California Streets and Highways Code 91.8 – (a) The department shall, within its maintenance program, …
(a) The department shall, within its maintenance program, establish procedures for the removal and disposal of animal carcasses on state highways.
(b) Notwithstanding any other provision of law, including, but not limited to, prohibitions on the possession and transportation of endangered or protected species, or the property rights associated with livestock and other commercially valuable animals, the department may remove or relocate an animal carcass from a state highway for safety purposes.
Terms Used In California Streets and Highways Code 91.8
- Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
- highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
- maintenance: includes any of the following:
California Streets and Highways Code 27
(c) The department shall dispose of animal carcasses in an environmentally appropriate manner considering both of the following:
(1) The animal’s probable legal status, whether as domestic or commercial property, wild, feral, protected, or endangered, as follows:
(A) When practicable, an owner of a domestic animal shall be notified of the location or disposition of the animal carcass. Unless returned to the owner, license tags, nameplates, or other identification shall be retained by the department for 30 days.
(B) A branded livestock carcass shall be removed from the roadway but not otherwise transported until the owner is contacted. If the owner cannot be identified, the department shall notify the regional brand inspector.
(C) In the case of wild, feral, protected, or endangered animals, disposal shall be accomplished in accordance with applicable provisions of the Fish and Game Code.
(2) If disposal technologies including, but not limited to, natural decomposition, burial, incineration, donation, rendering, or composting are not available or practicable, the department may use any nontraditional or novel technology that may be appropriate under the circumstances.
(d) Animal carcasses shall not be relocated to or disposed of within 150 feet of waterways or drainageways that lead directly to waterways, or buried within five feet of groundwater.
(e) The department shall maintain a record of designated disposal sites used for consolidation of animal carcasses.
(Added by Stats. 2008, Ch. 257, Sec. 3. Effective January 1, 2009.)