Section 597.9 Of Title 14. Malicious Mischief 594-625c From California Penal Code >> Title 14. >> Part 1.
597.9
. (a) Except as provided in subdivision (c) or (d), any person
who has been convicted of a misdemeanor violation of subdivision (a)
or (b) of Section 597, or Section 597a, 597b, 597h, 597j, 597s, or
597.1, and who, within five years after the conviction, owns,
possesses, maintains, has custody of, resides with, or cares for any
animal is guilty of a public offense, punishable by a fine of one
thousand dollars ($1,000).
(b) Except as provided in subdivision (c) or (d), any person who
has been convicted of a felony violation of subdivision (a) or (b) of
Section 597, or Section 597b or 597.5, and who, within 10 years
after the conviction, owns, possesses, maintains, has custody of,
resides with, or cares for any animal is guilty of a public offense,
punishable by a fine of one thousand dollars ($1,000).
(c) (1) In cases of owners of livestock, as defined in Section
14205 of the Food and Agricultural Code, a court may, in the interest
of justice, exempt a defendant from the injunction required under
subdivision (a) or (b), as it would apply to livestock, if the
defendant files a petition with the court to establish, and does
establish by a preponderance of the evidence, that the imposition of
the provisions of this section would result in substantial or undue
economic hardship to the defendant's livelihood and that the
defendant has the ability to properly care for all livestock in his
or her possession.
(2) Upon receipt of a petition from the defendant, the court shall
set a hearing to be conducted within 30 days after the filing of the
petition. The petitioner shall serve a copy of the petition upon the
prosecuting attorney 10 calendar days prior to the requested
hearing. The court shall grant the petition for exemption from
subdivision (a) or (b) unless the prosecuting attorney shows by a
preponderance of the evidence that either or both of the criteria for
exemption under this subdivision are untrue.
(d) (1) A defendant may petition the court to reduce the duration
of the mandatory ownership prohibition. Upon receipt of a petition
from the defendant, the court shall set a hearing to be conducted
within 30 days after the filing of the petition. The petitioner shall
serve a copy of the petition upon the prosecuting attorney 10
calendar days prior to the requested hearing. At the hearing, the
petitioner shall have the burden of establishing by a preponderance
of the evidence all of the following:
(A) He or she does not present a danger to animals.
(B) He or she has the ability to properly care for all animals in
his or her possession.
(C) He or she has successfully completed all classes or counseling
ordered by the court.
(2) If the petitioner has met his or her burden, the court may
reduce the mandatory ownership prohibition and may order that the
defendant comply with reasonable and unannounced inspections by
animal control agencies or law enforcement.