RC: RE: BRAND INSPECTION IN CALIFORNIA (long)

["Bob Morris" <bobmorris@rmci.net>]

Look at the CA. Live stock Code also known as the FOOD & AGRICULTURE CODE.

Specifically look at section 17001/17006 and 17041/17045 which deal with
estrays. (a strayed animal) This law specifically delineates your rights to
hold this animal for a fee. It also denotes the responsibility of the civil
authorities.


Bob Morris
Morris Endurance Enterprises
Boise, ID

CALIFORNIA
FOOD AND AGRICULTURAL CODE
SECTION 17001-17006





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, or
burro whose owner is unknown or cannot be located.



17002.  Any animal which is seized by, or comes into the possession
of, an inspector pursuant to this part shall be disposed of pursuant
to this chapter.


17003.  Except as provided in this section, this chapter does not
affect any law or regulation regarding estrays, the poundkeeper, or
the other pound officer within the limits of any city or county where
laws regarding estrays are in force.
   Upon the impounding of any bovine animal, horse, mule, or burro,
the poundkeeper or other pound officer shall immediately notify the
secretary.  Upon receipt of that notice, the secretary shall take
possession of any bovine animal and shall dispose of it pursuant to
this chapter.
   This section does not authorize any act that violates Section 597
of the Penal Code.


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 animals eight weeks of age or
older that, at or subsequent to the time the animal is impounded or
otherwise taken into possession, have manifested no sign of a
behavioral or temperamental defect that could pose a health or safety
risk or otherwise make the animal unsuitable for placement as a pet,
and have manifested no sign of disease, injury, or congenital or
hereditary condition that adversely affects the health of the animal
or that is likely to adversely affect the animal's health in the
future.
   (b) It is the policy of the state that no treatable animal should
be euthanized.  A treatable animal shall include any animal that is
not adoptable but that could become adoptable with reasonable
efforts.  This subdivision, by itself, shall not be the basis of
liability for damages regarding euthanasia.



17006.  Animals that are irremediably suffering from a serious
illness or severe injury shall not be held for owner redemption or
adoption.  Newborn animals that need maternal care and have been
impounded without their mothers may be euthanized without being held
for owner redemption or adoption.


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FOOD AND AGRICULTURAL CODE
SECTION 17041-17045





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 premises to which he has the right
of possession, or upon any highway which is adjacent to such
premises, may take up the animal and have a lien for all expenses
which are incurred in taking up, keeping, and caring for it.



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 following:
   (a) A description of the animal seized.
   (b) The marks and brands, if any.
   (c) The probable value of the animal.
   (d) A statement of the date and place where it was taken up and
confined.


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 it pursuant to this chapter, the
taker-up shall not be held liable in any manner therefor.




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.

FOOD AND AGRICULTURAL CODE
SECTION 17121-17128





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 substantial fence within the
meaning of this article unless it has three tightly stretched barbed
wires securely fastened to posts of reasonable strength, firmly set
in the ground not more than one rod apart, one of which wires shall
be at least four feet above the surface of the ground.  Any kind of
wire or other fence of height, strength and capacity equal to or
greater than the wire fence herein described is a good and
substantial fence within the meaning of this article.  The term
"lawful fence" includes cattle guards of such width, depth, rail
spacing, and construction as will effectively turn livestock.



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 animal found upon his premises, or
upon premises to which he has the right of possession, nor shall he
have a lien thereon, unless the premises are entirely enclosed with a
good and substantial fence.



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
in Section 17125.
   (b) That portion of Shasta outside of the area which is described
in Section 17126.
   (c) Siskiyou, Lassen, and Modoc.
   (d) Any county or part of a county which is declared to be devoted
chiefly to grazing pursuant to Section 17124.



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 W.; Section 7 and the north 1/2 of Section 18, T. 31 N., R. 11 W.,
M.D.M.
   (b) Beginning at the section corner common to Sections 7 and 18,
T. 33 N., R. 9 W. and Sections 12 and 13, T. 33 N., R. 10 W., thence
west 20 chains; then north 20 chains; thence west 20 chains; thence
north 50 chains; thence east 17.09 chains; then south 32* west, 5.41
chains; thence south 59*  east, 13.12 chains; thence south 42* 30'
east, 4.80 chains; thence north 22* east, 5.41 chains; thence north
22* west, 4.90 chains; thence north 75* west, 3.40 chains; thence
north 33* west, 2.45 chains; thence north 58* west, 4.47 chains;
thence east 15.02 chains; thence south 10* west, 4.66 chains; thence
south 22* east, 3.75 chains; thence north 12* east, 8.04 chains;
thence east 2.00 chains; thence north 9.361/2 chains; thence north
14* 30' east, 10.58 chains; thence north 20* 30' west, 0.42 chains;
thence east 17.59 chains; thence south 30.00 chains; thence east
20.00 chains; thence south 40.00 chains; thence west 10.  00 chains;
thence south 20.00 chains; thence west 30.00 chains, to and closing
on the starting corner.
   (c) Beginning at the northeast corner of the southwest quarter of
Section 17; thence south along the east line of said quarter section
and the east line of the northwest quarter of Section 20, to the
southeast corner of said quarter section; thence west along the south
line of said quarter section and the south line of the northeast
quarter of Section 19 to the southwest corner of said quarter
section; thence north along the west line of said quarter section and
the west line of the southeast quarter of Section 18 to the
northwest corner of said quarter section; and thence east along the
north line of said quarter section and the north line of the
southwest quarter of Section 17 to the northeast corner of said
quarter section and the point of beginning; being the southwest
quarter of Section 17, the southeast quarter of Section 18, the
northeast quarter of Section 19, and the northwest quarter of Section
20, T. 33 N., R. 8 W., Mount Diablo base and meridian.
   (d) Highway U.S. 299 and all land within 500 feet of each side of
the centerline of the highway.
   (e) All of Section 5, T. 33 N., R. 9 W., M.D.M.



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 Reading Grant line and the
northwest corner of the Anderson-Cottonwood Irrigation District,
thence southerly along said Reading Grant line to the first
intersection with the boundary of the dissolved Happy Valley
Irrigation District; thence counterclockwise around the boundaries of
said dissolved Happy Valley Irrigation District to the southeast
corner of Section 20, T. 30 N., R. 4 W., M.D.B. and M.; thence
directly east along section lines to the westerly boundary line of
the Anderson-Cottonwood Irrigation District; thence counterclockwise
around the boundaries of said district to Cottonwood Creek; thence
down Cottonwood Creek to its confluence with the Sacramento River;
thence counterclockwise along the most easterly and northerly
boundary lines of said Anderson-Cottonwood Irrigation District,
including a crossing of the Sacramento River, to the point of
beginning.



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 chiefly to grazing, provide by
ordinance that estray animals may thereafter be taken up on
unenclosed property in the county or part of county under its
jurisdiction.  It is the intent and purpose of this section that the
provisions of law which are generally applicable throughout the state
shall be extended to all of the county when the conditions upon
which the exceptions were based have ceased to exist.



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 act entitled "An act concerning
lawful fences in the Counties of San Bernardino, Colusa, Shasta,
Tehama and Placer," approved April 18, 1859 (Ch. 266, Stats. 1859),
insofar as the provisions of each of the acts apply to or affect the
Counties of Trinity, Shasta, except that portion described in Section
17126, and Siskiyou, are continued in force, except as to goats,
swine, or hogs, which may be taken up in the counties when the goats,
swine or hogs estray or trespass on lands of others.  The provisions
of this chapter apply to goats, swine, or hogs in such counties, but
in all other respects the acts specified in this section are
continued in full force therein, it being determined that the
conditions prevailing in the Counties of Trinity, Shasta, except that
portion described in Section 17126, and Siskiyou demand the
continued application of the acts in the counties until such time as
action is taken pursuant to Section 17124.


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-----Original Message-----
From: Dyane Smith [mailto:sunibey@sisqtel.net]
Sent: Saturday, January 15, 2000 1:13 PM
To: Ridecamp
Subject: RC: BRAND INSPECTION IN CALIFORNIA (long)


Thought I would pass this on for what it's worth.  The local brand inspector
told me that they don't inspect brands on horses anymore in California.  My
concern is that that poses a risk to horses who might wander off or be
stolen.

Case in point.  Since Thanksgiving, I have had a stray horse hanging out in
the unfenced part of the pasture.  He's a good-looking young, quarter or
Morgan type (depending on what part of his anatomy you focus on) who knows
about carrots and bran mash and was in good condition when he arrived (fat
now eating the pasture my horses can't get to).  Animal control came
out--said the whole county is open-range so I can't lock him up.  Bad
part--I have to carry food to my horses and this is teaching the stray to be
very muscly trying to snag some.  I have had to start driving through the
pasture to get close to my horses to at least give me some chance of getting
there.  The stray comes at a gallop and then pushes on me or, worse, turns
around and starts backing up--I and all horses know that's sign language for
"If we can't come to terms here, I'll kick you into next week.  Not to put
too fine a point on it--this horse, though short, is built like a tank--I'm
more of a coward every moonless night.  The other day, he lifted the gate
off its hinges (I know, should have been hinged better) and liberated two of
mine and went into the pasture to harass my old guy.

I love the rural nature of this area and I'm not interested in making rash
changes--but I'm starting to think that there are pros and cons to a law
that won't let me give him to other people who can and would care for him
until we find the owner.  Furthermore, if the brand inspector won't help and
animal control is really for dogs and cats, even here.  What then?

Dyane
Sleepless in Siskiyou.