Chapter 8.40
OPEN RANGE
Sections:
8.40.010 Grazing area described.
8.40.020 Responsibility of livestock owner.
8.40.040 Authority of animal control officer.
8.40.060 Description of grazing lands.
8.40.010 Grazing area described.
All private lands of any character not enclosed by a fence and lands owned by the United States either of which are included within the area described in Section 8.40.060 are hereby declared to be areas devoted chiefly to grazing pursuant to Section 17124 of the Agriculture Code of the state of California. The owners of such unfenced land pastured by stock of another person shall be entitled to a reasonable rental fee. Such fee shall be comparable to fees paid in the locality for similar lands. Other than the rental as herein provided, the owners of such unfenced land shall not be entitled to damages caused by stock straying onto such abovementioned land. (Ord. 1553(part), 2002).
8.40.020 Responsibility of livestock owner.
If livestock cause or occasion damage by breaking through a lawful fence, the owner and person entitled to possession of the livestock shall be responsible for such damage. (Ord. 1553(part), 2002).
8.40.030 Brand registration.
Any person who pastures livestock in such grazing area in the county shall have on file with the county animal control officer, the owners brand and the name and address of the party to be notified pursuant to Section 8.40.040. (Ord. 1553(part), 2002).
8.40.040 Authority of animal control officer.
The animal control officer of the county shall be charged with the enforcement of this chapter. Upon receipt of notice that livestock have strayed onto lands not heretofore designated as grazing lands by Section 8.40.010, the animal control officer shall give written notice to the designated person or owner. The owner or person in control of such animals shall have three days from the date of the notice to remove such livestock. If such livestock are not removed within the three-day period, then the animal control officer shall pick up and detain such animals and charge the owner the cost of such services in accordance with law. Such animals shall not be released until such charges have been paid in full. Nothing in this section shall be construed to negate any remedies that any landowners or other persons entitled to possession may have under other laws or ordinances. (Ord. 1553(part), 2002).
8.40.050 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The board of supervisions declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. (Ord. 1553(part), 2002).
8.40.060 Description of grazing land.
Lands situated within the county, more particularly described as follows: All land bounded on the south by the Calaveras County line; on the east by the Alpine County line; on the north by the Eldorado County line; and on the west by the line described as follows:
Beginning at a point on the south fork of the Cosumnes River and its intersection with the west boundary line of Township 8 North, Range 14, East, MDB & M; thence South along said Township Line to the South-West Section corner of Section 30 of said Township and Range; said Section corner being common to the West boundary of lands deeded to American Forest Products, Inc., and recorded in Volume 131 of Official Records, page 527 in the office of the County Recorder; thence, continuing in a southerly direction along said West boundary of land of American Forest Products, Inc., as shown on deeds recorded in Amadore County Recorder's office in Volume 135, page 489, and volume 131, page 527, to a point marking the West Section corner of Section 24, Township 7 North, Range 13 East, MDB & M; thence, South along said Section line to the Amadore-Calaveras County Line, being said point of beginning. Excepting therefrom: All rights-of-way along California State Highway Sign Route 88 as located within the above description. (Ord. 1553(part), 2002).