Full Statute Name:  Government Code. Title 5. Local Agencies. Division 2. Cities, Counties, and Other Agencies. Part 1. Powers and Duties Common to Cities, Counties, and Other Agencies. Chapter 1. General. Article 4. Miscellaneous. § 53074.5. Undomesticated burros; removal by officer or employee of local animal control agency; medical care; relocation; euthanasia policy

(a) For purposes of this section, the following definitions apply:

(1) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code.

(2) “Undomesticated burro” means a wild burro or a burro that has not been tamed or domesticated for a period of three years after its capture, except as provided in paragraph (3) of subdivision (e), and is not protected by the federal government under the federal Wild Free-Roaming Horses and Burros Act (Chapter 30 (commencing with Section 1331) of Title 16 of the United States Code).

(b) At the request of the landowner, an officer or employee of a local animal control agency, or a nonprofit organization that contracts with a county to provide services to undomesticated burros, may remove an undomesticated burro that strays onto private land.

(c) An officer or employee of a local animal control agency, or a nonprofit organization that contracts with a county to provide services to undomesticated burros, may remove an undomesticated burro that strays onto a public roadway to ensure public safety.

(d) An officer or employee of a local animal control agency, or a nonprofit organization that contracts with a county to provide services to undomesticated burros, may provide medical care or treatment, including, but not limited to, euthanasia if medically appropriate, to an undomesticated burro that is seriously ill or injured.

(e)(1) A local animal control agency, or an authorized nonprofit organization that contracts with a county to provide services to undomesticated burros, may relocate an undomesticated burro that is unfit for release to an appropriate facility or private adopter as authorized by the local animal control agency.

(2) A local animal control agency shall, for purposes of this subdivision, have the sole discretion to deem an undomesticated burro unfit for release and to deem an undomesticated burro fit for re-release.

(3) An undomesticated burro that is permanently relocated to an appropriate facility or private adopter shall no longer be deemed an undomesticated burro for purposes of this section.

(f) To be eligible to enter into a contract with a local animal control agency for purposes of this section, a nonprofit organization shall have submitted a euthanasia policy that is compliant with Section 2030 of Title 16 of the California Code of Regulations for review and approval by the contracting local animal control agency and retain a copy of this policy on file.

Credits
(Added by Stats.2007, c. 128 (A.B.222), § 2, eff. July 27, 2007. Amended by Stats.2023, c. 149 (S.B.371), § 1, eff. Jan. 1, 2024.)