Article 1. Definitions And General Provisions of California Food And Agricultural Code >> Division 9. >> Part 1. >> Chapter 7. >> Article 1.
As used in this chapter, "taker-up" means any person that
takes up an estray animal pursuant to Section 17041.
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.
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.
(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.
The director may take up estray animals whose owners are
unknown and cannot be located.
(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.
Animals that are irremediably suffering from a serious
illness or severe injury shall not be held for owner redemption or
adoption. Newborn animals that need maternal care and have been
impounded without their mothers may be euthanized without being held
for owner redemption or adoption.