CA - Fish & Game - Chapter 1. General Definitions |
West's Ann. Cal. Fish & G. Code § 1 - 89.5 |
This chapter includes the general definitions for the Fish and Game Code. |
CA - Fish & Game - Chapter 1. Taking and Possessing in General |
West's Ann. Cal. Fish & G. Code § 2000 - 2024 |
These sections make it unlawful to take any bird, mammal, fish, reptile, or amphibian except as provided in this code. Some of the restrictions in the code refer to taking after season, offering a prize or inducement to take game, setting a bounty for an animal, using sniper scopes, artificial lights, or trap guns. Section 2009 also makes it a crime willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, or fishing. |
CA - Dog, collar - § 2011.5. Removal of collar from hunting dog; unlawful without written permission |
West's Ann. Cal. Fish & G. Code § 2011.5 |
This California statute makes it unlawful to remove a hunting dog's collar without having written permission from the dog's owner. |
CA - Wild Animal - Chapter 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals. |
West's Ann. Cal. Fish & G. Code § 2116 - 2203 |
The California Legislature adopted this act based on a findings that wild animals are captured for importation and resold in California and that some populations of wild animals are being depleted, that many animals die in captivity or transit, and that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals. It was the intention of the Legislature to regulate the importation, transportation, and possession of wild animals to protect the native wildlife and agricultural interests against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state. The act defines "wild animal" and classifies them by species. Among other things, the act also includes inspection and permit provisions that govern the treatment of wild animals and the actions that may be taken where they are concerned. |
CA - Hunting - § 2124. Possession, purchase, sale or transfer of wild animals |
West's Ann. Cal. Fish & G. Code § 2124 |
Under this California law, it is unlawful for any person to possess, transport, import, export, propagate, purchase, sell, or transfer any live mammal for the purposes of maiming, injuring, or killing the mammal for gain, amusement, or sport. |
CA - Elephant Training - § 2128. Elephants; prohibited practices; penalties |
West's Ann. Cal. Fish & G. Code § 2128 |
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. |
CA - Circus - Article 5. Circus Cruelty Prevention Act |
West's Ann. Cal. Fish & G. Code § 2207 - 2210 |
The California Circus Cruelty Prevention Act, effective in 2020, states that a person shall not sponsor, conduct, or operate a circus in this state that uses any animal other than a domestic dog, domestic cat, or domesticated horse, or exhibit or use any other animals than those animals. The term “circus” means a performance before a live audience in which entertainment consisting of a variety of acts, such as acrobats, aerialists, clowns, jugglers, or stunts, is the primary attraction or principal business, but excludes rodeos. |
CA - Fish & Game - Chapter 6.5. Control of Illegally Taken Fish and Wildlife |
West's Ann. Cal. Fish & G. Code § 2580 - 2589 |
This set of laws outlines various violations involving the possession and movement of illegally obtained animals and imposes liability for those activities. |
CA - Marine - Chapter 10.5. Marine Life Protection Act. |
West's Ann. Cal. Fish & G. Code § 2850 - 2863 |
In this act, the California Legislature finds and declares a need to reexamine and redesign California's marine protected area systems to increase its effectiveness at protecting the state's marine life, habitat, and ecosystems. To improve the design and management of that system, the Marine Life Protection Program was adopted. A few of the Program's goals are to protect the natural diversity and abundance of marine life, to help sustain, conserve, and protect marine life populations, and rebuild those that are depleted. |
CA - Hunting - Article 1. Methods of Taking (including trapping methods) |
West's Ann. Cal. Fish & G. Code § 3000 - 3012 |
These sections pertain to hunting in California. A hunting license is required, and certain hunting methods are prohibited, such as night hunting, hunting while intoxicated, shooting at an animal from a vehicle, Internet hunting, the use of body-gripping or metal-jawed traps, the use of certain poisons and lead bullets, and the use of bird or mammal calls. |
CA - Hunting - Article 2.5. Hunter's Safety. |
West's Ann. Cal. Fish & G. Code § 3049 - 3055.1 |
The Legislature of California in these sections finds and declares that individuals who engage in hunting should possess an adequate understanding of hunter safety practices, principles of conservation, and sportsmanship. In order to achieve these goals, hunters must procure a license and complete a course in hunter safety. |
CA - Birds - Part 2. Birds. |
West's Ann. Cal. Fish & G. Code § 3500 - 3864 |
These various sections are all related to the protection of birds in California. Within these sections, the Legislature has enumerated fully protected birds in the state, prohibited activities such as destroying bird nests and eggs, required licenses for duck hunting, and outlined several provisions to guide state efforts in preserving and rehabilitating the California Condor. |
CA - Hunting - § 3511. Fully protected birds; permits or licenses; necessary scientific research; legal imports; |
West's Ann. Cal. Fish & G. Code § 3511 |
California law specifically states that no other statutes are to be construed to allow the taking of state protected birds, of which the golden eagle and bald eagle are listed, and any licenses issued to take protected birds are void unless issued for scientific or depredation purposes. |
CA - Hunting - § 3513. Migratory nongame birds; protection |
West's Ann. Cal. Fish & G. Code § 3513 |
California law reiterates that it is illegal to take or possess any bird or its parts that is listed under the Migratory Bird Treaty Act, of which the eagle is listed. |
CA - Trapping - Chapter 2. Fur-Bearing Mammals Article 1. Trapping Provisions |
West's Ann. Cal. Fish & G. Code § 4000 - 4012 |
These provisions regulate the fur trade. Fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison (with permit), or with the use of dogs. It is illegal to trap without a license and certain types of traps are not allowed. Fur dealers must have a license, with exceptions. Fur dealers are required to maintain complete records and are prohibited from purchasing raw furs from any person who does not hold a valid trapping license, fur dealer license, or fur agent license. |
CA - Trapping - Chapter 2. Fur-Bearing Mammals Article 2. Fur Dealer License |
West's Ann. Cal. Fish & G. Code § 4030 - 4043 (repealed) |
Note: §§ 4030 to 4043. Repealed by Stats.2019, c. 216 (A.B.273), § 11, eff. Jan. 1, 2020. Formerly, these provisions outline the requirements for fur dealers. Every person engaging in the business of buying, selling, trading or dealing in raw furs of fur-bearing mammals or nongame mammals is a fur dealer and shall procure a fur dealer license. An exception is made for those dealers that trap and sell raw furs which he has lawfully taken, or a domesticated game breeder selling raw furs of animals which he has raised. Fur dealers are required to maintain complete recordings for all of the furs they trade or sell and are prohibited from purchasing raw fur of any fur-bearing mammal or nongame mammal from any person who does not hold a valid trapping license, fur dealer license, or fur agent license. |
CA - Hunting - Chapter 3. Nongame Mammals and Depredators |
West's Ann. Cal. Fish & G. Code § 4150 - 4158, 4180 - 4190 |
These sections regulate the taking and killing of nongame mammals and depredatory animals. Nongame and fur-bearing mammals that are injuring crops or other property may be taken at any time or in any manner in accordance with this code. In some cases, a permit is required. It is unlawful to use snares, hooks, or barbed wire to remove from the den, or fire to kill in the den, any immature predatory mammal. Predators that are relocated by the department must be tagged. |
CA - Hunting - Chapter 4. Deer. |
West's Ann. Cal. Fish & G. Code § 4301 - 4304 |
These sections regulate the selling of deer meat and other parts of the deer, namely the skin, hide and head. Once a deer has been legally taken, the code allows the skin or hide to be sold, purchased, tanned, or manufactured into articles for sale. There is also a provision which prohibits the capturing or destroying of any deer and detaching or removing from the carcass only the head, hide, antlers, or horn. This same section also forbids any person from leaving through carelessness or neglect any game mammal or game bird which is in his possession, or any portion of the flesh thereof usually eaten by humans, to go needlessly to waste. |
CA - Hunting - Chapter 4. Deer. Article 2. License Tags |
West's Ann. Cal. Fish & G. Code § 4330 - 4341 |
These provisions relate to the license requirements for deer hunting for both residents and nonresidents of California. For example, the holder of a deer tag license shall carry the tag while hunting deer, and upon the killing of any deer, shall immediately fill out the tag and permanently mark the date of the kill. The deer tag shall be immediately attached to the antlers of antlered deer or to the ear of any other deer and kept attached during the open season and for 15 days thereafter. |
CA - Hunting - Chapter 4. Deer. Article 3. Archery Deer Hunting. |
West's Ann. Cal. Fish & G. Code § 4370 - 4371 |
These two sections govern archery deer hunting in California. Archery hunting is done with a bow and arrow and hunters which participate in this type of hunting are restricted from carrying a firearm. |
CA - Hunting - Chapter 5. Management of Deer |
West's Ann. Cal. Fish & G. Code § 450 - 460 |
In an effort to to encourage the conservation, restoration, maintenance, and utilization of California's wild deer populations, these sections mandate the creation of plans for deer herd management units. Such units may encompass a single deer herd or a group of deer herds having similar management and habitat requirements and characteristics. The objectives of such management plans are the restoration and maintenance of healthy deer herds in the wild state and to provide for high quality and diversified use of deer in California. |
CA - Burro - § 4600. Killing or capturing undomesticated burro; prima facie evidence |
West's Ann. Cal. Fish & G. Code § 4600 |
This section makes it unlawful to kill, wound, capture, or have in possession any undomesticated burro. An undomesticated burro is a wild burro or a burro which has not been tamed or domesticated for a period of three years after its capture. |
CA - Pigs, Wild - Chapter 7. Wild Pigs |
West's Ann. Cal. Fish & G. Code § 4650 - 4657 |
These provisions make it unlawful to take any wild pig in California without first procuring a license tag authorizing the taking. These sections outline the requirements for licenses and require plans for the management of wild pigs. Under these plans, the status and trend of wild pig populations are determined and management units shall be designated within the state. |
CA - Mammals - § 4700. Taking or possession prohibited; scientific research; legal imports; |
West's Ann. Cal. Fish & G. Code § 4700 |
This statute enumerates the fully protected mammals in the state of California. These animals may not be taken or possessed at any time. The statute also specifically states that permits or licenses to take these animals will not be issued, with a possible exception in the case of necessary scientific research. |
CA - Hunting Bears - Chapter 9. Bear |
West's Ann. Cal. Fish & G. Code § 4750 - 4763 |
These sections outline the requirements for taking a bear in California. It is unlawful, for example, to take any bear with a firearm, trap, or bow and arrow without first procuring a license tag authorizing the taking. These sections list the license requirements and other restrictions on the method of taking, including penalties for violations. |
CA - Mountain Lions - Chapter 10. Mountain Lions |
West's Ann. Cal. Fish & G. Code § 4800 - 4810 |
California statutes make mountain lions specially protected mammals. These sections make it unlawful to take, injure, possess, transport, import, or sell any mountain lion or any part or product thereof. Specific exceptions to these prohibitions include instances where a mountain lion is perceived to be an imminent threat to public health or safety or when it is perceived by to be an imminent threat to the survival of any threatened, endangered, candidate, or fully protected sheep species. |
CA - Bighorn Sheep - Chapter 11. Bighorn Sheep |
West's Ann. Cal. Fish & G. Code § 4900 - 4905 |
The California Legislature declares that bighorn sheep are an important wildlife resource of the state to be managed and maintained at sound biological levels. The policy of the state is to encourage the preservation, restoration, utilization, and management of California's bighorn sheep population. To achieve these goals, these sections provide for the creation of management unit plans. |
CA - Reptiles & Amphibians - Division 5. Protected Reptiles and Amphibians |
West's Ann. Cal. Fish & G. Code § 5000 - 5062 |
These sections are the California statutes that specifically protect certain reptiles and amphibians. The sections enumerate the protected species and strictly prohibit taking and possession, with a narrow exception that may be granted by permit to an educational or scientific institution or a public zoological garden. |
CA - Humane Slaughter - Chapter 6. Slaughter |
West's Ann. Cal. Food & Agric. Code § 19501 - 19503 |
This California section constitutes the humane slaughter provisions for cattle, calves, horses, mules, sheep, swine, goats, fallow deer, and poultry. The law provides that the animal shall be rendered insensible to pain by a captive bolt, gunshot, electrical or chemical means, or any other means that is rapid and effective before being cut, shackled, hoisted, thrown, or cast, with the exception of poultry which may be shackled. Note that despite the section covering poultry, it does not apply to the slaughter of spent hens and small game birds, as defined by the department by regulation. |
CA - Licenses - City dog license tags; compliance with division |
West's Ann. Cal. Food & Agric. Code § 30502 |
This California statute provides that any dog tag issued pursuant to ordinance by a city or county will be valid provided it complies with this division, provides for the wearing of the license tag upon the collar of the dog, and provides for the keeping of a record which shall establish the identity of the person that owns or harbors the dog. |
CA - Dangerous - California Dangerous Dog Statutes |
West's Ann. Cal. Food & Agric. Code § 31601 - 31683; West's Ann. Cal. Civ. Code § 3342 - 3342.5; West's Ann. Cal. Health & Safety Code § 121685; West's Ann. Cal. Penal Code § 398 - 399.5 |
This is the California statute for the rules and regulations regarding dangerous and/or vicious dogs. It defines what constitutes a dangerous and/or vicious dog, what is to be done with said dog(s), and provides a model provision for municipalities to follow. The other set of provisions contains the relevant dog bite law. California has strict liability for dog bites such that liability is imposed regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. |
CA - Cats - Consolidated Cat Laws |
West's Ann. Cal. Food & Agric. Code § 31750 - 31766; West's Ann. Cal. Fish & G. Code § 4150 - 4151 |
These statutes comprise California consolidated cat laws. Among the provisions include possession requirements for non-domestic cats, vaccination and impound procedures for domestic cats, and legislative policy statements about feral cats. |
CA - Impound - § 53074. Seizure and impoundment of dogs on private property |
West's Ann. Cal. Gov. Code § 53074 |
This California statute provides that animal control officer shall not seize or impound a dog on its owner's property for violation of a leash ordinance or issue citations for the violation of such ordinance when the dog has not strayed from the owner's private property. However, if the dog has strayed from the property and later returned to it, an officer may issue a citation if the owner is present or impound the dog if the owner is not present. In the latter circumstance, the officer must leave a notice of impoundment at the residence. |
CA - Burro - § 53074.5. Undomesticated burros; removal by officer or employee of local |
West's Ann. Cal. Gov. Code § 53074.5 |
This California law allows an officer or employee of a local animal control agency to remove an undomesticated burro that strays onto private land at the request of the landowner. Such officer can also remove an undomesticated burro that strays onto a public roadway to ensure public safety. |
CA - Disaster - § 8608. California Animal Response Emergency System (CARES) program; |
West's Ann. Cal. Gov. Code § 8588.5, § 8608 |
The California Emergency Management Agency is directed to approve, adopt, and incorporate the California Animal Response Emergency System (CARES) program into the standardized emergency management system. |
CA - Food service - § 114259.4 Food service employees handling or caring for animals on premises |
West's Ann. Cal. Health & Safety Code § 114259.4 |
California's Health Code specifies that employees working in the food industry are only allowed to handle or care for their service animals or fish/shellfish/crustaceans in display tanks if they wash their hands. Outside of this they are not to handle other animals that may be present. |
CA - Rabies - Chapter 1. Rabies Control. |
West's Ann. Cal. Health & Safety Code § 121575 - 121710 |
This chapter of California laws deals with rabies control. |
CA - Import, dog - Chapter 1.5. Dog Importation: Health Certificates |
West's Ann. Cal. Health & Safety Code § 121720 - 121723 |
This chapter relates to importation of dogs into California for sale purposes. A person seeking to bring a dog into this state or importing dogs into this state for the purpose of resale or change of ownership shall obtain a health certificate for that dog, completed by a licensed veterinarian and is dated within 10 days prior to the date on which the dog is brought into the state. However, this chapter does not apply to a person who brings a dog into the state that will not be offered for resale or if the ownership of the dog is not expected to change or to dogs used military or law enforcement work. A person who violates a provision of this chapter is guilty of an infraction, punishable by a fine not to exceed $250 for each dog for which a violation has occurred. |
CA - Importation - Chapter 3. Importation of Wild Animals. |
West's Ann. Cal. Health & Safety Code § 121775 - 121870 |
This California set of law relates to the importation of "wild animals" (defined as any animal of the class Aves (birds) or class Mammalia (mammals) that either is not normally domesticated in this state or not native to this state). The violation of any provision of this chapter shall be a misdemeanor. The department may issue a permit to import a wild animal provided that a determination is made that public health or safety will not be endangered.< |
CA - Pet Sales - Chapter 5. Sale of Dogs and Cats |
West's Ann. Cal. Health & Safety Code § 122045 - 122315 |
This section requires that dog breeders provide a written disclosure upon the sale of any dog with information such as the breeder’s name and address, the dog’s birth date, breed. sex, color, and vet record, and a signed statement from the breeder that the dog has no known diseases. Any breeder who knowingly sells a diseased dog faces a civil penalty. Breeders must provide dogs with sanitary housing, adequate food, water, exercise and veterinary care. |
CA - Spay, neuter - Chapter 7. Spay/Neuter and Breeding Programs for Animals. |
West's Ann. Cal. Health & Safety Code § 122330, 122331 |
This California chapter declares that the intent of this legislation is to permit cities and counties to take appropriate action aimed at eliminating uncontrolled and irresponsible breeding of animals. Cities and counties may enact dog breed-specific ordinances pertaining only to mandatory spay or neuter programs and breeding requirements, provided that no specific dog breed, or mixed dog breed, shall be declared potentially dangerous or vicious under those ordinances. These entities must also submit statistical information to the State Public Health Veterinarian on a quarterly basis. |
CA - Dog, tether - § 122335. Animal control, agricultural operation, person, and reasonable period |
West's Ann. Cal. Health & Safety Code § 122335 |
This California law is the state's dog tethering provision. Under the law, no person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained, to a dog house, tree, fence, or any other stationary object. A person may tether, fasten, chain, or tie a dog, but it must be no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period. A person who violates this chapter is guilty of an infraction or a misdemeanor. An animal control may issue a correction warning to a person who violates this chapter, requiring the owner to correct the violation, in lieu of an infraction or misdemeanor, unless the violation endangers the health or safety of the animal, the animal has been wounded as a result of the activity. |
CA - Pet Store - Chapter 9. Pet Store Animal Care Act |
West's Ann. Cal. Health & Safety Code § 122350 - 122361 |
This law requires pet store operators to maintain the facility in good repair, provide proper care to animals, and clean grooming areas daily. Primary enclosures must be structurally sound, provide adequate space, be water-proof, and protect from injury. The law mandates that dogs and cats must be over eight weeks of age and weaned prior to sale. Pet store operators must ensure that veterinary records are documented in writing. Violations may be considered an infraction or a misdemeanor. A new law, effective January 1, 2019, states that a pet store operator shall not sell a live dog, cat, or rabbit in a pet store unless the animal was obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in a cooperative agreement with at least one private or public shelter. Violation is a civil penalty with a fine of up to $500. |
CA - Swap Meets - Chapter 10. Sale of Animals at Swap Meets. |
West's Ann. Cal. Health & Safety Code § 122370 - 122374 |
This chapter (effective January 1, 2016) covers the sale of animals at swap meets in the state. A swap meet operator may allow a vendor to sell animals at a swap meet so long as the local jurisdiction has adopted standards for the care and treatment of the animals. The care and treatment of the animals must include that time that the animals are at the swap meet and during the transportation to and from the swap meet. The swap meet vendors must maintain, among other things, sanitary facilities for the animals, provide proper heating and ventilation in the facilities, provide adequate nutrition and humane care and treatment, and provide adequate space for all kept in the facilities. A swap meet vendor who offers for sale at a swap meet in a jurisdiction that has not authorized the sale is guilty of an infraction punishable by a fine up to $100. If a swap meet vendor is found guilty of this infraction for a subsequent time, he or she will be fined up to $500 per violation. Some exceptions include: events held by 4-H Clubs, Junior Farmers Clubs, Future Farmer Clubs, the California Exposition and State Fair, the sale of cattle on consignment at any public cattle sales market, and a public animal control agency or shelter. |
CA - Pet Boarding Facilities - Chapter 11. Pet Boarding Facilities |
West's Ann. Cal. Health & Safety Code § 122380 - 122388 |
This chapter of statutes deals with the responsibilities that pet boarding facility operators must adhere to in the state of California. “Pet boarding facility” means any lot, building, structure, enclosure, or premises, or a portion thereof, whereupon four or more dogs, cats, or other pets in any combination are boarded at the request of, and in exchange for compensation provided by, their owner. Operators must ensure that the facility is in good repair, there is adequate pest control, an owner is contacted if a pet escapes and reasonable efforts are made to capture the escaped pet, as well as other upkeep requirements. The chapter also provides enclosure standards and animal care requirements including fire alarm and sprinkler systems. Animal control or qualified humane officers enforce violations of the chapter. |
CA - Research Animals - Chapter 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research |
West's Ann. Cal. Health & Safety Code § 1650 - 1677 |
This section regulates the use of animals in medical research. The California Department of Health Services is directed to make rules and regulations providing for satisfactory shelter, food, sanitation, record keeping, and for the humane treatment of animals by persons authorized by the board to raise, keep or to use animals medical research. The department is also authorized to inspect any premises where animals used for the purposes of this section are kept. Violations constitute a misdemeanor. |
CA - Emergency - § 1797.10. Emergency medical transport for police dog; pilot project; |
West's Ann. Cal. Health & Safety Code § 1797.10, § 1799.109 |
Section 1799.109, first makes legislative findings on the importance of dogs and cats to Californians and that some first responder agencies have been providing stabilizing, life-saving emergency care to dogs and cats, which violates the Veterinary Medicine Practice Act. This new law allows an emergency responder to provide basic first aid to dogs and cats to the extent that the provision of that care is not prohibited by the responder's employer. The responder is not subject to criminal prosecution under the prohibitions of the Veterinary Medicine Practice Act. Basic first aid includes things like administering oxygen, manually clearing an upper airway, controlling a hemorrhage with direct pressure, and bandaging to stop bleeding. This section does not impose a duty or obligation upon an emergency responder or any other person to transport or provide care to an injured pet or other domesticated animal during an emergency nor does it require emergency services through a 911 call for dogs or cats. |
CA - Food Production - Chapter 13.4. Force Fed Birds |
West's Ann. Cal. Health & Safety Code § 25980 - 25984 |
This chapter concerns force fed birds (usually ducks or geese), employed in the process of making foie gras. Beginning July 1, 2012, California outlaws the sale of any product in the state that is the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size. A peace or humane society officer may issue a citation for a civil penalty up to $1,000 for each violation, and up to $1,000 for each day the violation continues. |
CA - Circus - § 25989.1. Notice to animal control services agency of performances to be conducted |
West's Ann. Cal. Health & Safety Code § 25989.1 |
This California section provides that any traveling circus or carnival must notify entity that provides animal control services for a city, county, or city and county in which the traveling circus or carnival intends to perform of its intent to perform within that jurisdiction at least 14 days prior to the first performance in that city, county, or city and county. Violation results in a fine of $500 - 2,000 for a first violation, and $1,500 - 5,000 for any subsequent violation. |
CA - Farm Animal Cruelty - Chapter 13.8. Farm Animal Cruelty. § 25991. Definitions. |
West's Ann. Cal. Health & Safety Code § 25990 - 25994 |
This section provides the definitions, exception,s and enforcement provisions for the Chapter 13.8, Farm Animal Cruelty. The section was added after voters approved Initiative Measure (Prop. 2) in 2008. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days or by both such fine and imprisonment. |