Marin County Municipal Code Ch. 7.16 Bovine Tuberculosis

Effective date and duration changed by Ord. 231, August 26, 1935.

As used in this chapter, certain words and phrases shall be defined as follows:

The term "bureau" means the bureau of animal industry of the United States department of agriculture.

The term "the state" means department of agriculture of the state of California.

The term "disease" means tuberculosis of cattle.

The term "veterinarians" means veterinarians employed by state or bureau, or otherwise acting under the authority of state or bureau.

The term "tuberculin" means the product of the growth of the tubercle bacillus from any source, used or intended to be used in diagnosing tuberculosis in cattle.

The term "tuberculin test" means the use of tuberculin for the purpose of diagnosing tuberculosis in cattle.

The term "reactor" or "reacting bovine animal" means any bovine animal that reacts positively to a tuberculin test or that is adjudged tuberculosis on physical examination by the county livestock inspector or a veterinarian working under the provisions of this chapter.

The term "premises" means any place or thing where, or in which, cattle have been, are kept or are transported.

The term "cattle" and "bovine animals" mean neat cattle.

The term "person" includes firm, corporation, company or association.

(Ord. 225 § 1, 1935)

The board of supervisors of Marin County does hereby declare the whole of Marin County a voluntary tuberculosis control area for the purpose of eradicating bovine tuberculosis therein.

(Ord. 225 § 2, 1935)

All bovine animals within the voluntary tuberculosis control area herein created shall be tuberculin tested by the county livestock inspector or veterinarians as often, in the opinion of said livestock inspector or veterinarians, as may be deemed necessary to accomplish the purpose of this chapter. The provisions of this section shall not apply to the following:

(a) Bovine animals the testing of which is otherwise provided for in Section 7.16.070;

(b) Bovine animals of beef breeds imported for feeding or grazing purposes, provided that said animals do not remain within the county more than six months and are kept at all times under fence or natural barrier separate and apart from tested cattle;

(c) Bovine animals imported for purposes of slaughter; provided that said animals do not remain within the county more than ten days and are kept at all times under fence or natural barrier separate and apart from tested cattle.

(Ord. 225 § 3, 1935)

Each reactor shall, immediately upon the determination of such reaction, be marked for identification by the owner or his agent under the supervision of the county livestock inspector or a veterinarian, by permanently branding the letter "T" on the left jaw, not less than three inches high and two inches wide at the top, and by attaching to the left ear a metal tag bearing a serial number and the inscription "U.S. B.A.I. Reactor" or a similar tag.

(Ord. 225 § 4, 1935)

Any bovine animal in Marin County reacting positively to a tuberculin test conducted by a veterinarian or the county livestock inspector as provided in Section 7.16.030 shall immediately be segregated from other bovine animals which are not reactors and shall be slaughtered within thirty days from date of completion of test, except that in extraordinary and meritorious cases and in the discretion of the county livestock inspector, such time limit of thirty days may be waived; however, no such waiver shall be given in order to allow a cow to produce a calf. The reacting cattle shall be slaughtered under supervision of a federal, state or state approved municipal meat inspector.

(Ord. 225 § 5, 1935)

After removal of reactors the premises occupied and used by the reactors must be cleaned and disinfected by the owners thereof at their expense, to the satisfaction of a veterinarian or the county livestock inspector.

(Ord. 225 § 6, 1935)

Cattle of the following classes may enter Marin County in accordance with the requirements indicated:

(a) From federal-state accredited herds.

(b) From federal-state accredited counties, if said cattle have been regularly tuberculin tested therein.

(c) From tuberculosis control areas or voluntary tuberculosis control areas of California when the cattle originate in herds regularly tuberculin tested.

(d) From within the state of California, either from herds not regularly tuberculin tested in tuberculosis control areas, or from counties not declared tuberculosis control areas if accompanied by a certificate showing the animals to have been negative to a legally conducted tuberculin test applied within thirty days prior to movement and to have originated from a herd or herds in which all of the cattle have been tuberculin tested and not more than ten percent reactors found. The certificate must be issued on a form obtained from the state and duplicate copies of the certificate must be forwarded to that office on or before date of movement.

Such cattle must be held under supervision and tuberculin re-tested by anyone legally qualified at the owner's expense within ninety days from date of last tuberculin test.

(e) From without the state of California if in accordance with federal interstate regulations, but unless such cattle originate in federal-state accredited herds or counties, they must be held under supervision and tuberculin re-tested by anyone legally qualified at the owner's expense within ninety days from date of last tuberculin test.

(f) Beef breeds, not otherwise admissible hereunder, for feeding or grazing purposes, but unless tuberculin tested, they must be accompanied by owner's affidavit stating the cattle are of beef breeds for feeding and grazing purposes and will be kept under fence or natural barriers separate and apart from tested cattle. A copy of the affidavit must be forwarded to the state on or before date of shipment.

(g) Cattle tested and found to be reactors and branded, when shipped into the county for immediate slaughter.

(Ord. 225 § 7, 1935)

The county livestock inspector or a veterinarian may ear tag or otherwise identify any bovine animal to establish the identity of said animal while applying a tuberculin test thereto.

(Ord. 225 § 8, 1935)

All owners or persons in charge of cattle subject to examination and tuberculin test under the provisions of this chapter shall provide such reasonably necessary facilities and render such reasonable assistance as the county livestock inspector or a veterinarian may require for conducting tuberculin tests.

(Ord. 225 § 9, 1935)

It is unlawful:

(a) To obstruct, attack or interfere with, or permit to be obstructed, attacked, or interfered with, anyone testing cattle under the provisions of this chapter.

(b) To attempt to defeat, obstruct, or interfere with the application of a tuberculin test under the provisions of this chapter.

(c) To neglect or fail to properly secure and restrain any bovine animal subject to the provisions of this chapter to be tuberculin tested, or under tuberculin test or examination, injection, observation or other procedure pertaining to a tuberculin test as provided in this chapter.

(d) To apply a tuberculin test to any bovine animal which has at any time been found to be a reactor by anyone legally authorized to conduct such test.

(Ord. 225 § 10, 1935)

To carry out the provisions of this chapter the county livestock inspector or veterinarians designated in this chapter may at any time enter any premises, except dwelling houses.

(Ord. 225 § 11, 1935)

If any owner or person in charge or possession of cattle, after ten days' notice in writing, refuses to properly confine in corrals or stanchions any cattle which are subject to examination, tuberculin testing, branding or slaughter, the sheriff of Marin County may employ such help and incur such expense as is necessary to properly examine, tuberculin test, brand or slaughter said cattle. The expense so incurred is a lien upon said cattle, and, unless paid within ten days after written notice of the amount of the same has been given by the sheriff of said county to the owner or person in charge or possession of said cattle, the lien shall be enforced in the manner prescribed in Section 3052 of the Civil Code of the State of California.

(Ord. 225 § 12, 1935)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

(Ord. 225 § 13, 1935)

If any section, subsection, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this chapter. The board of supervisors hereby declares that it would have passed this chapter and each section, subsection, subdivision, sentence, clause and phrase thereof irrespective of the fact that any one or more of the sections, subsections, subdivisions, sentences, clauses or phrases should be held invalid.

(Ord. 225 § 14, 1935)