ESTRAY ORDINANCE

WHAT IS AN ESTRAY ORDINANCE?

The California Food and Agriculture Code allows the Board of Supervisors to declare certain portions of the county as being devoted chiefly to grazing. Areas so designated are generally referred to as "Open Range." Kern County established an Estray Ordinance in 1942.

In such areas, a person may not "take up" any estray (stray) animal found on their property nor will they have a lien against the animal unless their property is surrounded by a good and substantial fence. In areas not designated as "grazing areas," a person finding any estray animal on their property (whether fenced or not) may seize the animal and have a lien on the animal for all expenses involved in seizing, keeping, and caring for the animal. In other words, in an "Open Range," a person must fence animals off their property if they do not want them on their property, while in areas not "Open Range," the animal owner must fence the animals in or run they risk of having those animals "taken up" as estrays.

The areas of the county devoted chiefly to grazing are presently described in Chapter 7.16 of the Kern County Ordinance Code. The areas comprise five (5) parcels and make up roughly the eastern half of the county.

HOW IS THE ESTRAY ORDINANCE AMENDED?

There is a formal application for amending the estray ordinance. Applicants wishing to amend the ordinance submit a completed application to the Planning Department with the appropriate filing fee. A legal description of the property involved in the request will be required. It is possible to request that open range be closed or that closed range be opened. If more than one (1) property owner is involved, the Planning Department will require letters of authorization. In 1954, the Kern County Planning Commission adopted the following policy:

* Favorable consideration will be given to requests for closed range where a substantial majority of affected property owners are in favor of the closed range, provided the size of the area is deemed reasonable and land use factors are favorable. Proof of public support for a closed range proposal must be furnished by sponsors of the proposal.

Because an amendment to the estray ordinance is a project, as defined by the California Environmental Quality Act (CEQA), submittal of certain environmental information might be required. CEQA requires that an environmental study be prepared for certain types of projects. The environmental study can take the form of an exemption, a Negative Declaration, a Mitigated Negative Declaration, or an Environmental Impact Report. In order to determine whether or not an environmental study will be required, the applicant may request an appointment to meet with a member of the planning staff; otherwise this determination will be made when a preliminary review of the request is made.

WHAT IS THE PROCESS THE AMENDMENT REQUEST GOES THROUGH?

On receipt of a request to amend the estray ordinance, a file is made and the request is assigned to a planner for processing. The planner initially determines if the request is made by a majority of the property owners in the area of the request. If not, the applicant is notified of the noncompliance with the adopted policy. A determination is made whether or not the request will require an environmental document. If a document is necessary, the procedure is that noted in the brochure describing the environmental process. Upon completion of the environmental document, or if a document is not required, the staff planner prepares a letter which will notify all property owners in the affected area of the pending action. The letter will act as a questionnaire and will advise of the possible Board of Supervisors action. The request is also referred to the office of County Counsel for the preparation of a draft ordinance. A "Notice of Public Hearing" is prepared and sent to a paper of general circulation in the county for publication. After the hearing date for the request has been selected, a staff report is prepared. The staff report contains information on the proposal, an analysis of the proposal, results of the questionnaire sent to property owners, and a staff recommendation to the Board of Supervisors. The matter is then brought before the board at a public hearing where the staff report is considered as well as other public testimony. Copies of the staff report are normally available four (4) to five (5) days before the board hearing.

HOW MUCH TIME WILL THIS PROCESS TAKE?

Before the request is accepted for processing, a preliminary review is performed by staff to make sure all the necessary information and fees have been submitted. Applicants should allow approximately two (2) weeks for the preliminary review.

If the request is determined to be incomplete, the applicant will be notified in writing of what additional information is necessary to complete the application.

Once accepted as complete. the processing time for a request to amend the estray ordinance varies. A straightforward, noncontroversial request, not requiring an environmental document could be heard in as little as six (6) weeks. A request requiring a Negative Declaration could be brought before the board in three (3) to four (4) months. Should a request necessitate an Environmental Impact Report, the applicant should allow ten (10) to twelve (12) months for processing.

AFTER THE REQUEST IS APPROVED WHAT HAPPENS?

After a decision is made by the Board of Supervisors to amend the estray ordinance, the amendment does not become effective for thirty (30) days. After the thirty (30) days, the amendment is effective and the new set of circumstances will apply to the property as appropriate. The official maps which show the areas subject to the estray ordinance are amended to reflect the board's action.

The board may approve the request subject to conditions. These conditions would have to be satisfied before the thirty (30) days mentioned above would start.

Staff is available to answer any questions you may have regarding the estray ordinance and any possible amendments to it. Please telephone (661) 862-8600 if the Department can be of assistance.

(FORM200.PDS 11/96)