SECTIONS 16901-16909 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 16901-16909

16901. It is unlawful for any person to do any of the following:
(a) Lead, drive, or conduct any animal along the track of a
railroad, unless the railroad is built within the limits of a public
highway or public place.
(b) Permit any animal to be placed within the fences of a railroad
for grazing or other purposes if he has the right to prevent it.

16902. A person that owns or controls the possession of any
livestock shall not willfully or negligently permit any of the
livestock to stray upon, or remain unaccompanied by a person in
charge or control of the livestock upon, a public highway, if both
sides of the highway are adjoined by property which is separated from
the highway by a fence, wall, hedge, sidewalk, curb, lawn, or
building.

16903. It is unlawful for any person to drive any livestock upon,
over, or across any public highway between the hours of sunset and
sunrise unless he keeps a sufficient number of herders on continual
duty to open the road so as to permit the passage of vehicles.

16904. In any civil action which is brought by the owner, driver,
or occupant of a motor vehicle, or by their personal representatives
or assignees, or by the owner of livestock, for damages which are
caused by collision between any motor vehicle and any domestic animal
on a highway, there is no presumption or inference that the
collision was due to negligence on behalf of the owner or the person
in possession of the animal.

16905. It is unlawful for any officer, agent, or conductor of any
railroad in this state, to confine any animals in cars for a longer
period than 36 consecutive hours if the animals are being carried or
transported by the railroad in carloads. At least every 36 hours the
animals shall be unloaded for rest, water, and feeding, into properly
equipped pens for a period of not less than five consecutive hours.

16906. In estimating the time of confinement pursuant to Section
16905, the period during which animals have been confined without
such rest on connecting roads from which they are received, shall be
included.

16907. If the owner or person in charge of the animals refuses or
neglects to pay for the care and feed of the animals so rested, the
company or person operating the railroad may charge the expense of
the care and feeding to the owner or consignee and retain a lien upon
the animals until the amount of expense is paid.

16908. It is unlawful for any person that owns or operates any
motor truck, or motor truck and trailer, or semitrailer, to confine
or permit to be confined, in such vehicle, any animal for a longer
period than 28 consecutive hours from the time the animal was last
fed and watered. Upon the written request of the owner or person in
charge of the animal, the period of confinement may be extended to 36
hours. Before the expiration of the permissible period of
confinement, the animal shall be unloaded in a humane manner by means
of a chute or tailgate of sufficient size into properly equipped
pens for rest, water, and feeding, for a period of at least five
consecutive hours.
The failure of a person to feed or water an animal within the time
limit prescribed by this section is not a violation of this section
if the feeding and watering of the animal is prevented by storm or
other accidental or unavoidable causes which could not be anticipated
or avoided by the exercise of due diligence and foresight.

16909. In estimating the period of confinement, the time consumed
in loading and unloading the animal shall not be considered, but the
time during which the animal has been confined without rest, food, or
water on any other or connecting vehicle, or outside of the state,
shall be included.