596. Every person who, without the consent of the owner, wilfully
administers poison to any animal, the property of another, or exposes
any poisonous substance, with the intent that the same shall be
taken or swallowed by any such animal, is guilty of a misdemeanor.
However, the provisions of this section shall not apply in the
case of a person who exposes poisonous substances upon premises or
property owned or controlled by him for the purpose of controlling or
destroying predatory animals or livestock-killing dogs and if, prior
to or during the placing out of such poisonous substances, he shall
have posted upon the property conspicuous signs located at intervals
of distance not greater than one-third of a mile apart, and in any
case not less than three such signs having words with letters at
least one inch high reading "Warning--Poisoned bait placed out on
these premises," which signs shall be kept in place until the
poisonous substances have been removed. Whenever such signs have
been conspicuously located upon the property or premises owned or
controlled by him as hereinabove provided, such person shall not be
charged with any civil liability to another party in the event that
any domestic animal belonging to such party becomes injured or killed
by trespassing or partaking of the poisonous substance or substances
so placed.
596.5. It shall be a misdemeanor for any owner or manager of an
elephant to engage in abusive behavior towards the elephant, which
behavior shall include the discipline of the elephant by any of the
following methods:
(a) Deprivation of food, water, or rest.
(b) Use of electricity.
(c) Physical punishment resulting in damage, scarring, or breakage
of skin.
(d) Insertion of any instrument into any bodily orifice.
(e) Use of martingales.
(f) Use of block and tackle.
596.7. (a) (1) For purposes of this section, "rodeo" means a
performance featuring competition between persons that includes three
or more of the following events: bareback bronc riding, saddle bronc
riding, bull riding, calf roping, steer wrestling, or team roping.
(2) A rodeo performed on private property for which admission is
charged, or that sells or accepts sponsorships, or is open to the
public constitutes a performance for the purpose of this subdivision.
(b) The management of any professionally sanctioned or amateur
rodeo that intends to perform in any city, county, or city and county
shall ensure that there is a veterinarian licensed to practice in
this state present at all times during the performances of the rodeo,
or a veterinarian licensed to practice in the state who is on-call
and able to arrive at the rodeo within one hour after a determination
has been made that there is an injury which requires treatment to be
provided by a veterinarian.
(c) (1) The attending or on-call veterinarian shall have complete
access to the site of any event in the rodeo that uses animals.
(2) The attending or on-call veterinarian may, for good cause,
declare any animal unfit for use in any rodeo event.
(d) (1) Any animal that is injured during the course of, or as a
result of, any rodeo event shall receive immediate examination and
appropriate treatment by the attending veterinarian or shall begin
receiving examination and appropriate treatment by a veterinarian
licensed to practice in this state within one hour of the
determination of the injury requiring veterinary treatment.
(2) The attending or on-call veterinarian shall submit a brief
written listing of any animal injury requiring veterinary treatment
to the Veterinary Medical Board within 48 hours of the conclusion of
the rodeo.
(3) The rodeo management shall ensure that there is a conveyance
available at all times for the immediate and humane removal of any
injured animal.
(e) The rodeo management shall ensure that no electric prod or
similar device is used on any animal once the animal is in the
holding chute, unless necessary to protect the participants and
spectators of the rodeo.
(f) A violation of this section is an infraction and shall be
punishable as follows:
(1) A fine of not less than five hundred dollars ($500) and not
more than two thousand dollars ($2,000) for a first violation.
(2) A fine of not less than one thousand five hundred dollars
($1,500) and not more than five thousand dollars ($5,000) for a
second or subsequent violation.
597. (a) Except as provided in subdivision (c) of this section or
Section 599c, every person who maliciously and intentionally maims,
mutilates, tortures, or wounds a living animal, or maliciously and
intentionally kills an animal, is guilty of an offense punishable by
imprisonment in the state prison, or by a fine of not more than
twenty thousand dollars ($20,000), or by both the fine and
imprisonment, or, alternatively, by imprisonment in a county jail for
not more than one year, or by a fine of not more than twenty
thousand dollars ($20,000), or by both the fine and imprisonment.
(b) Except as otherwise provided in subdivision (a) or (c), every
person who overdrives, overloads, drives when overloaded, overworks,
tortures, torments, deprives of necessary sustenance, drink, or
shelter, cruelly beats, mutilates, or cruelly kills any animal, or
causes or procures any animal to be so overdriven, overloaded, driven
when overloaded, overworked, tortured, tormented, deprived of
necessary sustenance, drink, shelter, or to be cruelly beaten,
mutilated, or cruelly killed; and whoever, having the charge or
custody of any animal, either as owner or otherwise, subjects any
animal to needless suffering, or inflicts unnecessary cruelty upon
the animal, or in any manner abuses any animal, or fails to provide
the animal with proper food, drink, or shelter or protection from the
weather, or who drives, rides, or otherwise uses the animal when
unfit for labor, is, for every such offense, guilty of a crime
punishable as a misdemeanor or as a felony or alternatively
punishable as a misdemeanor or a felony and by a fine of not more
than twenty thousand dollars ($20,000).
(c) Every person who maliciously and intentionally maims,
mutilates, or tortures any mammal, bird, reptile, amphibian, or fish
as described in subdivision (d), is guilty of an offense punishable
by imprisonment in the state prison, or by a fine of not more than
twenty thousand dollars ($20,000), or by both the fine and
imprisonment, or, alternatively, by imprisonment in the county jail
for not more than one year, by a fine of not more than twenty
thousand dollars ($20,000), or by both the fine and imprisonment.
(d) Subdivision (c) applies to any mammal, bird, reptile,
amphibian, or fish which is a creature described as follows:
(1) Endangered species or threatened species as described in
Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code.
(2) Fully protected birds described in Section 3511 of the Fish
and Game Code.
(3) Fully protected mammals described in Chapter 8 (commencing
with Section 4700) of Part 3 of Division 4 of the Fish and Game Code.
(4) Fully protected reptiles and amphibians described in Chapter 2
(commencing with Section 5050) of Division 5 of the Fish and Game
Code.
(5) Fully protected fish as described in Section 5515 of the Fish
and Game Code.
This subdivision does not supersede or affect any provisions of
law relating to taking of the described species, including, but not
limited to, Section 12008 of the Fish and Game Code.
(e) For the purposes of subdivision (c), each act of malicious and
intentional maiming, mutilating, or torturing a separate specimen of
a creature described in subdivision (d) is a separate offense. If
any person is charged with a violation of subdivision (c), the
proceedings shall be subject to Section 12157 of the Fish and Game
Code.
(f) (1) Upon the conviction of a person charged with a violation
of this section by causing or permitting an act of cruelty, as
defined in Section 599b, all animals lawfully seized and impounded
with respect to the violation by a peace officer, officer of a humane
society, or officer of a pound or animal regulation department of a
public agency shall be adjudged by the court to be forfeited and
shall thereupon be awarded to the impounding officer for proper
disposition. A person convicted of a violation of this section by
causing or permitting an act of cruelty, as defined in Section 599b,
shall be liable to the impounding officer for all costs of
impoundment from the time of seizure to the time of proper
disposition.
(2) Mandatory seizure or impoundment shall not apply to animals in
properly conducted scientific experiments or investigations
performed under the authority of the faculty of a regularly
incorporated medical college or university of this state.
(g) Notwithstanding any other provision of law, if a defendant is
granted probation for a conviction under this section, the court
shall order the defendant to pay for, and successfully complete,
counseling, as determined by the court, designed to evaluate and
treat behavior or conduct disorders. If the court finds that the
defendant is financially unable to pay for that counseling, the court
may develop a sliding fee schedule based upon the defendant's
ability to pay. An indigent defendant may negotiate a deferred
payment schedule, but shall pay a nominal fee if the defendant has
the ability to pay the nominal fee. County mental health departments
or Medi-Cal shall be responsible for the costs of counseling
required by this section only for those persons who meet the medical
necessity criteria for mental health managed care pursuant to Section
1830.205 of Title 7 of the California Code of Regulations or the
targeted population criteria specified in Section 5600.3 of the
Welfare and Institutions Code. The counseling specified in this
subdivision shall be in addition to any other terms and conditions of
probation, including any term of imprisonment and any fine. This
provision specifies a mandatory additional term of probation and is
not to be utilized as an alternative in lieu of imprisonment in the
state prison or county jail when such a sentence is otherwise
appropriate. If the court does not order custody as a condition of
probation for a conviction under this section, the court shall
specify on the court record the reason or reasons for not ordering
custody. This subdivision shall not apply to cases involving police
dogs or horses as described in Section 600.
597.1. (a) Every owner, driver, or keeper of any animal who permits
the animal to be in any building, enclosure, lane, street, square,
or lot of any city, county, city and county, or judicial district
without proper care and attention is guilty of a misdemeanor. Any
peace officer, humane society officer, or animal control officer
shall take possession of the stray or abandoned animal and shall
provide care and treatment for the animal until the animal is deemed
to be in suitable condition to be returned to the owner. When the
officer has reasonable grounds to believe that very prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall immediately seize the animal
and comply with subdivision (f). In all other cases, the officer
shall comply with the provisions of subdivision (g). The cost of
caring for and treating any animal properly seized under this
subdivision shall constitute a lien on the animal and the animal
shall not be returned to its owner until the charges are paid, if the
seizure is upheld pursuant to this section.
(b) Every sick, disabled, infirm, or crippled animal, except a dog
or cat, that is abandoned in any city, county, city and county, or
judicial district may be killed by the officer if, after a reasonable
search, no owner of the animal can be found. It shall be the duty
of all peace officers, humane society officers, and animal control
officers to cause the animal to be killed or rehabilitated and placed
in a suitable home on information that the animal is stray or
abandoned. The officer may likewise take charge of any animal,
including a dog or cat, that by reason of lameness, sickness,
feebleness, or neglect, is unfit for the labor it is performing, or
that in any other manner is being cruelly treated, and provide care
and treatment for the animal until it is deemed to be in a suitable
condition to be returned to the owner. When the officer has
reasonable grounds to believe that very prompt action is required to
protect the health or safety of an animal or the health or safety of
others, the officer shall immediately seize the animal and comply
with subdivision (f). In all other cases, the officer shall comply
with subdivision (g). The cost of caring for and treating any animal
properly seized under this subdivision shall constitute a lien on
the animal and the animal shall not be returned to its owner until
the charges are paid.
(c) Any peace officer, humane society officer, or animal control
officer shall convey all injured cats and dogs found without their
owners in a public place directly to a veterinarian known by the
officer to be a veterinarian who ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.
If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers from
its injuries, the veterinarian may keep the animal for purposes of
adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
Whenever any animal is transferred to a veterinarian in a clinic,
such as an emergency clinic that is not in continuous operation, the
veterinarian may, in turn, transfer the animal to an appropriate
facility.
If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services that are provided pending the owner's inquiry
to the responsible agency, department, or society shall be paid from
the dog license fees, fines, and fees for impounding dogs in the
city, county, or city and county in which the animal was licensed or,
if the animal is unlicensed, shall be paid by the jurisdiction in
which the animal was found, subject to the provision that this cost
be repaid by the animal's owner. The cost of caring for and treating
any animal seized under this subdivision shall constitute a lien on
the animal and the animal shall not be returned to the owner until
the charges are paid. No veterinarian shall be criminally or civilly
liable for any decision that he or she makes or for services that he
or she provides pursuant to this subdivision.
(d) An animal control agency that takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts of
the animal from the time of possession to the end of the animal's
impoundment, and those records shall be available for inspection by
the public upon request for three years after the date the animal's
impoundment ended.
(e) Notwithstanding any other provision of this section, any peace
officer, humane society officer, or any animal control officer may,
with the approval of his or her immediate superior, humanely destroy
any stray or abandoned animal in the field in any case where the
animal is too severely injured to move or where a veterinarian is not
available and it would be more humane to dispose of the animal.
(f) Whenever an officer authorized under this section seizes or
impounds an animal based on a reasonable belief that prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall, prior to the commencement of
any criminal proceedings authorized by this section, provide the
owner or keeper of the animal, if known or ascertainable after
reasonable investigation, with the opportunity for a postseizure
hearing to determine the validity of the seizure or impoundment, or
both.
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
of the seizure or impoundment, or both, to the owner or keeper within
48 hours, excluding weekends and holidays. The notice shall include
all of the following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal seized, including any
identification upon the animal.
(C) The authority and purpose for the seizure, or impoundment,
including the time, place, and circumstances under which the animal
was seized.
(D) A statement that, in order to receive a postseizure hearing,
the owner or person authorized to keep the animal, or his or her
agent, shall request the hearing by signing and returning an enclosed
declaration of ownership or right to keep the animal to the agency
providing the notice within 10 days, including weekends and holidays,
of the date of the notice. The declaration may be returned by
personal delivery or mail.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal and
that the animal shall not be returned to the owner until the charges
are paid, and that failure to request or to attend a scheduled
hearing shall result in liability for this cost.
(2) The postseizure hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The seizing agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the seizure or
impoundment of the animal and is not junior in rank to that person.
The agency may utilize the services of a hearing officer from outside
the agency for the purposes of complying with this section.
(3) Failure of the owner or keeper, or of his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a postseizure hearing or right to challenge his or
her liability for costs incurred.
(4) The agency, department, or society employing the person who
directed the seizure shall be responsible for the costs incurred for
caring and treating the animal, if it is determined in the
postseizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the
animal, was required to protect the health or safety of the animal or
the health or safety of others. If it is determined the seizure was
justified, the owner or keeper shall be personally liable to the
seizing agency for the cost of the seizure and care of the animal,
the charges for the seizure and care of the animal shall be a lien on
the animal, and the animal shall not be returned to its owner until
the charges are paid and the seizing agency or hearing officer has
determined that the animal is physically fit or the owner
demonstrates to the seizing agency's or the hearing officer's
satisfaction that the owner can and will provide the necessary care.
(g) Where the need for immediate seizure is not present and prior
to the commencement of any criminal proceedings authorized by this
section, the agency shall provide the owner or keeper of the animal,
if known or ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of the
animal. The owner shall produce the animal at the time of the
hearing unless, prior to the hearing, the owner has made arrangements
with the agency to view the animal upon request of the agency, or
unless the owner can provide verification that the animal was
humanely destroyed. Any person who willfully fails to produce the
animal or provide the verification is guilty of an infraction,
punishable by a fine of not less than two hundred fifty dollars
($250) nor more than one thousand dollars ($1,000).
(1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
stating the grounds for believing the animal should be seized under
subdivision (a) or (b). The notice shall include all of the
following:
(A) The name, business address, and telephone number of the
officer providing the notice.
(B) A description of the animal to be seized, including any
identification upon the animal.
(C) The authority and purpose for the possible seizure or
impoundment.
(D) A statement that, in order to receive a hearing prior to any
seizure, the owner or person authorized to keep the animal, or his or
her agent, shall request the hearing by signing and returning the
enclosed declaration of ownership or right to keep the animal to the
officer providing the notice within two days, excluding weekends and
holidays, of the date of the notice.
(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal,
that any animal seized shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a
scheduled hearing shall result in a conclusive determination that the
animal may properly be seized and that the owner shall be liable for
the charges.
(2) The preseizure hearing shall be conducted within 48 hours,
excluding weekends and holidays, after receipt of the request. The
seizing agency may authorize its own officer or employee to conduct
the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior
in rank to that person. The agency may utilize the services of a
hearing officer from outside the agency for the purposes of complying
with this section.
(3) Failure of the owner or keeper, or his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a preseizure hearing or right to challenge his or
her liability for costs incurred pursuant to this section.
(4) The hearing officer, after the hearing, may affirm or deny the
owner's or keeper's right to custody of the animal and, if
reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.
(h) If any animal is properly seized under this section, the owner
or keeper shall be personally liable to the seizing agency for the
cost of the seizure and care of the animal. Furthermore, if the
charges for the seizure or impoundment and any other charges
permitted under this section are not paid within 14 days of the
seizure, or, if the owner, within 14 days of notice of availability
of the animal to be returned, fails to pay charges permitted under
this section and take possession of the animal, the animal shall be
deemed to have been abandoned and may be disposed of by the
impounding officer.
(i) If the animal requires veterinary care and the humane society
or public agency is not assured, within 14 days of the seizure of the
animal, that the owner will provide the necessary care, the animal
shall not be returned to its owner and shall be deemed to have been
abandoned and may be disposed of by the impounding officer. A
veterinarian may humanely destroy an impounded animal without regard
to the prescribed holding period when it has been determined that the
animal has incurred severe injuries or is incurably crippled. A
veterinarian also may immediately humanely destroy an impounded
animal afflicted with a serious contagious disease unless the owner
or his or her agent immediately authorizes treatment of the animal by
a veterinarian at the expense of the owner or agent.
(j) No animal properly seized under this section shall be returned
to its owner until, in the determination of the seizing agency or
hearing officer, the animal is physically fit or the owner can
demonstrate to the seizing agency's or hearing officer's satisfaction
that the owner can and will provide the necessary care.
(k) Upon the conviction of a person charged with a violation of
this section, or Section 597 or 597a, all animals lawfully seized and
impounded with respect to the violation shall be adjudged by the
court to be forfeited and shall thereupon be transferred to the
impounding officer or appropriate public entity for proper adoption
or other disposition. A person convicted of a violation of this
section shall be personally liable to the seizing agency for all
costs of impoundment from the time of seizure to the time of proper
disposition. Upon conviction, the court shall order the convicted
person to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the seized
or impounded animals. Each person convicted in connection with a
particular animal may be held jointly and severally liable for
restitution for that particular animal. The payment shall be in
addition to any other fine or sentence ordered by the court.
The court may also order, as a condition of probation, that the
convicted person be prohibited from owning, possessing, caring for,
or having any contact with, animals of any kind and require the
convicted person to immediately deliver all animals in his or her
possession to a designated public entity for adoption or other lawful
disposition or provide proof to the court that the person no longer
has possession, care, or control of any animals. In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the release of seized or
impounded animals upon a showing of proof of ownership. Any
questions regarding ownership shall be determined in a separate
hearing by the court where the criminal case was finally adjudicated
and the court shall hear testimony from any persons who may assist
the court in determining ownership of the animal. If the owner is
determined to be unknown or the owner is prohibited or unable to
retain possession of the animals for any reason, the court shall
order the animals to be released to the appropriate public entity for
adoption or other lawful disposition. This section is not intended
to cause the release of any animal, bird, reptile, amphibian, or
fish, seized or impounded pursuant to any other statute, ordinance,
or municipal regulation. This section shall not prohibit the seizure
or impoundment of animals as evidence as provided for under any other
provision of law.
(l) It shall be the duty of all peace officers, humane society
officers, and animal control officers to use all currently acceptable
methods of identification, both electronic and otherwise, to
determine the lawful owner or caretaker of any seized or impounded
animal. It shall also be their duty to make reasonable efforts to
notify the owner or caretaker of the whereabouts of the animal and
any procedures available for the lawful recovery of the animal and,
upon the owner's and caretaker's initiation of recovery procedures,
retain custody of the animal for a reasonable period of time to allow
for completion of the recovery process. Efforts to locate or
contact the owner or caretaker and communications with persons
claiming to be the owner or caretaker shall be recorded and
maintained and be made available for public inspection.
597.2. (a) It shall be the duty of an officer of a pound, humane
society, or animal regulation department of a public agency to assist
in a case involving the abandonment or voluntary relinquishment of
an equine by the equine's owner. This section does not require a
pound, humane society, or animal regulation department of a public
agency to take actual possession of the equine.
(b) If a pound, humane society, or animal regulation department of
a public agency sells an equine at a private or public auction or
sale, it shall set the minimum bid for the sale of the equine at a
price above the current slaughter price of the equine.
(c) (1) This section does not prohibit a pound, humane society, or
animal regulation department of a public agency from placing an
equine through an adoption program at an adoption fee that may be set
below current slaughter price.
(2) A person adopting an equine under paragraph (1) shall submit a
written statement declaring that the person is adopting the equine
for personal use and not for purposes of resale, resale for
slaughter, or holding or transporting the equine for slaughter.
597.3. (a) Every person who operates a live animal market shall do
all of the following:
(1) Provide that no animal will be dismembered, flayed, cut open,
or have its skin, scales, feathers, or shell removed while the animal
is still alive.
(2) Provide that no live animals will be confined, held, or
displayed in a manner that results, or is likely to result, in
injury, starvation, dehydration, or suffocation.
(b) As used in this section:
(1) "Animal" means frogs, turtles, and birds sold for the purpose
of human consumption, with the exception of poultry.
(2) "Live animal market" means a retail food market where, in the
regular course of business, animals are stored alive and sold to
consumers for the purpose of human consumption.
(c) Any person who fails to comply with any requirement of
subdivision (a) shall for the first violation, be given a written
warning in a written language that is understood by the person
receiving the warning. A second or subsequent violation of
subdivision (a) shall be an infraction, punishable by a fine of not
less than two hundred fifty dollars ($250), nor more than one
thousand dollars ($1,000). However, a fine paid for a second
violation of subdivision (a) shall be deferred for six months if a
course is available that is administered by a state or local agency
on state law and local ordinances relating to live animal markets.
If the defendant successfully completes that course within six months
of entry of judgment, the fine shall be waived. The state or local
agency may charge the participant a fee to take the course, not to
exceed one hundred dollars ($100).
597.5. (a) Any person who does any of the following is guilty of a
felony and is punishable by imprisonment in a state prison for 16
months, or two or three years, or by a fine not to exceed fifty
thousand dollars ($50,000), or by both such fine and imprisonment:
(1) Owns, possesses, keeps, or trains any dog, with the intent
that the dog shall be engaged in an exhibition of fighting with
another dog.
(2) For amusement or gain, causes any dog to fight with another
dog, or causes any dogs to injure each other.
(3) Permits any act in violation of paragraph (1) or (2) to be
done on any premises under his or her charge or control, or aids or
abets that act.
(b) Any person who is knowingly present, as a spectator, at any
place, building, or tenement where preparations are being made for an
exhibition of the fighting of dogs, with the intent to be present at
those preparations, or is knowingly present at that exhibition or at
any other fighting or injuring as described in paragraph (2) of
subdivision (a), with the intent to be present at that exhibition,
fighting, or injuring, is guilty of a misdemeanor.
(c) Nothing in this section shall prohibit any of the following:
(1) The use of dogs in the management of livestock, as defined by
Section 14205 of the Food and Agricultural Code, by the owner of the
livestock or his or her employees or agents or other persons in
lawful custody thereof.
(2) The use of dogs in hunting as permitted by the Fish and Game
Code, including, but not limited to, Sections 3286, 3509, 3510, 4002,
and 4756, and by the rules and regulations of the Fish and Game
Commission.
(3) The training of dogs or the use of equipment in the training
of dogs for any purpose not prohibited by law.
597.6. (a) (1) No person may perform, or otherwise procure or
arrange for the performance of, surgical claw removal, declawing,
onychectomy, or tendonectomy on any cat that is a member of an exotic
or native wild cat species, and shall not otherwise alter such a cat'
s toes, claws, or paws to prevent the normal function of the cat's
toes, claws, or paws.
(2) This subdivision does not apply to a procedure performed
solely for a therapeutic purpose.
(b) Any person who violates this section is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year, by a fine of ten thousand dollars ($10,000),
or by both that imprisonment and fine.
(c) For purposes of this section, the following terms have the
following meanings:
(1) "Declawing" and "onychectomy" mean any surgical procedure in
which a portion of the animal's paw is amputated in order to remove
the animal's claws.
(2) "Tendonectomy" means a procedure in which the tendons to an
animal's limbs, paws, or toes are cut or modified so that the claws
cannot be extended.
(3) "Exotic or native wild cat species" include all members of the
taxonomic family Felidae, except domestic cats (Felis catus or Felis
domesticus) or hybrids of wild and domestic cats that are greater
than three generations removed from an exotic or native cat. "Exotic
or native wild cat species" include, but are not limited to, lions,
tigers, cougars, leopards, lynxes, bobcats, caracals, ocelots,
margays, servals, cheetahs, snow leopards, clouded leopards, jungle
cats, leopard cats, and jaguars, or any hybrid thereof.
(4) "Therapeutic purpose" means for the purpose of addressing an
existing or recurring infection, disease, injury, or abnormal
condition in the claw that jeopardizes the cat's health, where
addressing the infection, disease, injury, or abnormal condition is a
medical necessity.
597.7. (a) No person shall leave or confine an animal in any
unattended motor vehicle under conditions that endanger the health or
well-being of an animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or other circumstances that
could reasonably be expected to cause suffering, disability, or death
to the animal.
(b) Unless the animal suffers great bodily injury, a first
conviction for violation of this section is punishable by a fine not
exceeding one hundred dollars ($100) per animal. If the animal
suffers great bodily injury, a violation of this section is
punishable by a fine not exceeding five hundred dollars ($500),
imprisonment in a county jail not exceeding six months, or by both a
fine and imprisonment. Any subsequent violation of this section,
regardless of injury to the animal, is also punishable by a fine not
exceeding five hundred dollars ($500), imprisonment in a county jail
not exceeding six months, or by both a fine and imprisonment.
(c) (1) Nothing in this section shall prevent a peace officer,
humane officer, or an animal control officer from removing an animal
from a motor vehicle if the animal's safety appears to be in
immediate danger from heat, cold, lack of adequate ventilation, lack
of food or water, or other circumstances that could reasonably be
expected to cause suffering, disability, or death to the animal.
(2) A peace officer, humane officer, or animal control officer who
removes an animal from a motor vehicle shall take it to an animal
shelter or other place of safekeeping or, if the officer deems
necessary, to a veterinary hospital for treatment.
(3) A peace officer, humane officer, or animal control officer is
authorized to take all steps that are reasonably necessary for the
removal of an animal from a motor vehicle, including, but not limited
to, breaking into the motor vehicle, after a reasonable effort to
locate the owner or other person responsible.
(4) A peace officer, humane officer, or animal control officer who
removes an animal from a motor vehicle shall, in a secure and
conspicuous location on or within the motor vehicle, leave written
notice bearing his or her name and office, and the address of the
location where the animal can be claimed. The animal may be claimed
by the owner only after payment of all charges that have accrued for
the maintenance, care, medical treatment, or impoundment of the
animal.
(5) This section does not affect in any way existing liabilities
or immunities in current law, or create any new immunities or
liabilities.
(d) Nothing in this section shall preclude prosecution under both
this section and Section 597 or any other provision of law, including
city or county ordinances.
(e) Nothing in this section shall be deemed to prohibit the
transportation of horses, cattle, pigs, sheep, poultry or other
agricultural animals in motor vehicles designed to transport such
animals for agricultural purposes.
597a. Whoever carries or causes to be carried in or upon any
vehicle or otherwise any domestic animal in a cruel or inhuman
manner, or knowingly and willfully authorizes or permits it to be
subjected to unnecessary torture, suffering, or cruelty of any kind,
is guilty of a misdemeanor; and whenever any such person is taken
into custody therefor by any officer, such officer must take charge
of such vehicle and its contents, together with the horse or team
attached to such vehicle, and deposit the same in some place of
custody; and any necessary expense incurred for taking care of and
keeping the same, is a lien thereon, to be paid before the same can
be lawfully recovered; and if such expense, or any part thereof,
remains unpaid, it may be recovered, by the person incurring the
same, of the owner of such domestic animal, in an action therefore.
597b. (a) Except as provided in subdivisions (b) and (c), any
person who, for amusement or gain, causes any bull, bear, or other
animal, not including any dog, to fight with like kind of animal or
creature, or causes any animal, including any dog, to fight with a
different kind of animal or creature, or with any human being, or
who, for amusement or gain, worries or injures any bull, bear, dog,
or other animal, or causes any bull, bear, or other animal, not
including any dog, to worry or injure each other, or any person who
permits the same to be done on any premises under his or her charge
or control, or any person who aids or abets the fighting or worrying
of an animal or creature, is guilty of a misdemeanor punishable by
imprisonment in a county jail for a period not to exceed one year, by
a fine not to exceed five thousand dollars ($5,000), or by both that
imprisonment and fine.
(b) Any person who, for amusement or gain, causes any cock to
fight with another cock or with a different kind of animal or
creature or with any human being; or who, for amusement or gain,
worries or injures any cock, or causes any cock to worry or injure
another animal; and any person who permits the same to be done on any
premises under his or her charge or control, and any person who aids
or abets the fighting or worrying of any cock is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year, or by a fine not to exceed five thousand
dollars ($5,000), or by both that imprisonment and fine.
(c) A second or subsequent conviction of this section is a
misdemeanor or a felony punishable by imprisonment in a county jail
for a period not to exceed one year or the state prison for 16
months, two, or three years, by a fine not to exceed twenty-five
thousand dollars ($25,000), or by both that imprisonment and fine,
except in unusual circumstances in which the interests of justice
would be better served by the imposition of a lesser sentence.
(d) For the purposes of this section, aiding and abetting a
violation of this section shall consist of something more than merely
being present or a spectator at a place where a violation is
occurring.
597c. Any person who is knowingly present as a spectator at any
place, building, or tenement for an exhibition of animal fighting, or
who is knowingly present at that exhibition or is knowingly present
where preparations are being made for the acts described in
subdivision (a) or (b) of Section 597b, is guilty of a misdemeanor.
597d. Any sheriff, police, or peace officer, or officer qualified
as provided in Section 14502 of the Corporations Code, may enter any
place, building, or tenement, where there is an exhibition of the
fighting of birds or animals, or where preparations are being made
for such an exhibition, and, without a warrant, arrest all persons
present.
597e. Any person who impounds, or causes to be impounded in any
pound, any domestic animal, shall supply it during such confinement
with a sufficient quantity of good and wholesome food and water, and
in default thereof, is guilty of a misdemeanor. In case any domestic
animal is at any time so impounded and continues to be without
necessary food and water for more than 12 consecutive hours, it is
lawful for any person, from time to time, as may be deemed necessary,
to enter into and upon any pound in which the animal is confined,
and supply it with necessary food and water so long as it remains so
confined. Such person is not liable for the entry and may collect
the reasonable cost of the food and water from the owner of the
animal, and the animal is subject to enforcement of a money judgment
for the reasonable cost of such food and water.
597f. (a) Every owner, driver, or possessor of any animal, who
permits the animal to be in any building, enclosure, lane, street,
square, or lot, of any city, city and county, or judicial district,
without proper care and attention, shall, on conviction, be deemed
guilty of a misdemeanor. And it shall be the duty of any peace
officer, officer of the humane society, or officer of a pound or
animal regulation department of a public agency, to take possession
of the animal so abandoned or neglected and care for the animal until
it is redeemed by the owner or claimant, and the cost of caring for
the animal shall be a lien on the animal until the charges are paid.
Every sick, disabled, infirm, or crippled animal, except a dog or
cat, which shall be abandoned in any city, city and county, or
judicial district, may, if after due search no owner can be found
therefor, be killed by the officer; and it shall be the duty of all
peace officers, an officer of such society, or officer of a pound or
animal regulation department of a public agency to cause the animal
to be killed on information of such abandonment. The officer may
likewise take charge of any animal, including a dog or cat, that by
reason of lameness, sickness, feebleness, or neglect, is unfit for
the labor it is performing, or that in any other manner is being
cruelly treated; and, if the animal is not then in the custody of its
owner, the officer shall give notice thereof to the owner, if known,
and may provide suitable care for the animal until it is deemed to
be in a suitable condition to be delivered to the owner, and any
necessary expenses which may be incurred for taking care of and
keeping the animal shall be a lien thereon, to be paid before the
animal can be lawfully recovered.
(b) It shall be the duty of all officers of pounds or humane
societies, and animal regulation departments of public agencies to
convey, and for police and sheriff departments, to cause to be
conveyed all injured cats and dogs found without their owners in a
public place directly to a veterinarian known by the officer or
agency to be a veterinarian that ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.
If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal; or, if the animal is treated and recovers
from its injuries, the veterinarian may keep the animal for purposes
of adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
Whenever any animal is transferred pursuant to this subdivision to
a veterinarian in a clinic, such as an emergency clinic which is not
in continuous operation, the veterinarian may, in turn, transfer the
animal to an appropriate facility.
If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services which are provided pending the owner's inquiry
to the agency, department, or society shall be paid from the dog
license fees, fines, and fees for impounding dogs in the city,
county, or city and county in which the animal was licensed or if the
animal is unlicensed the jurisdiction in which the animal was found,
subject to the provision that this cost be repaid by the animal's
owner. No veterinarian shall be criminally or civilly liable for any
decision which he or she makes or services which he or she provides
pursuant to this section.
(c) An animal control agency which takes possession of an animal
pursuant to subdivision (b), shall keep records of the whereabouts of
the animal for a 72-hour period from the time of possession and
those records shall be available to inspection by the public upon
request.
(d) Notwithstanding any other provisions of this section, any
officer of a pound or animal regulation department or humane society,
or any officer of a police or sheriff's department may, with the
approval of his or her immediate superior, humanely destroy any
abandoned animal in the field in any case where the animal is too
severely injured to move or where a veterinarian is not available and
it would be more humane to dispose of the animal.
597g. (a) Poling a horse is a method of training horses to jump
which consists of (1) forcing, persuading, or enticing a horse to
jump in such manner that one or more of its legs will come in contact
with an obstruction consisting of any kind of wire, or a pole,
stick, rope or other object with brads, nails, tacks or other sharp
points imbedded therein or attached thereto or (2) raising, throwing
or moving a pole, stick, wire, rope or other object, against one or
more of the legs of a horse while it is jumping an obstruction so
that the horse, in either case, is induced to raise such leg or legs
higher in order to clear the obstruction. Tripping a horse is an act
that consists of the use of any wire, pole, stick, rope, or other
object or apparatus whatsoever to cause a horse to fall or lose its
balance. The poling or tripping of any horse is unlawful and any
person violating the provisions of this section is guilty of a
misdemeanor.
(b) It is a misdemeanor for any person to intentionally trip or
fell an equine by the legs by any means whatsoever for the purposes
of entertainment or sport.
(c) This section does not apply to the lawful laying down of a
horse for medical or identification purposes, nor shall the section
be construed as condemning or limiting any cultural or historical
activities, except those prohibited herein.
597h. It shall be unlawful for any person to tie or attach or
fasten any live animal to any machine or device propelled by any
power for the purpose of causing such animal to be pursued by a dog
or dogs.
Any person violating any of the provisions of this section shall
be guilty of a misdemeanor.
597i. (a) It shall be unlawful for anyone to manufacture, buy,
sell, barter, exchange, or have in his or her possession any of the
implements commonly known as gaffs or slashers, or any other sharp
implement designed to be attached in place of the natural spur of a
gamecock or other fighting bird.
(b) Any person who violates any of the provisions of this section
is guilty of a misdemeanor punishable by imprisonment in a county
jail for a period not to exceed one year, by a fine not to exceed
five thousand dollars ($5,000), or by both that imprisonment and fine
and upon conviction thereof shall, in addition to any judgment or
sentence imposed by the court, forfeit possession or ownership of
those implements.
597j. (a) Any person who owns, possesses, keeps, or trains any bird
or other animal with the intent that it be used or engaged by
himself or herself, by his or her vendee, or by any other person in
an exhibition of fighting as described in Section 597b is guilty of a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year, by a fine not to exceed five thousand
dollars ($5,000), or by both that imprisonment and fine.
(b) This section shall not apply to an exhibition of fighting of a
dog with another dog.
(c) A second or subsequent conviction of this section is a
misdemeanor punishable by imprisonment in a county jail for a period
not to exceed one year or by a fine not to exceed twenty-five
thousand dollars ($25,000), or by both that imprisonment and fine,
except in unusual circumstances in which the interests of justice
would be better served by the imposition of a lesser sentence.
597k. Anyone who, having care, custody or control of any horse or
other animal, uses what is known as the bristle bur, tack bur, or
other like device, by whatsoever name known or designated, on such
horse or other animal for any purpose whatsoever, is guilty of a
misdemeanor and is punishable by a fine of not less than fifty
dollars ($50) nor more than five hundred dollars ($500), or by
imprisonment in the county jail for not less than 10 days nor more
than 175 days, or by both such fine and imprisonment.
597l. (a) It shall be unlawful for any person who operates a pet
shop to fail to do all of the following:
(1) Maintain the facilities used for the keeping of pet animals in
a sanitary condition.
(2) Provide proper heating and ventilation for the facilities used
for the keeping of pet animals.
(3) Provide adequate nutrition for, and humane care and treatment
of, all pet animals under his or her care and control.
(4) Take reasonable care to release for sale, trade, or adoption
only those pet animals that are free of disease or injuries.
(5) Provide adequate space appropriate to the size, weight, and
specie of pet animals.
(b) (1) Sellers of pet animals shall provide buyers of a pet
animal with general written recommendations for the generally
accepted care of the class of pet animal sold, including
recommendations as to the housing, equipment, cleaning, environment,
and feeding of the animal. This written information shall be in a
form determined by the sellers of pet animals and may include
references to Web sites, books, pamphlets, videos, and compact discs.
(2) If a seller of pet animals distributes material prepared by a
third party, the seller shall not be liable for damages caused by any
erroneous information in that material unless a reasonable person
exercising ordinary care should have known of the error causing the
damage.
(3) This subdivision shall apply to any private or public retail
business that sells pet animals to the public and is required to
possess a permit pursuant to Section 6066 of the Revenue and Taxation
Code.
(4) Charges brought against a seller of pet animals for a first
violation of the provisions of this subdivision shall be dismissed if
the person charged produces in court satisfactory proof of
compliance. A second or subsequent violation is an infraction
punishable by a fine not to exceed two hundred fifty dollars ($250).
(c) As used in this section, the following terms have the
following meanings:
(1) "Pet animals" means dogs, cats, monkeys and other primates,
rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas,
turtles, and any other species of animal sold or retained for the
purpose of being kept as a household pet.
(2) "Pet shop" means every place or premises where pet animals are
kept for the purpose of either wholesale or retail sale. "Pet shop"
does not include any place or premises where pet animals are
occasionally sold.
(d) Any person who violates any provision of subdivision (a) is
guilty of a misdemeanor and is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding 90 days, or by both that fine and imprisonment.
597m. It shall be unlawful for any person to promote, advertise,
stage, hold, manage, conduct, participate in, engage in, or carry on
any bullfight exhibition, any bloodless bullfight contest or
exhibition, or any similar contest or exhibition, whether for
amusement or gain or otherwise; provided, that nothing herein shall
be construed to prohibit rodeos or to prohibit measures necessary to
the safety of participants at rodeos.
This section shall not, however, be construed as prohibiting
bloodless bullfights, contests, or exhibitions held in connection
with religious celebrations or religious festivals.
Any person violating the provisions of this section is guilty of a
misdemeanor.
597n. Any person who cuts the solid part of the tail of any horse
in the operation known as "docking," or in any other operation
performed for the purpose of shortening the tail of any horse, within
the State of California, or procures the same to be done, or imports
or brings into this state any docked horse, or horses, or drives,
works, uses, races, or deals in any unregistered docked horse, or
horses, within the State of California except as provided in Section
597r, is guilty of a misdemeanor.
597o. (a) Any person who transports an equine in a vehicle to
slaughter shall meet the following requirements:
(1) The vehicle shall have sufficient clearance to allow the
equine to be transported in a standing position with its head in a
normal upright position above its withers.
(2) Any ramps and floors in the vehicle shall be covered with a
nonskid surface to prevent the equine from slipping.
(3) The vehicle shall provide adequate ventilation to the equine
while the equine is being transported.
(4) The sides and overhead of the vehicle shall be constructed to
withstand the weight of any equine which may put pressure against the
sides or overhead.
(5) Any compartments in the interior of the vehicle shall be
constructed of smooth materials and shall contain no protrusions or
sharp objects.
(6) The size of the vehicle shall be appropriate for the number of
equine being transported and the welfare of the equine shall not be
jeopardized by overcrowding.
(7) Stallions shall be segregated during transportation to
slaughter.
(8) Diseased, sick, blind, dying, or otherwise disabled equine
shall not be transported out of this state.
(9) Any equine being transported shall be able to bear weight on
all four feet.
(10) Unweaned foals shall not be transported.
(11) Mares in their last trimester of pregnancy shall not be
transported.
(12) The person shall notify a humane officer having jurisdiction
72 hours before loading the equine in order that the humane officer
may perform a thorough inspection of the vehicle to determine if all
requirements of this section have been satisfied.
(b) (1) Any person who violates this section is guilty of a
misdemeanor and is subject to a fine of one hundred dollars ($100)
per equine being transported.
(2) Any person who violates this section for a second or
subsequent time is guilty of a misdemeanor and shall be fined five
hundred dollars ($500) per equine being transported.
(c) Whenever a person is taken into custody by an officer for a
violation of this section, the officer shall take charge of the
vehicle and its contents and deposit the property in some place of
custody.
(d) (1) Any necessary expense incurred for taking care of and
keeping the property described in subdivision (c) is a lien thereon,
to be paid before the property can be lawfully recovered.
(2) If the expense, or any part thereof, remains unpaid, it may be
recovered by the person incurring the expense from the owner of the
equine in an action therefore.
(e) For the purposes of this section, "equine" means any horse,
pony, burro, or mule.
597p. Within 30 days after the passage of this act, every owner, or
user of any docked horse, within the State of California, shall
register his or her docked horse, or horses by filing in the office
of the county clerk of the county in which such docked horse, or
horses, may then be kept, a certificate, which certificate shall
contain the name, or names of the owner, together with his or her
post office address, a full description of the color, age, size and
the use made of such docked horse, or horses; which certificate shall
be signed by the owner, or his, or her agent. The county clerk
shall number such certificate consecutively and record the name in a
book, or register to be kept for that purpose only; and shall receive
as a fee for recording of such certificate, the sum of fifty cents
($0.50), and the clerk shall thereupon issue to such person so
registering such horse or horses a certificate containing the facts
recited in this section which upon demand shall be exhibited to any
peace officer, and the same shall be conclusive evidence of a
compliance with the provisions of Section 597n of this code.
597q. The driving, working, keeping, racing or using of any
unregistered docked horse, or horses, after 60 days after the passage
of this act, shall be deemed prima facie evidence of the fact that
the party driving, working, keeping, racing or using such
unregistered docked horse, or horses, docked the tail of such horse
or horses.
597r. Any person or persons violating any of the provisions of this
act, shall be deemed guilty of a misdemeanor; provided, however,
that the provisions of Sections 597n, 597p, and 597q, shall not be
applied to persons owning or possessing any docked purebred stallions
and mares imported from foreign countries for breeding or exhibition
purposes only, as provided by an act of Congress entitled "An act
regulating the importation of breeding animals" and approved March 3,
1903, and to docked native-bred stallions and mares brought into
this State and used for breeding or exhibition purposes only; and
provided further, that a description of each such animal so brought
into the State, together with the date of importation and name and
address of importer, be filed with the county clerk of the county
where such animal is kept, within 30 days after the importation of
such animal.
597s. (a) Every person who willfully abandons any animal is guilty
of a misdemeanor.
(b) This section shall not apply to the release or rehabilitation
and release of native California wildlife pursuant to statute or
regulations of the California Department of Fish and Game.
597t. Every person who keeps an animal confined in an enclosed area
shall provide it with an adequate exercise area. If the animal is
restricted by a leash, rope, or chain, the leash, rope, or chain
shall be affixed in such a manner that it will prevent the animal
from becoming entangled or injured and permit the animal's access to
adequate shelter, food, and water. Violation of this section
constitutes a misdemeanor.
This section shall not apply to an animal which is in transit, in
a vehicle, or in the immediate control of a person.
597u. (a) No person, peace officer, officer of a humane society, or
officer of a pound or animal regulation department of a public
agency shall kill any animal by using any of the following methods:
(1) Carbon monoxide gas.
(2) Intracardiac injection of a euthanasia agent on a conscious
animal, unless the animal is heavily sedated or anesthetized in a
humane manner, or comatose, or unless, in light of all the relevant
circumstances, the procedure is justifiable.
(b) With respect to the killing of any dog or cat, no person,
peace officer, officer of a humane society, or officer of a pound or
animal regulation department of a public agency shall use any of the
methods specified in subdivision (a) or any of the following methods:
(1) High-altitude decompression chamber.
(2) Nitrogen gas
597v. No person, peace officer, officer of a humane society, or
officer of a pound or animal regulation department of a public agency
shall kill any newborn dog or cat whose eyes have not yet opened by
any other method than by the use of chloroform vapor or by
inoculation of barbiturates.
597x. (a) Notwithstanding Section 18734 of the Food and
Agricultural Code or any other provision of law, it is unlawful for
any person to sell, attempt to sell, load, cause to be loaded,
transport, or attempt to transport any live horse, mule, burro, or
pony that is disabled, if the animal is intended to be sold, loaded,
or transported for commercial slaughter out of the state.
(b) For the purposes of this section, "disabled animal" includes,
but is not limited to, any animal that has broken limbs, is unable to
stand and balance itself without assistance, cannot walk, or is
severely injured.
(c) A person who violates this section is guilty of a misdemeanor
and subject to the same penalties imposed upon a person convicted of
a misdemeanor under Section 597a.
597y. A violation of Section 597u, 597v, or 597w is a misdemeanor.
597z. (a) (1) Except as otherwise authorized under any other
provision of law, it shall be a crime, punishable as specified in
subdivision (b), for any person to sell one or more dogs under eight
weeks of age, unless, prior to any physical transfer of the dog or
dogs from the seller to the purchaser, the dog or dogs are approved
for sale, as evidenced by written documentation from a veterinarian
licensed to practice in California.
(2) For the purposes of this section, the sale of a dog or dogs
shall not be considered complete, and thereby subject to the
requirements and penalties of this section, unless and until the
seller physically transfers the dog or dogs to the purchaser.
(b) (1) Any person who violates this section shall be guilty of an
infraction or a misdemeanor.
(2) An infraction under this section shall be punishable by a fine
not to exceed two hundred fifty dollars ($250).
(3) With respect to the sale of two or more dogs in violation of
this section, each dog unlawfully sold shall represent a separate
offense under this section.
(c) This section shall not apply to any of the following:
(1) An organization, as defined in Section 501(c)(3) of the
Internal Revenue Code, or any other organization that provides, or
contracts to provide, services as a public animal sheltering agency.
(2) A pet dealer as defined under Article 2 (commencing with
Section 122125) of Chapter 5 of Part 6 of Division 105 of the Health
and Safety Code.
(3) A public animal control agency or shelter, society for the
prevention of cruelty to animals shelter, humane society shelter, or
rescue group regulated under Division 14 (commencing with Section
30501) of the Food and Agricultural Code.
598. Every person who, within any public cemetery or burying
ground, kills, wounds, or traps any bird, or destroys any bird's nest
other than swallows' nests, or removes any eggs or young birds from
any nest, is guilty of a misdemeanor.
598a. (a) Every person is guilty of a misdemeanor who kills any dog
or cat with the sole intent of selling or giving away the pelt of
such animal.
(b) Every person is guilty of a misdemeanor who possesses, imports
into this state, sells, buys, gives away or accepts any pelt of a
dog or cat with the sole intent of selling or giving away the pelt of
the dog or cat, or who possesses, imports into this state, sells,
buys, gives away, or accepts any dog or cat, with the sole intent of
killing or having killed such dog or cat for the purpose of selling
or giving away the pelt of such animal.
598b. (a) Every person is guilty of a misdemeanor who possesses,
imports into, or exports from, this state, sells, buys, gives away,
or accepts any carcass or part of any carcass of any animal
traditionally or commonly kept as a pet or companion with the intent
of using or having another person use any part of that carcass for
food.
(b) Every person is guilty of a misdemeanor who possesses, imports
into, or exports from, this state, sells, buys, gives away, or
accepts any animal traditionally or commonly kept as a pet or
companion with the intent of killing or having another person kill
that animal for the purpose of using or having another person use any
part of the animal for food.
(c) This section shall not be construed to interfere with the
production, marketing, or disposal of any livestock, poultry, fish,
shellfish, or any other agricultural commodity produced in this
state. Nor shall this section be construed to interfere with the
lawful killing of wildlife, or the lawful killing of any other animal
under the laws of this state pertaining to game animals.
598c. (a) Notwithstanding any other provision of law, it is
unlawful for any person to possess, to import into or export from the
state, or to sell, buy, give away, hold, or accept any horse with
the intent of killing, or having another kill, that horse, if that
person knows or should have known that any part of that horse will be
used for human consumption.
(b) For purposes of this section, "horse" means any equine,
including any horse, pony, burro, or mule.
(c) Violation of this section is a felony punishable by
imprisonment in the state prison for 16 months, or two or three
years.
(d) It is not the intent of this section to affect any commonly
accepted commercial, noncommercial, recreational, or sporting
activity that relates to horses.
(e) It is not the intent of this section to affect any existing
law that relates to horse taxation or zoning.
598d. (a) Notwithstanding any other provision of law, horsemeat may
not be offered for sale for human consumption. No restaurant, cafe,
or other public eating place may offer horsemeat for human
consumption.
(b) Violation of this section is a misdemeanor punishable by a
fine of not more than one thousand dollars ($1,000), or by
confinement in jail for not less than 30 days nor more than two
years, or by both that fine and confinement.
(c) A second or subsequent offense under this section is
punishable by imprisonment in the state prison for not less than two
years nor more than five years.
599. Every person is guilty of a misdemeanor who:
(a) Sells or gives away, any live chicks, rabbits, ducklings, or
other fowl as a prize for, or as an inducement to enter, any contest,
game or other competition or as an inducement to enter a place of
amusement or place of business; or
(b) Dyes or otherwise artificially colors any live chicks,
rabbits, ducklings or other fowl, or sells, offers for sale, or gives
away any live chicks, rabbits, ducklings, or other fowl which has
been dyed or artificially colored; or
(c) Maintains or possesses any live chicks, rabbits, ducklings, or
other fowl for the purpose of sale or display without adequate
facilities for supplying food, water and temperature control needed
to maintain the health of such fowl or rabbit; or
(d) Sells, offers for sale, barters, or for commercial purposes
gives away, any live chicks, rabbits, ducklings, or other fowl on any
street or highway. This section shall not be construed to prohibit
established hatchery management procedures or the display, or sale of
natural chicks, rabbits, ducklings, or other fowl in proper
facilities by dealers, hatcheries, poultrymen, or stores regularly
engaged in the business of selling the same.
599a. When complaint is made, on oath, to any magistrate authorized
to issue warrants in criminal cases, that the complainant believes
that any provision of law relating to, or in any way affecting, dumb
animals or birds, is being, or is about to be violated in any
particular building or place, the magistrate must issue and deliver
immediately a warrant directed to any sheriff, police or peace
officer or officer of any incorporated association qualified as
provided by law, authorizing him to enter and search that building or
place, and to arrest any person there present violating, or
attempting to violate, any law relating to, or in any way affecting,
dumb animals or birds, and to bring that person before some court or
magistrate of competent jurisdiction, within the city, city and
county, or judicial district within which the offense has been
committed or attempted, to be dealt with according to law, and the
attempt must be held to be a violation of Section 597.
599aa. (a) Any authorized officer making an arrest under Section
597.5 shall, and any authorized officer making an arrest under
Section 597b, 597c, 597j, or 599a may, lawfully take possession of
all birds or animals and all paraphernalia, implements or other
property or things used or employed, or about to be employed, in the
violation of any of the provisions of this code relating to the
fighting of birds or animals that can be used in animal or bird
fighting, in training animals or birds to fight, or to inflict pain
or cruelty upon animals or birds in respect to animal or bird
fighting.
(b) Upon taking possession, the officer shall inventory the items
seized and question the persons present as to the identity of the
owner or owners of the items. The inventory list shall identify the
location where the items were seized, the names of the persons from
whom the property was seized, and the names of any known owners of
the property.
Any person claiming ownership or possession of any item shall be
provided with a signed copy of the inventory list which shall
identify the seizing officer and his or her employing agency. If no
person claims ownership or possession of the items, a copy of the
inventory list shall be left at the location from which the items
were seized.
(c) The officer shall file with the magistrate before whom the
complaint against the arrested person is made, a copy of the
inventory list and an affidavit stating the affiant's basis for his
or her belief that the property and items taken were in violation of
this code. On receipt of the affidavit, the magistrate shall order
the items seized to be held until the final disposition of any
charges filed in the case subject to subdivision (e).
(d) All animals and birds seized shall, at the discretion of the
seizing officer, be taken promptly to an appropriate animal storage
facility. For purposes of this subdivision, an appropriate animal
storage facility is one in which the animals or birds may be stored
humanely. However, if an appropriate animal storage facility is not
available, the officer may cause the animals or birds used in
committing or possessed for the purpose of the alleged offenses to
remain at the location at which they were found. In determining
whether it is more humane to leave the animals or birds at the
location at which they were found than to take the animals or birds
to an animal storage facility, the officer shall, at a minimum,
consider the difficulty of transporting the animals or birds and the
adequacy of the available animal storage facility. When the officer
does not seize and transport all animals or birds to a storage
facility, he or she shall do both of the following:
(1) Seize a representative sample of animals or birds for
evidentiary purposes from the animals or birds found at the site of
the alleged offenses. The animals or birds seized as a representative
sample shall be transported to an appropriate animal storage
facility.
(2) Cause all animals or birds used in committing or possessed for
the purpose of the alleged offenses to be banded, tagged, or marked
by microchip, and photographed or videotaped for evidentiary
purposes.
(e) (1) If ownership of the seized animals or birds cannot be
determined after reasonable efforts, the officer or other person
named and designated in the order as custodian of the animals or
birds may, after holding the animals and birds for a period of not
less than 10 days, petition the magistrate for permission to humanely
destroy or otherwise dispose of the animals or birds. The petition
shall be published for three successive days in a newspaper of
general circulation. The magistrate shall hold a hearing on the
petition not less than 10 days after seizure of the animals or
birds, after which he or she may order the animals or birds to be
humanely destroyed or otherwise disposed of, or to be retained by the
officer or person with custody until the conviction or final
discharge of the arrested person. No animal or bird may be destroyed
or otherwise disposed of until 4 days after the order.
(2) Paragraph (1) shall apply only to those animals and birds
seized under any of the following circumstances:
(A) After having been used in violation of any of the provisions
of this code relating to the fighting of birds or animals.
(B) At the scene or site of a violation of any of the provisions
of this code relating to the fighting of birds or animals.
(f) Upon the conviction of the arrested person, all property
seized shall be adjudged by the court to be forfeited and shall then
be destroyed or otherwise disposed of as the court may order. Upon
the conviction of the arrested person, the court may order the person
to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the animals
or birds. Each person convicted in connection with a particular
animal or bird, excluding any person convicted as a spectator
pursuant to Section 597b or 597c, or subdivision (b) of Section
597.5, may be held jointly and severally liable for restitution
pursuant to this subdivision. This payment shall be in addition to
any other fine or other sentence ordered by the court. The court
shall specify in the order that the public entity shall not enforce
the order until the defendant satisfies all other outstanding fines,
penalties, assessments, restitution fines, and restitution orders.
The court may relieve any convicted person of the obligation to make
payment pursuant to this subdivision for good cause but shall state
the reasons for that decision in the record. In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the delivery of the
property held in custody to the owner. If the owner is unknown, the
court shall order the animals or birds to be humanely destroyed or
otherwise disposed of.
599b. In this title, the word "animal" includes every dumb
creature; the words "torment," "torture," and "cruelty" include every
act, omission, or neglect whereby unnecessary or unjustifiable
physical pain or suffering is caused or permitted; and the words
"owner" and "person" include corporations as well as individuals; and
the knowledge and acts of any agent of, or person employed by, a
corporation in regard to animals transported, owned, or employed by,
or in the custody of, the corporation, must be held to be the act and
knowledge of the corporation as well as the agent or employee.
599c. No part of this title shall be construed as interfering with
any of the laws of this state known as the "game laws," or any laws
for or against the destruction of certain birds, nor must this title
be construed as interfering with the right to destroy any venomous
reptile, or any animal known as dangerous to life, limb, or property,
or to interfere with the right to kill all animals used for food, or
with properly conducted scientific experiments or investigations
performed under the authority of the faculty of a regularly
incorporated medical college or university of this state.
599d. (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.
599e. Every animal which is unfit, by reason of its physical
condition, for the purpose for which such animals are usually
employed, and when there is no reasonable probability of such animal
ever becoming fit for the purpose for which it is usually employed,
shall be by the owner or lawful possessor of the same, deprived of
life within 12 hours after being notified by any peace officer,
officer of said society, or employee of a pound or animal regulation
department of a public agency who is a veterinarian, to kill the
same, and such owner, possessor, or person omitting or refusing to
comply with the provisions of this section shall, upon conviction, be
deemed guilty of a misdemeanor, and after such conviction the court
or magistrate having jurisdiction of such offense shall order any
peace officer, officer of said society, or officer of a pound or
animal regulation department of a public agency, to immediately kill
such animal; provided, that this shall not apply to such owner
keeping any old or diseased animal belonging to him on his own
premises with proper care.
599f. (a) No slaughterhouse, stockyard, auction, market agency, or
dealer shall buy, sell, or receive a nonambulatory animal.
(b) No slaughterhouse shall process, butcher, or sell meat or
products of nonambulatory animals for human consumption.
(c) No slaughterhouse shall hold a nonambulatory animal without
taking immediate action to humanely euthanize the animal.
(d) No stockyard, auction, market agency, or dealer shall hold a
nonambulatory animal without taking immediate action to humanely
euthanize the animal or to provide immediate veterinary treatment.
(e) While in transit or on the premises of a stockyard, auction,
market agency, dealer, or slaughterhouse, a nonambulatory animal may
not be dragged at any time, or pushed with equipment at any time, but
shall be moved with a sling or on a stoneboat or other sled-like or
wheeled conveyance.
(f) No person shall sell, consign, or ship any nonambulatory
animal for the purpose of delivering a nonambulatory animal to a
slaughterhouse, stockyard, auction, market agency, or dealer.
(g) No person shall accept a nonambulatory animal for transport or
delivery to a slaughterhouse, stockyard, auction, market agency, or
dealer.
(h) A violation of this section is subject to imprisonment in the
county jail for a period not to exceed one year, or by a fine of not
more than twenty thousand dollars ($20,000), or by both that fine and
imprisonment.
(i) As used in this section, "nonambulatory" means unable to stand
and walk without assistance.
(j) As used in this section, "animal" means live cattle, swine,
sheep, or goats.
(k) As used in this section, "humanely euthanized" means to kill
by a mechanical, chemical, or electrical method that rapidly and
effectively renders the animal insensitive to pain.
600. (a) Any person who willfully and maliciously and with no legal
justification strikes, beats, kicks, cuts, stabs, shoots with a
firearm, administers any poison or other harmful or stupefying
substance to, or throws, hurls, or projects at, or places any rock,
object, or other substance which is used in such a manner as to be
capable of producing injury and likely to produce injury, on or in
the path of, any horse being used by, or any dog under the
supervision of, any peace officer in the discharge or attempted
discharge of his or her duties, is guilty of a public offense. If
the injury inflicted is a serious injury, as defined in subdivision
(c), the person shall be punished by imprisonment in the state prison
for 16 months, two or three years, or in a county jail for not
exceeding one year, or by a fine not exceeding two thousand dollars
($2,000), or by both a fine and imprisonment. If the injury
inflicted is not a serious injury, the person shall be punished by
imprisonment in the county jail for not exceeding one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both a fine
and imprisonment.
(b) Any person who willfully and maliciously and with no legal
justification interferes with or obstructs any horse or dog being
used by any peace officer in the discharge or attempted discharge of
his or her duties by frightening, teasing, agitating, harassing, or
hindering the horse or dog shall be punished by imprisonment in a
county jail for not exceeding one year, or by a fine not exceeding
one thousand dollars ($1,000), or by both a fine and imprisonment.
(c) Any person who, in violation of this section, and with intent
to inflict such injury or death, personally causes the death,
destruction, or serious physical injury including bone fracture, loss
or impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling, of any horse or dog, shall,
upon conviction of a felony under this section, in addition and
consecutive to the punishment prescribed for the felony, be punished
by an additional term of imprisonment in the state prison for one
year.
(d) Any person who, in violation of this section, and with the
intent to inflict such injury, personally causes great bodily injury,
as defined in Section 12022.7, to any person not an accomplice,
shall, upon conviction of a felony under this section, in addition
and consecutive to the punishment prescribed for the felony, be
punished by an additional term of imprisonment in the state prison
for two years unless the conduct described in this subdivision is an
element of any other offense of which the person is convicted or
receives an enhancement under Section 12022.7.
(e) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the agency owning the animal and employing the peace officer for