San Jose, CA asked in Traffic Tickets, Agricultural Law and Animal / Dog Law for California

Q: How do we look up the code section we got a ticket for? The code on the ticket is CO-B31-3A-I (infraction) stray sheep

The sheep on our unoccupied farm were spooked in the middle of night by neighbor's dog and a few ran out onto the road through the opening of a small creek (dry at the time) that runs through the property. We are not allowed to close this opening as it could hinder passage of rain runoff.

The sheriff was called and rounded the sheep and then called us. We got there in 30 minutes and took possession of 2 sheep in sheriff's wagon. Now the clerk of the court wants to impose $500/per sheep fine but wants to apply it to more than 20 sheep that were on the farm! This results in more than $10k in fines. :-(

Where can we find the text of the law to see if they have the right to impose such an unjust fine? Thank you.

3 Lawyer Answers
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAC&sectionNum=16902.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=9.&title=&part=1.&chapter=2.&article=3.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=9.&title=&part=1.&chapter=2.&article=4.

William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: I would suggest that you fence an area of the pasture that does not include the dry creek, and keep the sheep inside that.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: you should contact a lawyer in your neck of the woods.

lawyers in big cities rarely handle or encounter questions like this.

however a local lawyer can probably get tix dismissed or reduced.

the amount is ridiculous.

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