Section 3961 Of Chapter 1. Game Mammals From California Fish And Game Code >> Division 4. >> Part 3. >> Chapter 1.
3961
. Whenever an employee of the department is not present to
carry out the provisions of Section 3960 with respect to any dog
inflicting injury or immediately threatening to inflict injury to any
deer, elk, or prong-horned antelope during the closed season for
these mammals, any property owner, lessee, person holding a permit
for the purpose of grazing livestock, or his or her employee, may
seize or dispatch the dog if it is found on his or her land or
premises without the permission of the person who is in immediate
possession of the land. If the dog has on it any readily visible
identification tag or license tag as prescribed by Section 30951 of
the Food and Agricultural Code, and the dog is found in the act of
immediately threatening to injure deer, elk, or prong-horned
antelope, the dog may only be dispatched under this section if the
dog has, and the owner has been notified that the dog has, previously
threatened any of these species.
No action, civil or criminal, shall be maintained for a dog
lawfully seized or dispatched pursuant to this article.
The owner of a dog shall be notified within 72 hours of the
seizure or dispatching of that dog under this section if it had the
identification tag or license tag which is required pursuant to
Section 30951 of the Food and Agricultural Code.