(a) Any person who transports an equine in a vehicle to slaughter shall meet the following requirements:
(1) The vehicle shall have sufficient clearance to allow the equine to be transported in a standing position with its head in a normal upright position above its withers.
(2) Any ramps and floors in the vehicle shall be covered with a nonskid surface to prevent the equine from slipping.
(3) The vehicle shall provide adequate ventilation to the equine while the equine is being transported.
(4) The sides and overhead of the vehicle shall be constructed to withstand the weight of any equine which may put pressure against the sides or overhead.
(5) Any compartments in the interior of the vehicle shall be constructed of smooth materials and shall contain no protrusions or sharp objects.
(6) The size of the vehicle shall be appropriate for the number of equine being transported and the welfare of the equine shall not be jeopardized by overcrowding.
(7) Stallions shall be segregated during transportation to slaughter.
(8) Diseased, sick, blind, dying, or otherwise disabled equine shall not be transported out of this state.
(9) Any equine being transported shall be able to bear weight on all four feet.
(10) Unweaned foals shall not be transported.
(11) Mares in their last trimester of pregnancy shall not be transported.
(12) The person shall notify a humane officer having jurisdiction 72 hours before loading the equine in order that the humane officer may perform a thorough inspection of the vehicle to determine if all requirements of this section have been satisfied.
(b) (1) Any person who violates this section is guilty of a misdemeanor and is subject to a fine of one hundred dollars ($ 100) per equine being transported. (2) Any person who vio lates this section for a second or subsequent time is guilty of a misdemeanor and shall be fined five hundred dollars ($ 500) per equine being transported.
(c) Whenever a person is taken into custody by an officer for a violation ofthis section, the officer shall take charge of the vehicle and its contents and deposit the property in some place of custody.
(d)(1) Any necessary expense incurred for taking care of and keeping the property described in subdivision (c) is a lien thereon, to be paid before the property can be lawfully recovered. (2) If the expense, or any part thereof, remains unpaid, it may be recovered by the person incurring the expense from the owner of the equine in an action therefor. (e) For the purposes of this section, "equine" means any horse, pony, burro, or mule.
(Added by Stats.1993, c. 1183 (A.B.2039), § 1.)