Carrera

(1a) In this case we declare that the Kings County ordinance allowing the impoundment and sale of farm animals found to be "at large" upon any street or public place or upon any private property against the wishes of the owner of the property, and Penal Code section 597f, to the extent that it commands the impoundment of any farm animal "neglected" by its owner, are constitutionally invalid for failure to provide the owner or person entitled to possession of the animals a reasonable notice and hearing as required by the due process clause of the Fourteenth Amendment. [1] Because of the constitutional infirmity of the ordinance and statute, we hold that the impoundment of appellant's animals in the instant case was unlawful, and respondents must be ordered to return to appellant the animals or their reasonable value.

The factual and procedural chronology is as follows: on November 9 and 10, 1974, the Kings County Animal Control Officer and his agents entered appellant's property in Corcoran, Kings County, California, and over appellant's protest took possession of her farm animals consisting of three bulls, six cows, six sows, two boars, one gelding horse,…

Introduction

In this case we declare that the Kings County ordinance allowing the impoundment and sale of farm animals found to be “at large” upon any street or public place or upon any private property against the wishes of the owner of the property, and Penal Code section 597f, to the extent that it commands the impoundment of any farm animal “neglected” by its owner, are constitutionally invalid for failure to provide the owner or person entitled to possession of the animals a reasonable notice and hearing as required by the due process clause of the Fourteenth Amendment. 1 Because of the constitutional infirmity of the ordinance and statute, we hold that the impoundment of appellant’s animals in the instant case was unlawful, and respondents must be ordered to return to appellant the animals or their reasonable value.

Facts

The factual and procedural chronology is as follows: on November 9 and 10, 1974, the Kings County Animal Control Officer and his agents *725 entered appellant’s property in Corcoran,. Kings County, California, and over appellant’s protest took possession of her farm animals consisting of three bulls, six cows, six sows, two boars, one gelding…

I concur. I wish to note that nothing in this opinion herein derrogates that provision of Penal Code, section 597f, which provides: “Notwithstanding any other provisions of this section, any officer of a pound or animal regulation department or humane society, or any officer of a police or sheriff’s department may, with the approval of his immediate superior, humanely destroy any abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to dispose of such animal.”

Retired judge of the superior court sitting under assignment by the Chairman of the Judicial Council.