AB 1363,
as amended, Salas. Animals: estrays:begin delete alpacas andend deletebegin insert alpacas, llamas, andend insert goats.
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 thosebegin delete provisions,end deletebegin insert provisionsend insert 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 alpacaend deletebegin insert alpaca, llama,end insert or goat within that definition of “estray,” and wouldbegin delete insteadend delete require that any animal that is seized by, or comes into the possession of, an inspector pursuant to those provisions bebegin delete managedend deletebegin insert managed, rather than disposed of,end insert in accordance withbegin insert theend insert specified requirements. The inclusion ofbegin delete alpacasend deletebegin insert
alpacas, llamas,end insert
and goats 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 andbegin delete Agriculture,end deletebegin insert Agricultureend insert 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, alpacas,begin insert llamas,end insert or goats.
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, alpaca,begin insert llama,end insert or goat whose owner is unknown or cannot
6be 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.
P3 1(b) Upon the impounding of any bovine animal, horse, mule,
2sheep, swine, burro, alpaca,begin insert llama,end insert or goat, the poundkeeper, other
3pound officer, or public animal control agency or shelter shall
4immediately notify the secretary. Upon receipt of that notice, the
5secretary shall take
possession of any bovine animal and shall
6begin delete dispose ofend deletebegin insert manageend insert it pursuant to this chapter.
7(c) Any city, county, or city and county that establishes or has
8established laws, ordinances, or regulations regarding estrays, may
9opt to follow those laws, ordinances, or regulations instead of this
10chapter in the handling of estrays that are not bovine animals in
11accordance with the applicable laws, ordinances, or regulations of
12the city, county, or city and county.
13(d) This section does not authorize any act that violates Section
14597 of the Penal Code.
No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.
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