Penal Code 597t PC Improper confinement of livestock

[dominic]

Our farm rents a field to sheepherders that use electric fencing to keep the lambs from roaming.

Last year, I was issued a summons by an animal control officer in Calexico for PC597t "improper confinement of livestock". Someone called them about there being no shade and the fence being cruel to animals because it shocked them.

I was'nt the owner of the animals, just leasing the land to the livestock owner. I explained this to the ACO, but he did'nt care and left the scene after writing the ticket. At the hearing, the judge dismissed the case. The ACO never showed up at my hearing, but there was a similar violation issued to the sheepherder. I'm not sure if it was the same PC597 or not, but I heard he just paid it.

I want to lease the field again this year, the sheep bring in a little extra cash during the off season and saves us hiring somebody to spray weeds and irrigate during the winter. But I want to avoid this happening again.

I have asked them to put up shade and use regular fences instead of electric fencing, but they say its cheaper to pay the fine since the sheep won't stay in without electric and they can't afford to pay someone to stay with the sheep 24 hours a day, but they are willing to put up shades at least.

[benjamin101677]

I would think you should run this past an attorney who can give you legal advice on your liability involving this issue. Maybe even have the attorney prepare for you a legal binding contract that the sheepherder will abide by the rules or if he doesn't pay all your legal fees and fines.

[CBR_rider]

It sounds like the violations you and supposedly the shepherd were cited for would have been 597(b). 597t seems to relate more to actual "exercise" area for the animals or access to shade/water/food/etc if they are chained up. I'm not doubting that you were in fact cited for 597t, but your post seems to suggest that the offenses would have actually fallen under a different section. I would run your plans by an attorney specializing in agricultural/animal issues to be sure you are good to go. I can't imagine that a properly constructed pen with a low-voltage/amperage electric wire on the border of it would be deemed "cruel" in a court of law, but I can't say this is something I have dealt with at work.

[kermit315]

I dont understand how they would make the jump that electric fences are 'cruel' in the first place. It is one of the most common penning methods used in agriculture across the country.

[P5Ret]

I dont understand how they would make the jump that electric fences are 'cruel' in the first place. It is one of the most common penning methods used in agriculture across the country.

That's easy, city people who have never been around livestock. Probably stopped along the road to pet the sheep near the fence and got shocked themselves. I used to think that my uncle trained his horses to stand near the fence so that some tourist passing by would be shocked by the wire along the top of the fence when they tried to give the horse an apple or such. Then I figured out the horses were actually smarter than the people driving by, and were doing it on purpose.

[kermit315]

That's easy, city people who have never been around livestock. Probably stopped along the road to pet the sheep near the fence and got shocked themselves. I used to think that my uncle trained his horses to stand near the fence so that some tourist passing by would be shocked by the wire along the top of the fence when they tried to give the horse an apple or such. Then I figured out the horses were actually smarter than the people driving by, and were doing it on purpose.

As much as it sucks touching one, I had a pissed off cow knock me down in a lot one night and push me into a hot wire, then through it. I dont know which hurt more, but I know which one kept me limping the next few days.....lol.