* For statutory authority for the supervisors of any county to declare by ordinance that such county, or part of such county, is devoted chiefly to grazing, see Agric. Code § 17124.

Prior ordinance history: Ords. 291, 291-A and 291-B.

All private lands of any character not enclosed by a fence which lie within the boundaries of the Sierra National Forest as shown on the U.S. Department of Agriculture Forest Visitors Map, Sierra National Forest, California, Mt. Diablo Meridian 1972, a copy of which is filed herewith, or lands lying out of the Sierra National Forest within one mile of the boundaries not enclosed by a fence, or not separated therefrom by a fence, together with lands owned by the United States and leased by the Bureau of Land Management, are hereby declared to be areas devoted chiefly to grazing pursuant to Section 17124 of the Agriculture Code of the state of California. (Ord. 400-A § 1, 1984: Ord. 400 § l(part), 1975)

Private parcels of land (such as patented mining claims or other parcels) meeting all of the criteria set forth herein which lie outside of the area described in Section 6.24.010 are declared to be areas devoted chiefly to grazing pursuant to Section 17124 of the Food and Agricultural Code of the state of California:
A. The parcel must be grazing land.
B. The parcel must be located within the confines of a fence or within the confines of a preexisting fence which has been wholly or partially removed by the owner or occupier of the parcel.
C. The parcel must be located within or immediately adjacent to land used for grazing by another owner which is wholly or partially enclosed by the same fence.
D. The parcel shall not be chiefly devoted to some other agricultural use, such as growing field crops, orchards or vines.
E. The parcel shall not be totally fenced.
F. The parcel shall not be a portion of a subdivision created under the Map Act of the State of California, except a subdivision which is used or leased for the grazing or pasturing of livestock as provided in Government Code Section 66424. (Ord. 400C § 1, 1988: Ord. 400-A § 2, 1984: Ord. 400 § l(part), 1975).

A. Adjacent landowners who are both using or leasing their land for raising of livestock shall share equally the cost of building and maintaining a lawful fence, cattleguards and gates. Notwithstanding the provisions of Food and Agricultural Code Section 17121, the minimum standards for cattle fences in Madera County shall be as follows:
1. All fences shall have a minimum of four strands of barbed wire, with the top strand not less than forty-eight inches from the ground, having a uniform separation of eleven inches between strands.
2. Supporting posts shall be not more than one rod distance from one another.
B. If because of the nature of the livestock involved, a fence, as described in this code, is inadequate to prevent the ingress and egress of the type of livestock being pastured, then the owner of such livestock shall be required to improve the fence to a condition that will prevent the ingress and egress of such livestock. (Ord. 400C § 2, 1988: Ord. 400 § l(part), 1975).

All people who pasture livestock in Madera County shall have on file with the brand inspector the owner’s brand and the name and address of the party to be notified. Failure to register shall be deemed a waiver of the owner’s right of notice. (Ord. 400 § l(part), 1975).

The animal control officer of Madera County shall be charged with the enforcement of this chapter. He shall, upon receipt of notice that cattle have strayed on lands not designated by Sections 6.24.010 or 6.24.020 as being areas devoted chiefly to grazing, give written notice to the designated person or owner, if the owner has complied with Section 6.24.050 of this chapter, or if his name is known. The owner or party in control of the animals shall have three days from the date of the notice in which to remove the cattle. If the cattle are not removed within a three-day period, then the animal control officer shall pick up and detain the animals. However, if the character of the property is such that, in the determination of the animal control officer, the cattle’s continued presence may cause significant damage, the animals will be picked up and detained within a reasonable time with or without notice to the owner.
If the area onto which the cattle have strayed is not an area devoted chiefly to grazing, the charges for removal and detention of cattle shall constitute a lien against the cattle, and must be paid before release of the cattle. (Ord. 400C § 3, 1988: Ord. 400-A § 4, 1984: Ord. 400-A § 1, 1975: Ord. 400 § l(part), 1975).

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The board of supervisors declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. (Ord. 400 § 1 (part), 1975).