§ 2128
275 words·~1 min read·
/ca/fish-and-game-code/2128A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.