California Laws - Food and Agriculture Code
DIVISION 9. ANIMALS GENERALLY
PART 1. ANIMALS AT LARGE

CHAPTER 2. GENERAL PROVISIONS (5554)(1-click HTML)

Article 1. Application (16401) (5555)(1-click HTML)

16401. This part, including the provisions regarding payment of fees, is applicable to all state and county institutions engaging in livestock operations. (5556)

Article 2. Investigation (16411) (5557)(1-click HTML)

16411. The director may make any and all necessary investigations relative to reported violations of this part pursuant to Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code. (5558)

Article 3. Criminal Penalty (16421) (5559)(1-click HTML)

16421. (a) Except as otherwise provided in this part or in subdivision (b), every person that violates this part is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment of not less than 10 days nor more than one year, or by both the fine and imprisonment. Each violation during any day shall constitute a separate offense. (5560)

(b) Every person who violates the following is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment of not less than 10 days nor more than six months, or by both the fine and imprisonment. Each violation during any day shall constitute a separate offense: (5561)

(1) Article 1 (commencing with Section 16501) of Chapter 3. (5562)

(2) Chapter 5 (commencing with Section 16801). (5563)

(3) Article 5 (commencing with Section 17121) of Chapter 7. (5564)

(4) Chapter 8 (commencing with Section 17150). (5565)

Article 4. Civil Penalties and Remedies (16441-16443) (5566)(1-click HTML)

16441. Any person that violates any provision of this part or any regulations issued pursuant to it is liable civilly for a penalty in an amount not to exceed a sum of five hundred dollars ($500) for each violation. Any money recovered under this section shall be paid into the Department of Agriculture Fund. (5567)

16442. The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring action for civil penalties in the name of the people of this state in any court of competent jurisdiction in this state against any person violating any provision of this part. (5568)

16443. The Attorney General shall, upon complaint by the director, or may upon his own initiative, if after examination of the complaint and evidence he believes a violation has occurred, bring an action in the name of the people of this state in the superior court for an injunction against any person violating any provision of this part or any regulation which is duly issued by the director pursuant to it. (5569)

Any proceedings pursuant to this section shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure. The director shall not, however, be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss. (5570)

Article 5. Funds (16461) (5571)(1-click HTML)

16461. Any money in the Department of Agriculture Fund derived under any of the provisions of this part may be expended for the administration and enforcement of any of the provisions of the following portions of this code, notwithstanding any other provision of law limiting the expenditure of any such money to some specific purpose or to the administration or enforcement of some specific section, article, or chapter of this part: (5572)

(a) Part 1 (commencing with Section 16301) and Part 2 (commencing with Section 17401), Division 9. (5573)

(b) Division 10 (commencing with Section 20001). (5574)

(c) Division 11 (commencing with Section 23001). (5575)

  

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