California Statutes – Pg. 2

Statute by categorysort descending Citation Summary
CA – Fighting – § 597d. Fighting animals or birds; entries and arrests without warrant CA PENAL § 597d This provision allows for law enforcement officers to enter any place, building, or tenement, where there is an exhibition of the fighting of birds or animals, or where preparations are being made for such an exhibition, and, without a warrant, arrest all persons present.
CA – Fighting – § 598.1. Dogfighting; forfeiture proceedings CA PENAL § 598.1 This California law allows the prosecuting attorney to file a petition for forfeiture in animal fighting cases under Section 597.5 or subdivision (b) of Section 597b. Any property interest, whether tangible or intangible, that was acquired through the commission of any of the crimes listed in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b shall be subject to forfeiture, including both personal and real property, profits, proceeds, and the instrumentalities acquired, accumulated, or used by cockfighting or dogfighting participants, organizers, transporters of animals and equipment, breeders and trainers of fighting birds or fighting dogs, and persons who steal or illegally obtain dogs or other animals for fighting, including bait and sparring animals.
CA – Fighting Animals – § 597b. Fighting animals or cockfighting; prohibition; penalties; aiding and abetting CA PENAL § 597b This statute forbids anyone from causing a fight between any animal or creature for amusement or gain, or allowing an animal fight to take place on her premises.  It also makes it a misdemeanor for anyone to be present at an animal fight.
CA – Fish & Game – Chapter 6.5. Control of Illegally Taken Fish and Wildlife CA FISH & G § 2580 – 2589 This set of laws outlines various violations involving the possession and movement of illegally obtained animals and imposes liability for those activities.
CA – Fish & Game – Chapter 1. General Definitions CA FISH & G § 1 – 89.1 This chapter includes the general definitions for the Fish and Game Code.
CA – Fish & Game – Chapter 1. Taking and Possessing in General CA FISH & G § 2000 – 2021.5 These sections make it unlawful to take any bird, mammal, fish, reptile, or amphibian except as provided in this code.  Some of the restrictions in the code refer to taking after season, offering a prize or inducement to take game, setting a bounty for an animal, using sniper scopes, artificial lights, or trap guns.  Section 2009 also makes it a crime willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, or fishing.
CA – Fishing, Sport – Sport Fishing Provisions CA FISH & G § 7100 – 7400 These provisions apply to the taking and possession of fish for any purpose other than commercial.  The provisions outline license requirements, bag limits and possession requirements for various types of fish, as well as enumerate certain sale and taking prohibitions.
CA – Food Production – Chapter 13.4. Force Fed Birds CA HLTH & S § 25980 – 25984.1 This chapter concerns force fed birds (usually ducks or geese), employed in the process of making

foie gras

. Beginning July 1, 2012, California outlaws the sale of any product in the state that is the result of force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size. A peace or humane society officer may issue a citation for a civil penalty up to $1,000 for each violation, and up to $1,000 for each day the violation continues.
CA – Forfeiture – § 599aa. Seizure of fighting animals and birds, paraphernalia, etc.; affidavit of officer; custody of seized p CA PENAL § 599aa This section provides for the seizure and forfeiture of all birds, animals, paraphernalia, and any other property which is used in the fighting of birds or animals, the training of birds or animals to fight, or to inflict pain or cruelty on fighting animals.  The section outlines the procedures for seizure and forfeiture, including what is to be done with seized animals.
CA – Fur – § 598a. Killing dog or cat with intent of selling or giving away pelt; possession, sale or importation of pelt with i CA PENAL § 598a This statute makes it a misdemeanor to kill any dog or cat with the sole intent of selling or giving away the pelt of the animal.  It also makes it a misdemeanor to possess, import into California, sell, buy, give away or accept any pelt of a dog or cat with the sole intent of selling or giving away the pelt of the dog or cat.
CA – Fur – § 996. Fur bearing animals raised in captivity; ownership; protection of law CA CIVIL § 996 This California law provides that any furbearing animal whether born in captivity or brought into captivity for the purpose of pelting fur is regarded as personal property, the same as other domestic animals.
CA – Historical – 1872: Cruelty to Animals Cal. Penal Code 597 (1872) Enacted February 14, 1872 (almost identical with Field’s Draft, Section 699), and then read: “Every person who maliciously kills, maims, or wounds an animal, the property of another, or who maliciously and cruelly beats, tortures, or injures any animal, whether belonging to himself or another, is guilty of a misdemeanor.”
CA – Horse – § 21759. Caution in passing animals CA VEHICLE § 21759 This California law provides that the driver of any vehicle that approaches a horse drawn vehicle, any ridden animal, or livestock must exercise proper control of his vehicle and shall reduce speed or stop as may appear necessary to avoid frightening the animal and to insure safety of the person in charge of the animal.
CA – Horse docking – § 597p. Docked horses; registration; time; fee; certificate CA PENAL § 597p This statute requires every owner, or user of any docked horse, within the State of California, to register his or her docked horse.
CA – Horse docking – § 597q. Docked horses; unregistered; prima facie evidence CA PENAL § 597q This statute provides that driving, working, keeping, racing or using any unregistered docked horse 60 days after the passage of this act is prima facie evidence of the fact that the party engaged in such activity docked the tail of such horse.
CA – Horse slaughter – § 597o. Humane transportation of equine to slaughter; vehicle requirements; segregation of animals; viola CA PENAL § 597o This statute outlines the requirements for transporting equine to slaughter, including, but limited to, proper ventilation, sufficient space for equine to stand, and the use of ramps and floors with nonskid surfaces.
CA – Horse slaughter – § 598c. Horse slaughter for human consumption CA PENAL § 598c This statute makes it unlawful to possess, to import into or export from the state, or to sell, buy, give away, hold, or accept any equine with the intent of killing it for the purpose of human consumption. Violations could result in a felony conviction with a prison sentence of up to three years.
CA – Horse slaughter – § 598d. Sale of horsemeat for human consumption CA PENAL § 598d This statute prohibits the sale of horsemeat for human consumption. No  restaurant, cafe, or other public eating place may offer horsemeat for sale for human consumption. A first time violation is a misdemeanor.
CA – Horse tack – § 597k. Bristle bur, tack bur, etc.; use on animals CA PENAL § 597k This section makes it a misdemeanor to use a bristle bur, tack bur, or similar device, to be used on a horse or any other animal. A violation is punishable with imprisonment and/or imprisonment.
CA – Horse transportation – § 597x. Disabled equine; sale or transport for commercial slaughter; misdemeanor CA PENAL § 597x This statute makes it a misdemeanor to sell, load, or transport, any live equine that is disabled, if it is intended to be sold, loaded, or transported for commercial slaughter out of the state.
CA – Horse Tripping – Poling or tripping a horse; offenses; exceptions CA PENAL § 597g This section makes it a misdemeanor to pole or trip a horse for entertainment or sport. Poling is a method of training a horse to jump by forcing, persuading, or enticing a horse to lift its legs higher over a jump by hitting its front legs with a pole, rope, stick, etc. Tripping a horse is using a wire, pole, stick, rope, etc. to cause a horse to fall or lose its balance.
CA – Horses docking – § 597r. Docked horses; exception of imported stock; registration CA PENAL § 597r This statute makes it a misdemeanor to violate any of the horse docking provisions, but creates an exception from the provisions of Sections 597n, 597p, and 597q, to persons owning or possessing any docked purebred stallions and mares imported from foreign countries for breeding or exhibition purposes only.
CA – Humane Slaughter – Chapter 6. Slaughter CA FOOD & AG § 19501 – 19503 This California section constitutes the humane slaughter provisions for cattle, calves, horses, mules, sheep, swine, goats, fallow deer, and poultry.  The law provides that the animal shall be rendered insensible to pain by a captive bolt, gunshot, electrical or chemical means, or any other means that is rapid and effective before being cut, shackled, hoisted, thrown, or cast, with the exception of poultry which may be shackled.  Note that despite the section covering poultry, it does not apply to the slaughter of spent hens and small game birds, as defined by the department by regulation.
CA – Hunting – Chapter 5. Management of Deer CA FISH & G § 450 – 460 In an effort to to encourage the conservation, restoration, maintenance, and utilization of California’s wild deer populations, these sections mandate the creation of plans for deer herd management units. Such units may encompass a single deer herd or a group of deer herds having similar management and habitat requirements and characteristics. The objectives of such management plans are the restoration and maintenance of healthy deer herds in the wild state and to provide for high quality and diversified use of deer in California.
CA – Hunting – Article 1. Methods of Taking (including trapping methods) CA FISH & G § 3000 – 3012 These sections pertain to hunting in California. A hunting license is required, and certain hunting methods are prohibited, such as night hunting, hunting while intoxicated, shooting at an animal from a vehicle, Internet hunting, the use of body-gripping or metal-jawed traps, the use of certain poisons and lead bullets, and the use of bird or mammal calls.
CA – Hunting – Article 2. Hunting Licenses CA FISH & G § 3031 – 3040 These sections outline the general licensing requirements for hunting in the State of California.  The provisions contain age and residency requirements,  grant lifetime licenses in certain instances, and outline preferences for members of the armed forces and veterans.
CA – Hunting – Article 2.5. Hunter’s Safety. CA FISH & G § 3049 -3055.1 The Legislature of California in these sections finds and declares that individuals who engage in hunting should possess an adequate understanding of hunter safety practices, principles of conservation, and sportsmanship.  In order to achieve these goals, hunters must procure a license and complete a course in hunter safety.
CA – Hunting – Chapter 3. Nongame Mammals and Depredators CA FISH & G § 4150 – 4155, 4180-4190 These sections regulate the taking and killing of nongame mammals and depredatory animals. Nongame and fur-bearing mammals that are injuring crops or other property may be taken at any time or in any manner in accordance with this code. In some cases, a permit is required. It is unlawful to use snares, hooks, or barbed wire to remove from the den, or fire to kill in the den, any immature predatory mammal. Predators that are relocated by the department must be tagged.
CA – Hunting – Chapter 4. Deer. CA FISH & G § 4301 – 4304 These sections regulate the selling of deer meat and other parts of the deer, namely the skin, hide and head.  Once a deer has been legally taken, the code allows the skin or hide to be sold, purchased, tanned, or manufactured into articles for sale.  There is also a provision which prohibits the capturing or destroying of any deer and detaching or removing from the carcass only the head, hide, antlers, or horn.  This same section also forbids any person from leaving through carelessness or neglect any game mammal or game bird which is in his possession, or any portion of the flesh thereof usually eaten by humans, to go needlessly to waste.
CA – Hunting – Chapter 4. Deer. Article 2. License Tags CA FISH & G § 4330 – 4341 These provisions relate to the license requirements for deer hunting for both residents and nonresidents of California.  For example, the holder of a deer tag license shall carry the tag while hunting deer, and upon the killing of any deer, shall immediately fill out the tag and permanently mark the date of the kill. The deer tag shall be immediately attached to the antlers of antlered deer or to the ear of any other deer and kept attached during the open season and for 15 days thereafter.
CA – Hunting – Chapter 4. Deer. Article 3. Archery Deer Hunting. CA FISH & G § 4370 – 4371 These two sections govern archery deer hunting in California. Archery hunting is done with a bow and arrow and hunters which participate in this type of hunting are restricted from carrying a firearm.
CA – Hunting – § 2124. Possession, purchase, sale or transfer of wild animals for purpose of injuring or killing the animal for CA FISH & G § 2124 Under this California law, it is unlawful for any person to possess, transport, import, export, propagate, purchase, sell, or transfer any live mammal for the purposes of maiming, injuring, or killing the mammal for gain, amusement, or sport.
CA – Hunting – § 3511. Fully protected birds and parts thereof; permits or licenses; necessary scientific research; legal import CA FISH & G § 3511 California law specifically states that no other statutes are to be construed to allow the taking of state protected birds, of which the golden eagle and bald eagle are listed, and any licenses issued to take protected birds are void unless issued for scientific or depredation purposes.
CA – Hunting – § 3513. Migratory nongame birds; protection CA FISH & G § 3513 California law reiterates that it is illegal to take or possess any bird or its parts that is listed under the Migratory Bird Treaty Act, of which the eagle is listed.
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CA – Hunting Bears – Chapter 9. Bear CA FISH & G § 4750 – 4763 These sections outline the requirements for taking a bear in California.  It is unlawful, for example, to take any bear with a firearm, trap, or bow and arrow without first procuring a license tag authorizing the taking.  These sections list the license requirements and other restrictions on the method of taking, including penalties for violations.
CA – Importation – Chapter 2. Of Other and Miscellaneous Offenses (653o – 653r) West’s Ann. Cal. Penal Code § 653o – 653r These California laws relate to the importation of certain animals parts for commercial purposes. Under the law, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant. Starting in 2015, it shall be unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any crocodile or alligator. Section 653p makes it unlawful to posses with the intent to sell any part or dead body of any species on the federal endangered species list or species covered under the MMPA. Section 653q makes it illegal to import for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any seal.
CA – Importation – Chapter 3. Importation of Wild Animals. CA HLTH & S § 121775 – 121870 This California set of law relates to the importation of “wild animals” (defined as any animal of the class Aves (birds) or class Mammalia (mammals) that either is not normally domesticated in this state or not native to this state). The violation of any provision of this chapter shall be a misdemeanor. The department may issue a permit to import a wild animal provided that a determination is made that public health or safety will not be endangered.
CA – Impound – Seizure and impoundment of dogs on private property West’s Ann. Cal. Gov. Code § 53074 This California statute provides that animal control officer shall not seize or impound a dog on its owner’s property for violation of a leash ordinance or issue citations for the violation of such ordinance when the dog has not strayed from the owner’s private property.  However, if the dog has strayed from the property and later returned to it, an officer may issue a citation if the owner is present or impound the dog if the owner is not present.  In the latter circumstance, the officer must leave a notice of impoundment at the residence.
CA – Impound – § 597e. Domestic animals; impounding without sufficient food or water; supply by third party; collection of cost CA PENAL § 597e This statute requires anyone who impounds an animal to supply the animal with sufficient food and water.  It also states that if an animal is not provided with food and water, a person may enter the pound where the animal is being held, and provide it with food and water without being liable for the entry.
CA – Impound – § 597t. Confined animals CA PENAL § 597t This statute requires an animal kept in an enclosed area be provided with an adequate exercise area.  It also states that if the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal’s access to adequate shelter, food, and water.
CA – Initiatives – Proposition 2 (farm cruelty) 2008 Proposition 2 This 2008 California initiative measure would add to the Health & Safety Code with a law entitled, “The Prevention of Farm Animal Cruelty Act.” Specifically, the proposed law requires that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely. Exceptions are made for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes. The law provides misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days and would go into effect on January 1, 2015. It was approved in November 2008 by a margin of 63% to 37%.
CA – Initiatives – Proposition 4 (trapping) Proposition 4 (1998) This state initiative measure was proposed in 1998 and prohibits trapping mammals classified as fur bearing (or non-game) with body gripping traps for recreation or commerce in fur. This includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps and common rat and mouse traps are not considered body-gripping traps. It passed with 57.5% of the vote.
CA – Initiatives – Proposition 6 (horse slaughter) Proposition 6 (1998) This proposition would prohibit any person from possessing, transferring, receiving or holding any horse, pony, burro or mule with intent to kill it or have it killed, where the person knows or should know that any part of the animal will be used for human consumption. It provides that a violation constitutes a felony offense. There is also a provision making the sale of horsemeat for human consumption a misdemeanor offense, with subsequent violations punished as felonies. The measure was passed in 1998 with 59.4% of the vote.
CA – Licenses – City dog license tags; compliance with division CA FOOD & AG § 30502 This California statute provides that any dog tag issued pursuant to ordinance by a city or county will be valid provided it complies with this division, provides for the wearing of the license tag upon the collar of the dog, and providesfor the keeping of a record which shall establish the identity of the person that owns or harbors the dog.
CA – Lien, veterinary – Chapter 6. Other Liens. West’s Ann.Cal.Civ.Code § 3051, 3052 These California laws concern possessory liens for services, which includes veterinary proprietors and veterinary surgeons. Under Section 3051, a person who is in lawful possession of an article of person property and renders service or safekeeping to the owner has a lien on that property for compensation due. The section then specifically states that, “. . . veterinary proprietors and veterinary surgeons shall have a lien dependent on possession, for their compensation in caring for, boarding, feeding, and medical treatment of animals.” The companion section states that the person holding the lien under Section 3051, if not paid the amount due within 10 days, may sell such property at public auction by giving at least 10 days notice.
CA – Lost Property – Lost and Unclaimed Property CA CIVIL § 2080 – 2082 This statutory section comprises California’s lost property laws.
CA – Mammals – § 4700. Taking or possession prohibited; scientific research; legal imports; fully protected mammals specified CA FISH & G § 4700 This statute enumerates the fully protected mammals in the state of California.  These animals may not be taken or possessed at any time.  The statute also specifically states that permits or licenses to take these animals will not be issued, with a possible exception in the case of necessary scientific research.
CA – Marine – Chapter 10.5. Marine Life Protection Act. CA FISH & G § 2850 – 2863 In this act, the California Legislature finds and declares a need to reexamine and redesign California’s marine protected area systems to increase its effectiveness at protecting the state’s marine life, habitat, and ecosystems.  To improve the design and management of that system, the Marine Life Protection Program was adopted. A few of the Program’s goals are to protect the natural diversity and abundance of marine life, to help sustain, conserve, and protect marine life populations, and rebuild those that are depleted.
CA – Mountain Lions – Chapter 10. Mountain Lions CA FISH & G § 4800 – 4810 California statutes make mountain lions specially protected mammals.  These sections make it unlawful to take, injure, possess, transport, import, or sell any mountain lion or any part or product thereof.  Specific exceptions to these prohibitions include instances where a mountain lion is perceived to be an imminent threat to public health or safety or when it is perceived by to be an imminent threat to the survival of any threatened, endangered, candidate, or fully protected sheep species.
CA – Ordinances – Local regulations CA BUS & PROF § 7582.5 This California statute provides great deference to local municipalities by providing that regulations governing local municipalities shall not infringe upon the police powers of those local units to regulate dogs.  Specifically, it states that this chapter shall not prevent the local authorities in any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from imposing reasonable additional requirements necessary to regulate and control protection dogs according to their local needs and not inconsistent with the provisions of this chapter.
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About Beverlee McGrath

Founder of HELPANIMALSNV.ORG and HELPANIMALSCA.ORG. ALSO: Nevada Legislative Specialist & Special Projects • ASPCA • Best Friends Animal Society • Nevada Humane Society • SPCA of No. Nevada • NV Political Action for Animals • Lake Tahoe Humane Society & SPCA • Compassion Charity of America • Pet Network Humane Society • Wylie Animal Rescue Foundation • Paw Pac • Lake Tahoe Wolf Rescue • Hidden Valley Horse Rescue • Fallon Animal Welfare Group • NHS Carson City
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