SB 386: "An Act relating to controlled livestock districts and liability for livestock."

00 SENATE BILL NO. 386 01 "An Act relating to controlled livestock districts and liability for livestock." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 03.35.010 is repealed and reenacted to read: 04 Sec. 03.35.010. Liability for livestock. (a) Except for animals listed in (d) of 05 this section, a person owning or having the custody, possession, or control of livestock 06 may not, with criminal negligence, allow the livestock to run at large or be herded, 07 pastured, or otherwise go upon the land that is not owned or under the control of the 08 person. In this subsection, "criminal negligence" has the meaning given in 09 AS 11.81.900(a). 10 (b) A person owning or having custody, possession, or control of livestock 11 shall have and maintain adequate fencing to contain the livestock. 12 (c) If an animal escapes and is running at large, the person owning or having 13 custody, possession, or control of the animal shall take every reasonable action to 14 immediately return the animal to an adequately fenced area. 15 (d) A person having the management or control of a bull, a stallion, an animal

01 that is a ridgeling, an unaltered male mule, a jackass, or a ram over one year of age 02 may not, even without a culpable mental state, allow the animal to run at large or be 03 herded, pastured, or otherwise go upon land that is not owned or under the control of 04 the person. 05 (e) Livestock running at large is a public nuisance. In addition to the means 06 prescribed by this section for the abatement and removal of livestock running at large, 07 livestock running at large may be abated and removed by the means and proceedings 08 provided by law for the abatement or removal of public nuisances. 09 (f) This section does not 10 (1) limit any right to destroy an animal to prevent injury by the animal 11 to person or property; 12 (2) prohibit a person from driving livestock other than animals listed in 13 (d) of this section along a public road; 14 (3) affect activities conducted under a generally allowed use or other 15 authorization. 16 (g) A person who violates this section is guilty of a class B misdemeanor and, 17 upon conviction, shall be fined not more than $500 and ordered to pay restitution, 18 including expenses incurred by and damages to any party injured as a result of the 19 violation. 20 * Sec. 2. AS 03.35.035 is amended to read: 21 Sec. 03.35.035. Identification of [DOMESTIC] animals [WITHIN 22 CONTROLLED LIVESTOCK DISTRICT]. (a) A [WITHIN 60 DAYS OF THE 23 ESTABLISHMENT OF A CONTROLLED LIVESTOCK DISTRICT OR OF THE 24 ADDITION TO AN ESTABLISHED CONTROLLED LIVESTOCK DISTRICT 25 UNDER AS 03.35.010, THE] person having custody and control of livestock 26 [DOMESTIC ANIMALS] located within the state [DISTRICT] shall identify the 27 animals under AS 03.40, use identification collars to indicate ownership, or otherwise 28 use a reliable system for the identification of the ownership of the animal. 29 (b) A person who violates (a) of this section commits a violation and, upon 30 conviction, may be punished by a fine of not more than $250. 31 * Sec. 3. AS 03.35.040(a) is amended to read:

01 (a) The owner of land within the state [A CONTROLLED LIVESTOCK 02 DISTRICT], whether the land is fenced or unfenced, is entitled to recover, from the 03 owner or person having custody and control of livestock [A DOMESTIC ANIMAL], 04 for any injury done by the livestock [ANIMAL] when grazing or running at large 05 [WITHIN A CONTROLLED LIVESTOCK DISTRICT] contrary to the provisions of 06 this chapter, and has a lien upon the livestock [DOMESTIC ANIMAL] for the amount 07 of the damage done. 08 * Sec. 4. AS 03.35.050 is amended to read: 09 Sec. 03.35.050. Impounding and public sale of animals running at large. 10 The owner of any land within the state [A CONTROLLED LIVESTOCK DISTRICT] 11 may impound livestock [A DOMESTIC ANIMAL] trespassing upon that land and 12 keep the livestock [ANIMAL] until damages, together with reasonable charges for 13 keeping and feeding the livestock [IT], are paid. Within 24 hours after impounding 14 livestock [AN ANIMAL], the person impounding the livestock [IT] shall give notice 15 in writing to the owner or claimant of the livestock [ANIMAL], if the owner is 16 known, or, if the owner is unknown, file a notice of impounding with the district judge 17 for the district and post a copy of the notice in a public place nearest to the enclosure 18 of the impounded livestock [ANIMAL]. If, within five days after receipt of the notice 19 of impoundment or posting of the notice of impoundment, the owner or claimant fails 20 to claim the livestock [ANIMAL] and pay the reasonable charges for keeping and 21 feeding the livestock [IT], together with damages and costs, the livestock [ANIMAL] 22 may be sold at public auction as provided in AS 03.35.055. 23 * Sec. 5. AS 03.35.070 is repealed and reenacted to read: 24 Sec. 03.35.070. Definitions. In this chapter, 25 (1) "adequate fencing" means a continuous barrier consisting of natural 26 barriers, structures, masonry, rails, poles, planks, wire, or any combination of natural 27 barriers, structures, masonry, rails, poles, planks, or wires installed and maintained in 28 a condition so as to form a continuous guard and defense against the ingress or egress 29 of livestock into or from the enclosed land; in this paragraph, "natural barriers" 30 includes hedges, ditches, rivers, streams, ponds, or lakes; 31 (2) "animal" means an individual member of a type of livestock;

01 (3) "department" means the Department of Natural Resources; 02 (4) "livestock" means horses, cattle, sheep, goats, mules, jackasses, 03 swine, reindeer, elk, bison, muskoxen, llamas, alpacas, yaks, and camels; 04 (5) "owner of land" includes a freeholder, tenant, contract vendee, or 05 other person in actual possession of land or duly authorized agent of the local 06 government, state government, or federal government that has overall management 07 responsibilities of land. 08 * Sec. 6. AS 03.35.020, 03.35.030; and AS 22.15.110(b) are repealed.