engaging in livestock operations.
   2. ARTICLE 2. Investigation § 16411 · 1 section

      • § 16411 The director may make any and all necessary investigations relative to reported violations of this part pursuant to Article 2 (commencing with Section 11180),…
   3. ARTICLE 3. Criminal Penalty § 16421 · 1 section

      • § 16421 (a) Except as otherwise provided in this part or in subdivision (b), every person that violates this part is guilty of a misdemeanor and upon conviction shall…
   4. ARTICLE 4. Civil Penalties and Remedies §§ 16441–16443 · 3 sections

      • § 16441 Any person that violates any provision of this part or any regulations issued pursuant to it is liable civilly for a penalty in an amount not to exceed a sum…
      • § 16442 The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a…
      • § 16443 The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a…
   5. ARTICLE 5. Funds § 16461 · 1 section

      • § 16461 Any money in the Department of Agriculture Fund derived under any of the provisions of this part may be expended for the administration and enforcement of any…
3. CHAPTER 3. Pedigree and Proof of Ownership §§ 16501–16527 · 9 sections

   1. ARTICLE 1. Pedigree § 16501 · 1 section

      • § 16501 It is unlawful for any person by any false or fraudulent pretense to do any of the following: (a) Obtain from any association organized for the purpose of…
   2. ARTICLE 2. Proof of Ownership §§ 16521–16527 · 8 sections

      • § 16521 (a) An inspector shall seize any bovine animal, horse, mule, or burro, or the hide or carcass of any of those animals, that is within any of the following…
      • § 16522 Evidence of ownership of an animal or hide may include any of the following: (a) A recorded brand registered in the name of the person in possession of the…
      • § 16522.5 (a) A dairy exemption number shall be evidence of ownership of cull beef cows and bulls of a recognized dairy breed presented for sale at a registered or…
      • § 16523 Evidence of ownership of a carcass may include a bill of sale, sales tag, or sales memorandum which shows all of the following: (a) The names of the seller and…
      • § 16524 It is unlawful for any person to refuse to turn over to an inspector any animal, hide, or carcass which is seized pursuant to any provision of this part.
      • § 16525 It is unlawful for any person to remove any animal, hide or carcass, which is seized by an inspector or peace officer pursuant to any provision of this…
      • § 16526 Any expense which is incurred in caring for any property seized pursuant to this part shall be paid by the person presenting the property for inspection. The…
      • § 16527 An animal, hide, or carcass seized pursuant to this chapter shall be disposed of pursuant to Chapter 7 (commencing with Section 17001).
4. CHAPTER 6. Transportation of Animals §§ 16901–16909 · 9 sections

   • § 16901 It is unlawful for any person to do any of the following: (a) Lead, drive, or conduct any animal along the track of a railroad, unless the railroad is built…
   • § 16902 A person that owns or controls the possession of any livestock shall not willfully or negligently permit any of the livestock to stray upon, or remain…
   • § 16903 It is unlawful for any person to drive any livestock upon, over, or across any public highway between the hours of sunset and sunrise unless he keeps a…
   • § 16904 In any civil action which is brought by the owner, driver, or occupant of a motor vehicle, or by their personal representatives or assignees, or by the owner…
   • § 16905 It is unlawful for any officer, agent, or conductor of any railroad in this state, to confine any animals in cars for a longer period than 36 consecutive hours…
   • § 16906 In estimating the time of confinement pursuant to Section 16905, the period during which animals have been confined without such rest on connecting roads from…
   • § 16907 If the owner or person in charge of the animals refuses or neglects to pay for the care and feed of the animals so rested, the company or person operating the…
   • § 16908 It is unlawful for any person that owns or operates any motor truck, or motor truck and trailer, or semitrailer, to confine or permit to be confined, in such…
   • § 16909 In estimating the period of confinement, the time consumed in loading and unloading the animal shall not be considered, but the time during which the animal…
5. CHAPTER 7. Estrays §§ 17001–17128 · 35 sections

   1. ARTICLE 1. Definitions and General Provisions §§ 17001–17006 · 7 sections

      • § 17001 As used in this chapter, “taker-up” means any person that takes up an estray animal pursuant to Section 17041.
      • § 17001.5 For the purpose of this chapter, “estray” means any impounded or seized bovine animal, horse, mule, sheep, swine, burro, alpaca, llama, or goat whose owner is…
      • § 17002 Any animal that is seized by, or comes into the possession of, an inspector pursuant to this part shall be managed pursuant to this chapter.
      • § 17003 (a) Except as provided in this section, this chapter does not affect any law, ordinance, or regulation regarding estrays, the shelter director, other animal…
      • § 17004 The director may take up estray animals whose owners are unknown and cannot be located.
      • § 17005 (a) It is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable animals include only those…
      • § 17006 Animals that are irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption. Except as provided in…
   2. ARTICLE 2. Taker-Up of Estrays §§ 17041–17045 · 5 sections

      • § 17041 Except as provided in Article 5 (commencing with Section 17121) of this chapter, any person that finds any estray domestic animal upon his premises, or upon…
      • § 17042 Any person that takes up an estray animal shall confine it in a secure place, and shall immediately file with the secretary a notice containing all of the…
      • § 17043 The taker-up of an estray animal shall use reasonable care to preserve it from injury. If it dies or escapes from the taker-up at any time while he is holding…
      • § 17044 The taker-up is entitled to the sum prescribed by Section 17095 for the keeping and care of the estray animal.
      • § 17045 Except as otherwise provided in this chapter, it is unlawful for any person to remove any animal from the possession of the taker-up.
   3. ARTICLE 3. Possession by Inspector §§ 17061–17069 · 9 sections

      • § 17061 Upon demand of any authorized inspector, the taker-up shall deliver possession of the animal to the inspector.
      • § 17062 Except as otherwise provided in this chapter, it is unlawful for any person to remove from the possession of an inspector any animal so delivered to him.
      • § 17063 If the animal which is seized or otherwise in the possession of the inspector is branded, the director shall cause a search to be made of the brand records to…
      • § 17064 If the brands or marks are recorded, the director shall immediately, by letter, notify the person in whose name the brands or marks are recorded.
      • § 17065 (a) If the owner is not found, and the estimated value of the animal exceeds two hundred twenty-five dollars ($225), the secretary shall cause a notice of the…
      • § 17066 If the estimated value of the animal is less than two hundred twenty-five dollars ($225) and a notice is posted for five days on a bulletin board in each…
      • § 17067 The notice of the taking up of an animal shall describe the weight, sex, breed, color, marks, and brands, if any, of the animal and shall state the time and…
      • § 17068 Any person that claims ownership in the animal may, at any time, but not later than 14 days after the first posting of notice, file his or her proofs of…
      • § 17069 If ownership is proved to the satisfaction of the director, the animal shall be turned over to the owner upon payment by the owner of all expenses which were…
   4. ARTICLE 4. Disposal and Sale §§ 17091–17096 · 6 sections

      • § 17091 If the animal at any time while in the possession of an inspector is in a condition which requires immediate disposal, the animal may be disposed of by the…
      • § 17092 If after 14 days from the date of the first posting of notice no satisfactory proof of ownership of the animal has been made, or if the owner fails or refuses…
      • § 17093 In lieu of public sale, the director may sell the animal at private sale at a price not less than the appraised value of the animal. The appraisal shall be…
      • § 17094 Any carcass or portion of a carcass may be sold by the director at any time at the market price which prevails at the time of sale.
      • § 17095 The proceeds from the sale of any animal shall be paid into, and the expenses of holding, advertising, sale, and other incidental expenses shall be paid from,…
      • § 17096 If any person shall, within one year after the date of the sale, prove to the satisfaction of the director his ownership of an animal which was sold pursuant…
   5. ARTICLE 5. Grazing Counties §§ 17121–17128 · 8 sections

      • § 17121 A lawful fence is any fence which is good, strong, substantial, and sufficient to prevent the ingress and egress of livestock. No wire fence is a good and…
      • § 17122 In any county or part of a county devoted chiefly to grazing and so declared pursuant to this article, a person shall not have the right to take up any estray…
      • § 17123 The following counties or parts of counties are declared to be devoted chiefly to grazing: (a) That portion of Trinity which is outside of the area described…
      • § 17124 The board of supervisors of any county may by ordinance declare that such county, or part of such county, is devoted chiefly to grazing.
      • § 17125 The following portions of Trinity County are declared not to be devoted chiefy to grazing: (a) All of Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, T. 31 N., R. 12…
      • § 17126 The portion of Shasta County within the following metes and bounds is declared not to be devoted chiefly to grazing: Beginning at the intersection of the…
      • § 17127 The board of supervisors of Shasta or Trinity County may, if it determines that all or any part of the county under its jurisdiction has ceased to be devoted…
      • § 17128 The act entitled “An act concerning lawful fences, and animals, trespassing upon lawfully enclosed lands,” passed March 30, 1850 (Ch. 49, Stats. 1850), and an…
6. CHAPTER 8. Electrified Fences §§ 17150–17153 · 4 sections

   • § 17150 The Legislature finds and declares that improperly designed and installed electrified fences have caused injuries and in some instances have resulted in the…
   • § 17151 (a) As used in this chapter, “electrified fence” means any fence and appurtenant devices, including, but not limited to, fences and devices used in animal…
   • § 17152 No electrified fences shall be offered for sale, sold, installed, or used in this state, or otherwise connected to a source of electrical current, unless the…
   • § 17153 The provisions of this chapter shall not be construed to preclude regulation of electrified fences by cities and counties, including, but not limited to,…