Code Section Group

Food and Agricultural Code - FAC

DIVISION 9. ANIMALS GENERALLY [16301 - 19503]

  ( Division 9 enacted by Stats. 1967, Ch. 15. )

PART 1. ANIMALS AT LARGE [16301 - 17153]

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

CHAPTER 7. Estrays [17001 - 17128]

  ( Chapter 7 enacted by Stats. 1967, Ch. 15. )

ARTICLE 1. Definitions and General Provisions [17001 - 17006]
  ( Article 1 enacted by Stats. 1967, Ch. 15. )

17001.
  

As used in this chapter, “taker-up” means any person that takes up an estray animal pursuant to Section 17041.

(Enacted by Stats. 1967, Ch. 15.)

17001.5.
  

For the purpose of this chapter, “estray” means any impounded or seized bovine animal, horse, mule, sheep, swine, burro, alpaca, llama, or goat whose owner is unknown or cannot be located.

(Amended by Stats. 2015, Ch. 444, Sec. 1. (AB 1363) Effective January 1, 2016.)

17002.
  

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

(Amended by Stats. 2015, Ch. 444, Sec. 2. (AB 1363) Effective January 1, 2016.)

17003.
  

(a) Except as provided in this section, this chapter does not affect any law, ordinance, or regulation regarding estrays, the poundkeeper, or other pound officer, or a public animal control agency or shelter within the limits of any city or county where such laws, ordinances, or regulations are in force.

(b) Upon the impounding of any bovine animal, horse, mule, sheep, swine, burro, alpaca, llama, or goat, the poundkeeper, other pound officer, or public animal control agency or shelter shall immediately notify the secretary. Upon receipt of that notice, the secretary shall take possession of any bovine animal and shall manage it pursuant to this chapter.

(c) Any city, county, or city and county that establishes or has established laws, ordinances, or regulations regarding estrays, may opt to follow those laws, ordinances, or regulations instead of this chapter in the handling of estrays that are not bovine animals in accordance with the applicable laws, ordinances, or regulations of the city, county, or city and county.

(d) This section does not authorize any act that violates Section 597 of the Penal Code.

(Amended by Stats. 2015, Ch. 444, Sec. 3. (AB 1363) Effective January 1, 2016.)

17004.
  

The director may take up estray animals whose owners are unknown and cannot be located.

(Added by Stats. 1968, Ch. 630.)

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.

(Added by Stats. 1998, Ch. 752, Sec. 10. Effective January 1, 1999.)

17006.
  

Animals that are irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption. Except as provided in subdivision (b) of Section 31108 and subdivision (c) of Section 31752, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption.

(Amended by Stats. 2018, Ch. 194, Sec. 1. (AB 2791) Effective January 1, 2019.)

FACFood and Agricultural Code - FAC1