Code Section Group

Food and Agricultural Code - FAC


  ( 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 2. Taker-Up of Estrays [17041 - 17045]
  ( Article 2 enacted by Stats. 1967, Ch. 15. )


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.

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


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.

(Amended by Stats. 1996, Ch. 653, Sec. 11. Effective January 1, 1997.)


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.

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


The taker-up is entitled to the sum prescribed by Section 17095 for the keeping and care of the estray animal.

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


Except as otherwise provided in this chapter, it is unlawful for any person to remove any animal from the possession of the taker-up.

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

FACFood and Agricultural Code - FAC2.