It shall be unlawful to use any brand for branding any horses, cattle, sheep, mules, or asses unless the brand has been recorded as provided by sections 268.011 to 268.171. Hot brands and cryo-brands, consisting of arabic numerals only, may be used in conjunction with recorded brands for within-the-herd identification and as such shall not be recorded; and when so used shall not be evidence of ownership. Anyone convicted of violating this section shall be fined a sum not to exceed one hundred dollars or be confined in the county jail for not to exceed thirty days.