597o
Effective Jan 1, 1994Added by Stats. 1993, Ch. 1183, Sec. 1. Effective January 1, 1994.
(a) Any person who transports an equine in a vehicle to slaughter shall meet the following requirements:
- (1) The vehicle shall have sufficient clearance to allow the equine to be transported in a standing position with its head in a normal upright position above its withers.
- (2) Any ramps and floors in the vehicle shall be covered with a nonskid surface to prevent the equine from slipping.
- (3) The vehicle shall provide adequate ventilation to the equine while the equine is being transported.
- (4) The sides and overhead of the vehicle shall be constructed to withstand the weight of any equine which may put pressure against the sides or overhead.
- (5) Any compartments in the interior of the vehicle shall be constructed of smooth materials and shall contain no protrusions or sharp objects.
- (6) The size of the vehicle shall be appropriate for the number of equine being transported and the welfare of the equine shall not be jeopardized by overcrowding.
- (7) Stallions shall be segregated during transportation to slaughter.
- (8) Diseased, sick, blind, dying, or otherwise disabled equine shall not be transported out of this state.
- (9) Any equine being transported shall be able to bear weight on all four feet.
- (10) Unweaned foals shall not be transported.
- (11) Mares in their last trimester of pregnancy shall not be transported.
- (12) The person shall notify a humane officer having jurisdiction 72 hours before loading the equine in order that the humane officer may perform a thorough inspection of the vehicle to determine if all requirements of this section have been satisfied.
(b)
- (1) Any person who violates this section is guilty of a misdemeanor and is subject to a fine of one hundred dollars ($100) per equine being transported.
- (2) Any person who violates this section for a second or subsequent time is guilty of a misdemeanor and shall be fined five hundred dollars ($500) per equine being transported.
- (c) Whenever a person is taken into custody by an officer for a violation of this section, the officer shall take charge of the vehicle and its contents and deposit the property in some place of custody.
(d)
- (1) Any necessary expense incurred for taking care of and keeping the property described in subdivision (c) is a lien thereon, to be paid before the property can be lawfully recovered.
- (2) If the expense, or any part thereof, remains unpaid, it may be recovered by the person incurring the expense from the owner of the equine in an action therefor.
- (e) For the purposes of this section, “equine” means any horse, pony, burro, or mule.