Full Statute Name:  West's Annotated California Codes. Fish and Game Code. Division 3. Fish and Game Generally. Chapter 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals. Article 1. Generally. § 2128. Elephants; prohibited practices; penalties.

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Primary Citation:  West's Ann. Cal. Fish & G. Code § 2128 Country of Origin:  United States Last Checked:  November, 2017 Alternate Citation:  CA FISH & G § 2128 Date Adopted:  2017
Summary:

This statute (operative on January 1, 2018) prohibits a person who houses, possesses, manages, or is in direct contact with an elephant from using a billhook, ankus, baseball bat, axe handle, pitchfork, and other devices that inflict pain for the purpose of training or controlling the elephant. Any person caught in violation of this statute will be subject to civil penalty and a suspension or revocation of his or her license to lawfully possess the animal. 

Statute Text: 

<Section operative Jan. 1, 2018.>

(a)(1) Any person who houses, possesses, manages, or is in direct contact with an elephant shall not do either of the following:

(A) Use a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant.

(B) Authorize or allow an employee, agent, or contractor to use a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant.

(2) Use prohibited by this subdivision includes brandishing, exhibiting, or displaying the devices in the presence of an elephant.

(b) Any person who violates this section is subject to the civil penalty set forth in Section 2125 for each violation, and the restricted species permit for the elephant is subject to immediate suspension or revocation by the department. A person whose restricted species permit is suspended or revoked pursuant to this section may appeal the suspension or revocation to the commission by filing a written request for an appeal with the commission within 30 days of the suspension or revocation. A person who violates this section is not subject to the criminal penalties set forth in this code.
(c) The provisions of this section are in addition to, and not in lieu of, any other laws protecting animal welfare. This section shall not be construed to limit any state law or rules protecting the welfare of animals or to prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations.
(d) This section shall become operative on January 1, 2018.

Credits
(Added by Stats.2016, c. 234 (S.B.1062), § 1, eff. Jan. 1, 2017, operative Jan. 1, 2018.)

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