Chapter 6 — OPEN RANGES

Sec. 9-6.01. - Open range areas declared.

All lands of any character not enclosed by a lawful fence, which lands lie within the boundaries of the areas designated in Section 9-6.05 of this chapter, are declared to be areas devoted chiefly to grazing pursuant to the authority vested in the Board by the provisions of Section 17124 of the Food and Agricultural Code of the State.

(§ 1, Ord. 82-490, eff. April 1, 1982)

Sec. 9-6.02. - Lawful fences defined.

For the purposes of this chapter, "lawful fence" shall mean any fence which is good, strong, substantial, and sufficient to prevent the ingress and egress of livestock. No wire fence shall be a lawful fence unless it has three (3) tightly-stretched barbed wires securely fastened to posts of reasonable strength, firmly set in the ground not more than one rod apart, one of which wires shall be at least four (4') feet above the surface of the ground. Any kind of wire or other fence of height, strength, and capacity equal to or greater than the wire fence described in this section shall be a lawful fence. The term "lawful fence" shall include cattle guards of such width, depth, rail spacing, and construction as will effectively turn livestock.

(§ 1, Ord. 82-490, eff. April 1, 1982)

Sec. 9-6.03. - Liability.

Any person pasturing livestock which break through a lawful fence shall be responsible for all damage proximately caused thereby. (If there is difficulty in determining the owner of the animal, it is suggested that the Forest Service be contacted.)

(§ 1, Ord. 82-490, eff. April 1, 1982)

Sec. 9-6.04. - Rental fees.

(a)

The person having the ownership or rightful possession of such unfenced land in the areas described in Section 9-6.05 of this chapter shall be entitled to a reasonable rental fee from any person who pastures livestock thereon. "Reasonable rental" is defined as at least AUM (values used for Williamson Act contracts in the area) or Forest Service lease fees in the allotment area, whichever is higher.

(b)

Within the areas described in Section 9-6.05 of this chapter, no person shall have the right to take up an estray animal found upon his premises, or upon premises to which he has the right of possession, nor shall he have a lien thereon, unless the premises are entirely enclosed with a lawful fence.

(§ 1, Ord. 82-490, eff. April 1, 1982)

Sec. 9-6.05. - Boundaries.

(a)

There is hereby created the Bucks Lake Area Open Range. It shall have the following boundaries:

Beginning at a point where the Plumas-Butte County boundary intersects the south township line of Township 23 North, Range 6 East, M.D.B. & M.; thence east on said township line for approximately 10 miles to the southeast corner of Township 23 North, Range 7 East, which is approximately 1½ miles south of Mt. Ararat; thence north along said township line between Range 7 East and Range 8 East approximately 12 miles to the northeast corner of Township 24 North, Range 7 East; thence west on said township line approximately 7½ miles to the Feather River; thence southwesterly along the easterly right-of-way of Highway 70 to the Plumas-Butte County line; thence southeasterly along said County line approximately 8 miles to the point of beginning; excluding therefrom Sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36, Township 23 North, Range 7 East, M.D.B. & M.

(b)

There is hereby created the Last Chance Creek Open Range. It shall have the following boundaries:

Beginning at a point common to Lassen County and Plumas County on the Plumas National Forest boundary described as follows: the common corner of Sections 19, 20, 29, and 30, Township 23 North, Range 17 East, M.D.B. & M.; thence west on the Plumas National Forest boundary to a point on the road to Davis Lake at the common corner of Sections 8, 9, 16, and 17, Township 23 North, Range 14 East, M.D.B. & M.; thence north on the section line between Sections 8 and 9, Township 23 North, Range 14 East, M.D.B. & M., to the north corner of said sections; thence west on the section line between Sections 5 and 8, Township 23 North, Range 14 East; thence north on the section line between Sections 5 and 6, Township 23 North, Range 14 East, to the corner; thence west on the section line to the northwest corner of Section 6, Township 23 North, Range 14 East; thence north on the township line between Range 13 East and Range 14 East to the southeast corner of Section 36, Township 24 North, Range 13 East; thence west on the south township line of Township 24 North, Range 13 East, to the southwest corner of the said township and range in the vicinity of Three Mile Rock; thence continuing west along the south side of Township 24 North, Range 12 East, to the southwest corner of said township and range in the Little Long Valley Creek drainage; thence north on the township line between Range 11 East and Range 12 East for approximately 22 miles to the northwest corner of Section 18, Township 27 North, Range 12 East; thence west approximately 3 miles to the southwest corner of Section 10, Township 27 North, Range 11 East; thence north approximately 2 miles to the northwest corner of Section 3, Township 27 North, Range 11 East; thence west on the township line to the northwest corner of Township 27 North, Range 11 East; thence north on the range line approximately 4½ miles to the Lassen County-Plumas County line at the west quarter corner of Section 7, Township 28 North, Range 11 East; thence following the County line in a southeasterly direction to the point of beginning.

(§ 1, Ord. 82-490, eff. April 1, 1982)