AB 1363,
as amended, Salas. Animals: estrays:begin delete livestock animals.end deletebegin insert alpacas and goats.end insert
Existing law prescribes requirements for the seizure, management, and care of estrays. Existing law, for purposes of those provisions, defines “estray” to mean any impounded or seized bovine animal, horse, mule, sheep, swine, or burro whose owner is unknown or cannot be located. Existing law requires that any animal that is seized by, or comes into the possession of, an inspector pursuant to those provisions, be disposed of in accordance with specified requirements. Existing law makes it a misdemeanor to violate specified provisions in the Food and Agricultural Code governing the care and treatment of animals, including estrays.
This bill would additionally include anybegin delete other livestock animalend deletebegin insert
alpaca or goatend insert within that definition of “estray,” and would instead require that any animal that is seized by, or comes into the possession of, an inspector pursuant to those provisions be managed in accordance with specified requirements. The inclusion ofbegin delete other livestock animalsend deletebegin insert alpacas and goatsend insert within the definition of “estray” would expand the definition of a crime, thereby imposing a state-mandated local program.
Existing law requires the poundkeeper, other pound officer, or public animal control agency or shelter to immediately notify the Secretary of Food and Agriculture, upon the impounding of any bovine animal, horse, mule, or burro.
This bill would also make that notification requirement
applicable to the impounding of sheep, swine,begin delete or other livestock animal.end deletebegin insert alpacas, or goats.end insert
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 17001.5 of the Food and Agricultural
2Code is amended to read:
For the purpose of this chapter, “estray” means any
4impounded or seized bovine animal, horse, mule, sheep, swine,
5burro,begin delete or other livestock animalend deletebegin insert alpaca, or goatend insert whose owner is
6unknown or cannot be located.
Section 17002 of the Food and Agricultural Code is
8amended to read:
Any animal that is seized by, or comes into the
10possession of, an inspector pursuant to this part shall be managed
11pursuant to this chapter.
Section 17003 of the Food and Agricultural Code is
13amended to read:
(a) Except as provided in this section, this chapter does
15not affect any law, ordinance, or regulation regarding estrays, the
16poundkeeper, or other pound officer, or a public animal control
17agency or shelter within the limits of any city or county where
18such laws, ordinances, or regulations are in force.
19(b) Upon the impounding of any bovine animal, horse, mule,
20sheep, swine, burro,begin delete or other livestock animal,end deletebegin insert alpaca, or goat,end insert the
21poundkeeper, other pound officer, or public animal control agency
P3 1or shelter shall
immediately notify the secretary. Upon receipt of
2that notice, the secretary shall take possession of any bovine animal
3and shall dispose of it pursuant to this chapter.
4(c) Any city, county, or city and county that establishes or has
5established laws, ordinances, or regulations regarding estrays, may
6opt to follow those laws, ordinances, or regulations instead of this
7chapter in the handling of estrays that are not bovine animals in
8accordance with the applicable laws, ordinances, or regulations of
9the city, county, or city and county.
10(d) This section does not authorize any act that violates Section
11597 of the Penal Code.
No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.
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