Chapter 61

5 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 1 CHAPTER 61 PLANTS & ANIMALS Article 1. Plant & Animal Quarantine. Article 2. Plant & Animal Pest Control. Article 3. Slaughterhouses and Slaughtered Animals. Article 4. Branding Law. Article 5. Estrays. ARTICLE 1 PLANT & ANIMAL QUARANTINE § 61101. Definitions. § 61102. Regulations. § 61103. Authority to Inspect. § 61104. Safeguard or Confinement. § 61105. Treatment. § 61106. Treatment at Risk & Expense of Owner. § 61107. Destruction. § 61108. Liabilities. § 61109. Egg Labeling. [Repealed] § 61110. Violations. § 61101. Definitions. As used in this Chapter: (a) Pest means insect, fungus, bacterium, virus and other forms of animal and plant life known or suspected t o be injurious to Guam crops and livestock or poisonous to fish. (b) Host means plant or animal or part thereof, soil, container, vehicles, or other article known or susp ected to be infested or contaminated with agricultural pests. (c) Regulated article means any pest or host designated as such in this Chapter or in any plant and animal quarantine or control regulation. (d) Crop means plants and plant products collectively grown or cared for and used for food and

or host designated as such in this Chapter or in any plant and animal quarantine or control regulation. (d) Crop means plants and plant products collectively grown or cared for and used for food and other usef ul purpose. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 2 (e) Livestock means cattle, carabao, swine, deer, sheep, goats, equine and poultry raised for labor, food or other purposes. SOURCE: GC § 12100 added by P.L. 3-103; subpart (a) amende d by P.L. 7-16. All sections in this Chapter are Aadded by P.L. 3-103' unless noted otherwise. Subsection (e) amended by P.L. 25-030:1. § 61102. Regulations. Regulations shall be promulgated, in accordance wit h 60108 of this Division, to protect Guam agriculture from new plant and animal diseases. Such regulations may establish qua rantines at the border of or within Guam, prohibiting or restrictin g the entry and movement of designated pests and hosts and prescrib ing methods for inspection, safeguard, treatment and destructio n of such regulated articles, and for related work. The Direc tor is authorized to modify, by making less stringent, any prohibitio ns or restrictions made by such regulations.

eatment and destructio n of such regulated articles, and for related work. The Direc tor is authorized to modify, by making less stringent, any prohibitio ns or restrictions made by such regulations. SOURCE: GC § 12101. § 61103. Authority to Inspect. The Director is hereby authorized and empowered to enter upon any air or sea craft arriving at Guam whether off-port, at pier or wharf, or at an airfield; to enter any pier, wha rf, depot, ware- house or other places where any regulated article e xists or is be- lieved to exist; and to inspect cargo, stores, quar ters, baggage and any other thing for regulated articles. SOURCE: GC § 12102. § 61104. Safeguard or Confinement. The Director shall have the power to safeguard any animal, plant, or other regulated article when, in his opin ion, such confinement is necessary to prevent the spread of a pest from such article. SOURCE: GC § 12103. § 61105. Treatment. Regulated articles which can be safely and effectiv ely treated to destroy associated pests, may be treated in a ma nner deemed necessary and adequate by the Director. Surfaces, areas and things COL1/11/20225 GCA GOVERNMENT OPERATIONS CH.

and effectiv ely treated to destroy associated pests, may be treated in a ma nner deemed necessary and adequate by the Director. Surfaces, areas and things COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 3 actually or possibly contaminated with imported pes ts may be so treated. SOURCE: GC § 12104. § 61106. Treatment at Risk & Expense of Owner. Any treatment which may be required under the provi sions of this Article shall be at the risk and at the expens e of the owner or person in charge or in possession thereof at the ti me of treatment unless otherwise provided in supporting regulations . SOURCE: GC § 12105. § 61107. Destruction. Regulated articles and things exposed to contaminat ion therefrom, which cannot be made pest free by any tr eatment approved by the Director, shall be destroyed or shipped out of Guam, as ordered by the Director. SOURCE: GC § 12106. § 61108. Liabilities. Exception the salary and transportation of any insp ector, the costs of plant and animal quarantine activities sha ll, as determined by the Director, be borne by the owner or person in ch arge or in possession of any regulated article involved in suc h costs.

he costs of plant and animal quarantine activities sha ll, as determined by the Director, be borne by the owner or person in ch arge or in possession of any regulated article involved in suc h costs. The government of Guam, the Department, Director or ins pector shall in no manner be liable for loss, destruction, or damag e to property or persons resulting from activities authorized by thi s Article. SOURCE: GC § 12107. § 61109. Egg Labeling. [Repealed.] SOURCE: GC § 12108; repealed by P.L. 11-205. CROSS-REFERENCE: See 5 GCA Title 10, Health & Safety, for labeling and regulation of food. § 61110. Violations. It shall be unlawful and punishable upon conviction as a petty misdemeanor, for any person to violate any provisio ns of this Article and supporting regulations, including but not limit ed to (a) concealment from an inspector of any regulated arti cle or failure to present the same for inspection and (b) failure to safeguard, dispose COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 4 of, or otherwise handle regulated articles in accor dance with this Division and instructions from an inspector. SOURCE: GC § 12109; amended by P.L. 13-187:101.

T OPERATIONS CH. 61 PLANTS & ANIMALS 4 of, or otherwise handle regulated articles in accor dance with this Division and instructions from an inspector. SOURCE: GC § 12109; amended by P.L. 13-187:101. ---------- ARTICLE 2 PLANT & ANIMAL PEST CONTROL § 61201. Authority to Perform or Require Control Wo rk. § 61202. Regulations. § 61203. Indemnities and Costs. § 61204. Bovine Tuberculosis. § 61205. Rabid Dogs. [Repealed] § 61206. Unlawful Acts. § 61207. Penalties. § 61201. Authority to Perform or Require Control Wo rk. The Department is authorized to perform or particip ate in pest control or eradication work when, in the opini on of the Director, such work by the Department is of general benefit to Guam agriculture and not largely for the benefit of one or few individuals. Any owner may be required to perform c ontrol work and to safeguard or destroy designated regulated ar ticles when, in the opinion of the Director, such action is necessa ry to protect the agricultural economy of Guam. SOURCE: GC § 12125. § 61202. Regulations. Regulations shall be promulgated, in accordance wit h § 60108 of this Chapter, to protect plants, fish and animals from destructive and injurious pests.

uam. SOURCE: GC § 12125. § 61202. Regulations. Regulations shall be promulgated, in accordance wit h § 60108 of this Chapter, to protect plants, fish and animals from destructive and injurious pests. SOURCE: GC § 12126. § 61203. Indemnities and Costs. No indemnity shall be paid to the owner or any pers on for property destroyed or damaged by activities authori zed herein, unless specifically provided for in this Division o r supporting regulations. Unless otherwise indicated, the costs of work done, COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 5 material consumed, and equipment used on such activ ities, including the salaries of the veterinarian and any inspector, shall be borne by the government of Guam. SOURCE: GC § 12127. § 61204. Bovine Tuberculosis. All cattle within Guam shall be tuberculin tested b y the government veterinarian as often as in his judgment , with the approval of the Director, such testing is desirable in order to detect, suppress and eradicate bovine tuberculosis. The veterinari- ans and agent of the Department may, for the purpos e of making such tests, go upon any property where such cattle are kept or found.

tect, suppress and eradicate bovine tuberculosis. The veterinari- ans and agent of the Department may, for the purpos e of making such tests, go upon any property where such cattle are kept or found. If bovine tuberculosis is detected in any an imal, the Director shall recommend control and eradication pr ocedures, provisions for indemnification, and penalties, to b e promulgated as regulations as authorized in § 60108 of this Cha pter. SOURCE: GC § 12128. § 61205. Rabid Dogs. [Repealed.] SOURCE: GC § 12130 added by P.L. 3-103; repealed by P.L. 5 -62. CROSS-REFERENCE: For dog control laws, see 10 GCA Chapter 34. § 61206. Unlawful Acts. It shall be unlawful for any person (a) to conceal, plant, harvest, dry, or process any pest or host which is subject to a Department control or eradication program and (b) f ail to safeguard, dispose of, or otherwise handle such pes ts and hosts as instructed by an inspector or agent of the Departme nt, in accordance with the provisions of this Article. SOURCE: GC § 12150; amended by P.L. 7-16. § 61207. Penalties. Any violation of the provisions of § 61206, above, shall be a petty misdemeanor. SOURCE: GC § 12131; amended by P.L. 13-187:102.

Article. SOURCE: GC § 12150; amended by P.L. 7-16. § 61207. Penalties. Any violation of the provisions of § 61206, above, shall be a petty misdemeanor. SOURCE: GC § 12131; amended by P.L. 13-187:102. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 6 ---------- ARTICLE 3 SLAUGHTERHOUSES AND SLAUGHTERED ANIMALS § 61301. Slaughterhouse Defined. § 61302. Cognizance over Slaughterhouses. § 61303. Permits and Health Certificates. § 61304. Requirements for Slaughterhouses. § 61305. Slaughtering of Animals. § 61306. Inspection of Animals: Private Use. § 61307. Inspection of Animals for Meat: Commercial Use. § 61308. Sale, Offer for Sale, or Possession of Uni nspected Meat: Unlawful. § 61309. Unlawful Possession of Mark, Stamp or Bran d. § 61310. Cattle Slaughtering for Food: Notice. § 61311. Regulations. § 61312. Violation: Penalties. § 61301. Slaughterhouse Defined. Slaughterhouse means and includes any commercial establishment where cattle, swine, carabaos, deer, sheep, goats, horses or other livestock are killed for the purpos e of obtaining the meat therefrom for human consumption. SOURCE: GC § 12140. Amended by P.L.25-030:2. § 61302. Cognizance over Slaughterhouses.

ts, horses or other livestock are killed for the purpos e of obtaining the meat therefrom for human consumption. SOURCE: GC § 12140. Amended by P.L.25-030:2. § 61302. Cognizance over Slaughterhouses. All matters concerning sanitation relative to the o peration of slaughterhouses, the inspection of livestock, proce dures for slaughtering and inspection of carcasses and meat s hall be under the cognizance of the Director. SOURCE: GC § 12141. § 61303. Permits and Health Certificates. (a) It shall be unlawful for any person to open a b usiness, operate or continue to operate any slaughterhouse w ithout a permit from the Director. (b) A person employed in the operation of a slaught erhouse shall have a valid health certificate from the Dep artment of Public COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 7 Health and Social services. Every owner, employer, manager, or person in charge or in control of any slaughterhous e, together with the person employed, is responsible that such perso n so employed has a valid health certificate. SOURCE: GC § 12142; amended by P.L. 7-101 and P.L. 9-147. § 61304. Requirements for Slaughterhouses.

the person employed, is responsible that such perso n so employed has a valid health certificate. SOURCE: GC § 12142; amended by P.L. 7-101 and P.L. 9-147. § 61304. Requirements for Slaughterhouses. Every slaughterhouse hereafter established shall co mply with the following: (a) Every slaughterhouse shall be kept clean and sanitary. All offal, blood, fat, manure or other re fuse shall be removed therefrom immediately after completion of t he slaughtering operations. (b) There shall be abundant light, both natural and artificial, and sufficient ventilation to insure sa nitary condi- tions. (c) The water supply shall be ample, clean and pota ble with adequate facilities for the distribution in th e plant. Both hot and cold water shall be available during operat ion of the slaughterhouse. (d) The floors shall be of concrete constructed in such a way that all blood, water and liquid refuse will dr ain into a cesspool properly constructed and well kept. The wa lls may be of concrete, lumber, or other suitable materials , to a height of at least five feet from the floor. The space abo ve five feet from the floor may be of screen but shall be kept i n good repair.

y be of concrete, lumber, or other suitable materials , to a height of at least five feet from the floor. The space abo ve five feet from the floor may be of screen but shall be kept i n good repair. The ceiling must be of sufficient height to permit carcasses to hang so that they do not contact the f loor. (e) Every precaution shall be taken to keep the est ablish- ment free from insects and rodents. (f) No animal or fowl, except animal or fowl for sl augh- ter, shall be permitted in any slaughterhouse. No a nimal of fowl shall be kept permanently on the premises of t he slaugh- terhouse or within 150 feet thereof. (g) Properly located facilities for cleaning, di sinfecting and sterilizing utensils and hands of all persons h andling meat or meat food products shall be provided. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 8 SOURCE: GC § 12143. § 61305. Slaughtering of Animals. All livestock, except poultry, intended to be slaug htered for commercial purposes must be slaughtered in a slaugh terhouse in a manner approved by the Department. SOURCE: GC § 12144. § 61306. Inspection of Animals: Private Use.

, intended to be slaug htered for commercial purposes must be slaughtered in a slaugh terhouse in a manner approved by the Department. SOURCE: GC § 12144. § 61306. Inspection of Animals: Private Use. An owner of livestock, except poultry, desiring to slaughter such livestock for meat for private human consumpti on may request the services of an inspector from the Direc tor for the purpose of inspecting such livestock. Such inspecti on shall be made without charge, and the recommendations of the inspection shall not be binding on the owner, except that if a n animal is found to have a communicable disease, it shall be condemn ed for human consumption. SOURCE: GC § 12145. § 61307. Inspection of Animals for Meat: Commercial Use. An animal to be slaughtered in the Territory of Gua m for the purpose of processing or manufacturing meat, meat p roducts, or by-products therefrom for sale for human consumptio n, the carcass of such animal after slaughter, and any mea t, meat product, or by-products processed or manufactured t herefrom in Guam for sale for human consumption, must be inspec ted and approved as fit for human consumption by a qualifie d veterinarian of the Department of

by-products processed or manufactured t herefrom in Guam for sale for human consumption, must be inspec ted and approved as fit for human consumption by a qualifie d veterinarian of the Department of Agriculture of his duly author ized represen- tative. The veterinarian shall condemn any such ani mal found by him to be incurably diseased, and such meat, meat p roducts, or by-products found by him to be unfit for human cons umption. The veterinarian’s approval of meat found fit for human consumption shall be indicated by impressing upon each primal p art of such meat or carcass a form of stamp approved by the Dir ector. All animals, carcasses, or meat condemned under this Se ction shall be disposed of under the direction and supervision of the veterinarian. When an animal is condemned under thi s Section, or the carcass or meat therefrom, the owner of the ani mal shall be entitled to indemnification in such amount as deter mined by the COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 9 Director in accordance with regulations promulgated pursuant to § 60108 of this Division. SOURCE: GC § 12146; amended by P.L. 4-70. § 61308.

/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 9 Director in accordance with regulations promulgated pursuant to § 60108 of this Division. SOURCE: GC § 12146; amended by P.L. 4-70. § 61308. Sale, Offer for Sale, or Possession of Uni nspected Meat: Unlawful. No person shall sell, or offer for sale, any meat n ot bearing a valid approval stamp as required under § 61307 of t his Article, and no wholesaler or retailer shall have in his possess ion or on his business premises any meat not bearing a valid appr oval stamp as required under § 61307 of this Division. SOURCE: GC § 12147. § 61309. Unlawful Possession of Mark, Stamp or Bran d. It shall be unlawful for any person, except authori zed employees or deputies of the Department, to possess , keep, or use any mark, stamp, or brand provided for use for mark ing, stamping, or branding the carcass of animals, parts thereof, meats, or meat food products. SOURCE: GC § 12148. § 61310. Cattle Slaughtering for Food: Notice. No person shall slaughter or kill any cattle for fo od purposes unless he has secured a written permit from the Com missioner or Assistant Commissioner of the respective districts in Guam where the slaughtering

hall slaughter or kill any cattle for fo od purposes unless he has secured a written permit from the Com missioner or Assistant Commissioner of the respective districts in Guam where the slaughtering occurs, within 24 hours of such sl aughtering. Any person violating the provisions of this Section sha ll be guilty of a petty misdemeanor; Provided, however, that the prov isions of this Section shall not apply to the slaughtering or kill ing of cattle to prevent waste, but notice of such slaughtering or k illing must be made by the person doing so to the Commissioner or Assistant Commissioner of such district within 24 hours after such slaughtering or killing. SOURCE: GC § 12150 added by P.L. 5-120; amended by P.L. 7- 25 and P.L. 13-187:103. NOTE: Commissioner and Assistant Commissioner changed to Mayor and Vice Mayor, respectively, pursuant to P.L. 20-33:1. § 61311. Regulations. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 10 Regulations shall be promulgated in accordance with § 60108 of this Division to implement this Article. SOURCE: GC § 12155; renumbered from § 12149 by P.L. 5-120. § 61312. Violation: Penalties.

LS 10 Regulations shall be promulgated in accordance with § 60108 of this Division to implement this Article. SOURCE: GC § 12155; renumbered from § 12149 by P.L. 5-120. § 61312. Violation: Penalties. Any violation of this Article or supporting regulat ions is a petty misdemeanor and punishable as such. SOURCE: GC § 12156; renumbered from § 12150 by P.L. 5-120; amended by P.L. 13-187:104. ---------- ARTICLE 4 BRANDING LAW OF 2000 § 61401. Definitions. § 61402. Name. § 61403. Branding Mandatory. § 61404. Time Limit for Branding. § 61405. Brand to be Registered. § 61406. Registration. § 61407. Denial of Registration. § 61408. Procedure After Denial. § 61409. Use of Brand. § 61410. Transfer of Brand. § 61411. Disposition of Fees. § 61412. Transfer/Sale of Livestock. § 61413. Chief Brand Inspector. § 61414. Assistance by Department. § 61415. Implementing Regulations. § 61416. Penalty. § 61417. Livestock Fund. SOURCE: This Article, the Branding Law of 1970 , was repealed/reenacted from the former Article 4 on the same subject by P.L. 25-186:15. § 61401. Definitions. As used in this Article: COL1/11/20225 GCA GOVERNMENT OPERATIONS CH.

anding Law of 1970 , was repealed/reenacted from the former Article 4 on the same subject by P.L. 25-186:15. § 61401. Definitions. As used in this Article: COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 11 (a) Livestock means any cattle, carabao, horse, deer, mule or donkey. (b) Brand means any permanent tag, mark, sign, or symbol placed upon or implanted in livestock for th e purpose of identifying the owner thereof. § 61402. Name. This Article may be cited as the Branding Law of 2000. § 61403. Branding Mandatory. No person shall own any livestock which does not ca rry the registered brand of such owner as required by this Article. § 61404. Time Limit for Branding. All livestock shall be branded within ninety calend ar days of the date of birth, or one month after acquisition, whichever is later. § 61405. Brand to be Registered. No person shall use any brand which has not been re gistered with the Department of Agriculture. § 61406. Registration. Application for registration of brands shall be mad e on a form furnished by the Department. If said application i s approved, the Department shall forthwith issue to the applicant a certificate of brand registration

egistration of brands shall be mad e on a form furnished by the Department. If said application i s approved, the Department shall forthwith issue to the applicant a certificate of brand registration upon payment of a fee of $10.00. Brands registered with the Department prior to the Year 20 00 must be re- registered with the Department to be valid. Upon r eceipt of the certificate of brand registration, the applicant is responsible for making the applicant =s own brand, or having one made for that person. § 61407. Denial of Registration. The Department shall deny the registration of any b rand which is identical to any brand previously register ed, or which is easily altered from the brand of another. No brand shall be registered which is formed by representation of any letter, number or figure which has been previously registered, or which is a solid brand, or which is described as being on either sid e of an animal, COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 12 or composed of single letters or figures, or of mor e than three letters or figures. The location of the brand on t he animal shall be considered as part of the brand, and no brand shall be registered

r composed of single letters or figures, or of mor e than three letters or figures. The location of the brand on t he animal shall be considered as part of the brand, and no brand shall be registered which does not describe such location. § 61408. Procedure After Denial. Upon denial of any application for registration of brand, the application shall be returned to the applicant, tog ether with a statement of the reason(s) for rejection. Another application may then be filed for a different brand. § 61409. Use of Brand. (a) No person shall apply any brand to any livestoc k or other animal without the permission of the owner of the b rand. (b) No person shall apply any brand to any livestoc k or other animal not owned by that person without the permiss ion of the owner of such animal. (c) No person shall apply a brand to any livestock or other animal unless Guam Veterinarian, or his authorized agent is present. § 61410. Transfer of Brand. A registered brand may be transferred to another pe rson by application of the owner of the brand and the propo sed transferee, and surrender of the original certificate of brand registration to the Department.

d brand may be transferred to another pe rson by application of the owner of the brand and the propo sed transferee, and surrender of the original certificate of brand registration to the Department. The Department shall thereupon issue a new certificate of brand registration upon payment of a fee of $10.00. § 61411. Transfer/Sale of Livestock. Any person who purchases or acquires livestock must brand such animals no later than 30 calendar days after a cquisition. Previously branded animals not intended for slaught er within 30 calendar days of acquisition must be reregistered w ith the Department. An affidavit of livestock transfer ind icating the transaction will be issued to the buyer. All brand s must be registered with the Department. § 61412. Chief Brand Inspector. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 13 The Director of Agriculture shall designate one or more employees of the Department to serve as Chief Brand Inspector and Deputy Brand Inspector, respectively, who will enforce the laws and regulations pertaining to branding of live stock and undertake any other related duties assigned by the Director.

and Inspector and Deputy Brand Inspector, respectively, who will enforce the laws and regulations pertaining to branding of live stock and undertake any other related duties assigned by the Director. Nothing herein shall be construed, however, to limi t the authority and responsibility of the Guam Police Department in regard to criminal enforcement. § 61413. Assistance by Department. The Department shall disseminate information to int erested persons relative to branding requirements and proce dure, and may assist owners in the branding of their livestock an d charge a reasonable fee thereof as prescribed by regulations . § 61414. Regulations. Regulations implementing this Article shall be form ulated, approved and issued in accordance with the Administ rative Adjudication Act to carry out the purposes of this Article. § 61415. Penalty. Any person violating any Section of this Article is guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not less than $50.00, nor more than $500. 00, or by imprisonment of not more than 90 days, or by both f ine and imprisonment. § 61416. Livestock Fund. [Repealed.] ( SOURCE: Repealed by P.L. 36-071:18 (Dec.

ss than $50.00, nor more than $500. 00, or by imprisonment of not more than 90 days, or by both f ine and imprisonment. § 61416. Livestock Fund. [Repealed.] ( SOURCE: Repealed by P.L. 36-071:18 (Dec. 27, 2021). ---------- ARTICLE 5 ESTRAYS § 61501. Definitions. § 61502. Confinement of Animals. § 61503. Grazing Prohibited. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 14 § 61504. Impounding of Estrays. § 61505. Estray Animal Control Unit. § 61506. Seizure of Estrays by Private Persons: Lie n. § 61507. Notice of Seizure. § 61508. Fees. § 61509. Recovery by Owner. § 61510. Disposition of Unclaimed Estrays. § 61511. Disposition of Sale Proceeds. § 61512. Liability. § 61513. Penalty. § 61501. Definitions. As used in this Article, the following definitions shall apply: (a) Domestic animal means any sheep, pig, goat, horse, mule, deer , cattle or carabao. (b) Estray means any domestic animal found at large, or trespassing on public or private property. It inclu des, but is not limited to, any domestic animal found within an y public right-of-way whether such domestic animal is at lar ge, staked, or tied.

r trespassing on public or private property. It inclu des, but is not limited to, any domestic animal found within an y public right-of-way whether such domestic animal is at lar ge, staked, or tied. (c) Owner means any person in possession of or harbor- ing a domestic animal. SOURCE: GC § 12180 added by P.L. 5-47. All SOURCE referenc es in this Article are to P.L. 5-47 unless another Public Law is stated. Subssection (a) amended by P.L. 25-030:4. CROSS-REFERENCE: The control of dogs is found in 10 GCA Chapter 34. § 61502. Confinement of Animals. All domestic animals must be confined by the owner thereof by adequate fencing, or be kept securely staked or tied, except where otherwise subjected to direct control by the presence of the owner or his authorized representative. SOURCE: GC § 12161. § 61503. Grazing Prohibited. It shall be unlawful for an owner of a domestic ani mal, willfully, to allow such animal to graze, or be at large, whether or COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 15 not staked or tied, within any public right-of-way, school, park, or recreation area, or, except when duly authorized ac cording to law, on any other public property.

TIONS CH. 61 PLANTS & ANIMALS 15 not staked or tied, within any public right-of-way, school, park, or recreation area, or, except when duly authorized ac cording to law, on any other public property. SOURCE: GC § 12182. § 61504. Impoundment of Estrays. The Department of Agriculture shall seize and impou nd all estrays. The Commissioners of Guam shall have the c oncurrent responsibility with their respective jurisdictions of collecting any estrays and turning them over to the Department of Agriculture. SOURCE: GC § 12183; amended by P.L. 11-68. NOTE: Commissioner has been changed to Mayor pursuant to P.L. 20-33:1. § 61505. Estray Animal Control Unit. The Department of Agriculture shall maintain an est ray animal control unit. The estray animal control unit shall provide for the care and keep of any estrays impounded as p rovided by this Article. SOURCE: GC § 12184; amended by P.L. 11-68. § 61506. Seizure of Estrays by Private Persons: Lie n. Notwithstanding § 61505, any person finding any es tray upon premises in his possession, or upon highways a nd streets adjacent thereto, may seize such estray and shall h ave a lien thereon for all costs incurred in seizing, keeping and caring

any es tray upon premises in his possession, or upon highways a nd streets adjacent thereto, may seize such estray and shall h ave a lien thereon for all costs incurred in seizing, keeping and caring for such estray and also for any damages in, on, or to such person’s premises or other property caused by such estray. A ny person seizing an estray shall notify the Department of Ag riculture of such seizure within 24 hours and the Department of Agriculture shall remove the seized estray and impound the same , subject to the amount of the claim of such person for seizing and any damag- es caused by such estray. The amount so claimed sha ll be declared at the time of impounding to the Department of Agri culture. SOURCE: GC § 12185; amended by P.L. 11-68. § 61507. Notice of Seizure. The Director of Agriculture shall, within five days , after notification of impoundment of an estray, cause pub lic notice to COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 16 be given that the estray, if not reclaimed, will be sold at public sale at the Department of Agriculture by the Director on a date specified which shall be not less than 15 days afte r the date of the notice.

that the estray, if not reclaimed, will be sold at public sale at the Department of Agriculture by the Director on a date specified which shall be not less than 15 days afte r the date of the notice. The notice shall also state the number and description of the estrays impounded, the brands if any, the date and place of impounding, the name of the private person, if any, who made the seizure, and the amount claimed by such person as c osts and damages, the amount per day charged for care and ke ep of estrays by the Department of Agriculture and that the estra y may be claimed by the owner at any time prior to the sale from the Director in accordance with § 61509. Such notice sh all be delivered to the owner, if the owner is known. The notice shall be published two times in a newspaper of general circu lation in Guam prior to the date of sale. SOURCE: GC § 12186; amended by P.L. 11-68. § 61508. Fees. The charge per day for care and keep for each estra y seized and impounded by the Department of Agriculture shal l be Two Dollars for each horse, mule, cattle, or carabao an d One Dollar per day for each sheep, pig, or goat. SOURCE: GC § 12187; amended by P.L. 11-68. § 61509.

the Department of Agriculture shal l be Two Dollars for each horse, mule, cattle, or carabao an d One Dollar per day for each sheep, pig, or goat. SOURCE: GC § 12187; amended by P.L. 11-68. § 61509. Recovery by Owner. The owner of any impounded estray may obtain the re lease thereof, prior to sale, by producing evidence of ow nership and paying all costs for care and keep, notice of sale, and any claim for costs and damages of the private person, if any , who made the seizure. If the owner refuses to pay the claim of a ny such damaged person, he may obtain the release of an estray by p osting a bond in the amount of such claim, but not to exceed the value of the estray as appraised by the Director. Such lien shal l remain in effect for one year to satisfy any judgment obtained by th e claimant against the owner. SOURCE: GC § 12188. § 61510. Disposition of Unclaimed Estrays. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 17 (a) Any estray remaining unclaimed at the time fixe d for the date of sale in the notice required by § 61507 shal l be sold at public sale by the Director.

NMENT OPERATIONS CH. 61 PLANTS & ANIMALS 17 (a) Any estray remaining unclaimed at the time fixe d for the date of sale in the notice required by § 61507 shal l be sold at public sale by the Director. (b) The minimum acceptable bid at the sale on each estray shall not be less than the charged for care and kee p, impounding, and costs of sale. (c) The sale shall be to the highest bidder and the terms of sale shall be cash. (d) If no acceptable bid is received, the Director shall declare the estray sold to the government of Guam in paymen t for the charges for care and keep, impounding, and costs o f sale. Any estray sold to the Government of Guam shall be deli vered to the Department of Agriculture. (e) All sales shall be final and bar any right of r ecovery. (f) The Director shall issue a proper bill of sale for the estray sold to the highest bidder after completion of the sale. All sales made under the provisions of this Article convey a good and valid title to the purchaser. SOURCE: GC § 12189; amended by P.L. 11-68. § 61511. Disposition of Sale Proceeds. The proceeds, if any, from the sale of estrays shal l be paid into the General Fund.

nd valid title to the purchaser. SOURCE: GC § 12189; amended by P.L. 11-68. § 61511. Disposition of Sale Proceeds. The proceeds, if any, from the sale of estrays shal l be paid into the General Fund. A private person claiming a lien against the estray shall file written proof of such amount of l ien, under oath, with the Director. If the Director shall be satisfi ed of the validity of the amount claimed, he shall authorize payment t hereof from any proceeds of the sale of the estray on which the lien is claimed, after deducting charged for care and keep, impoundi ng, and costs of sale allowed by this Article. SOURCE: GC § 12190; amended by P.L. 11-68. § 61512. Liability. No liability shall be incurred by the government of Guam or any of its officers or employees in carrying out th e provisions of this Article. SOURCE: GC § 12191. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 61 PLANTS & ANIMALS 18 § 61513. Penalty. Any owner who violates any provision of this Articl e shall be published by a fine not to exceed Ten Dollars for the first violation, and a fine not to exceed Twenty-five Dol lars for the second violation and any violation thereafter. SOURCE: GC § 12192; amended by P.L.

d by a fine not to exceed Ten Dollars for the first violation, and a fine not to exceed Twenty-five Dol lars for the second violation and any violation thereafter. SOURCE: GC § 12192; amended by P.L. 11-68. ---------- COL1/11/2022