31101-31109

FOOD AND AGRICULTURAL CODE
SECTION 31101-31109




31101.  Any dog which is found running at large without the
identification tag or dog license tag which is required pursuant to
Section 30951 may be seized and impounded by any peace officer.



31102.  Except in an area in which the provisions of Article 2
(commencing with Section 31151) of this chapter apply or as otherwise
provided in Section 31104, any person may kill any dog in any of the
following cases:
   (a) The dog is found in the act of killing, wounding, or
persistently pursuing or worrying livestock or poultry on land or
premises which are not owned or possessed by the owner of the dog.
   (b) The person has such proof as conclusively shows that the dog
has been recently engaged in killing or wounding livestock or poultry
on land or premises which are not owned or possessed by the dog's
owner.
   No action, civil or criminal, shall be maintained for the killing
of any such dog.


31103.  Except in an area in which the provisions of Article 2
(commencing with Section 31151) of this chapter apply or as otherwise
provided in Section 31104, any dog entering any enclosed or
unenclosed property upon which livestock or poultry are confined may
be seized or killed by the owner or tenant of the property or by any
employee of the owner or tenant. No action, civil or criminal, shall
be maintained against the owner, tenant, or employee for the seizure
or killing of any such dog.



31104.  The provisions of Sections 31102 and 31103 shall not apply
to any dog which is inside the corporate limits of any city, or city
and county, or to any dog which is under the reasonable control of
his owner or keeper, unless the dog is actually caught in the act or
worrying, wounding, chasing, or killing any livestock or poultry.




31105.  The board of supervisors shall provide for both of the
following:
   (a) The taking up and impounding of all dogs which are found
running at large in violation of any provision of this division.
   (b) The killing in some humane manner or other disposition of any
dog which is impounded.


31106.  The board of supervisors may appoint proper persons to take
up, impound, and kill dogs pursuant to this division or it may enter
into a contract with any humane society or other organization or
association which will do both of the following:
   (a) Undertake to carry out the provisions of this division
regarding the taking up, impounding, and killing of dogs.
   (b) Give a proper bond in whatever amount may be fixed by the
board of supervisors for the faithful performance of the contract.




31107.  No dog which is impounded pursuant to this division shall be
killed or otherwise disposed of without notice to the owner, if he
is known.


31108.  (a) The required holding period for a stray dog impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
   (1) If the public or private shelter has made the dog available
for owner redemption on one weekday evening until at least 7:00 p.m.
or one weekend day, the holding period shall be four business days,
not including the day of impoundment.
   (2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their dogs by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
   Except as provided in Section 17006, stray dogs shall be held for
owner redemption during the first three days of the holding period,
not including the day of impoundment, and shall be available for
owner redemption or adoption for the remainder of the holding period.
   (b) Except as provided in Section 17006, any stray dog that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal. The public or private shelter may enter
into cooperative agreements with any animal rescue or adoption
organization. In addition to any required spay or neuter deposit, the
public or private shelter, at its discretion, may assess a fee, not
to exceed the standard adoption fee, for animals adopted or released.
   (c) During the holding period required by this section and prior
to the adoption or euthanasia of a dog impounded pursuant to this
division, a public or private shelter shall scan the dog for a
microchip that identifies the owner of that dog and shall make
reasonable efforts to contact the owner and notify him or her that
his or her dog is impounded and is available for redemption.



31108.5.  (a) (1) Upon relinquishment of a dog to a public or
private shelter, the owner of that dog shall present sufficient
identification to establish his or her ownership of the dog and shall
sign a statement that he or she is the lawful owner of the dog.
   (2) Any person who provides false information pursuant to this
subdivision about his or her ownership of the dog shall be liable to
the true owner of the dog in the amount of one thousand dollars
($1,000).
   (b) Upon relinquishment, the dog may be made available for
immediate euthanasia if it has a history of vicious or dangerous
behavior documented by the agency charged with enforcing state and
local animal laws.



31109.  Any dog which is found straying on any farm where livestock
are kept, which has attached to its collar the identification tag or
dog license tag prescribed by Section 30951, may be taken up,
impounded, and detained in the same manner as described in this
division. The person taking up the dog may recover from the owner, in
any court having jurisdiction, the fees fixed by the board of
supervisors for taking up and keeping unlicensed and unidentified
dogs, together with costs.