I got busted in Irvine Meadows for catching a Rattlesnake. It is a misdemeanor. Apparently there is a county ordinance in Orange County for disturbing/taking animals. But, according to the california state laws regarding reptiles there is an open season all year round for the taking of rattlesnakes, and using any method. So I figure I am going to fight this at court.
Reptile & Amphibian Forums
Welcome to kingsnake.com's message board system. Here you may share and discuss information with others about your favorite reptile and amphibian related topics such as care and feeding, caging requirements, permits and licenses, and more. Launched in 1997, the kingsnake.com message board system is one of the oldest and largest systems on the internet.
Warning: catching Rattlesnakes in Cali!
herphunt22
Jun 28, 2005 09:42 PM
Replies (5)
Chondubrid
Jun 28, 2005 11:01 PM
there was a supreme court ruling over a matter extremly similar to this... a county ordinance overruling a state law. i'll get you the name of the case from my old political science teacher tomorrow. you would be on the winning side of the case.
-----
Chondros and colubrids... my 2 favorite types of snakes!
"Life is hard. Life is harder if you're stupid." - John Wayne
herphunt22
Jun 28, 2005 11:11 PM
That would be sweet to read. Hopefully it can help. Thank you!
daerious
Jun 28, 2005 11:03 PM
Good luck. Though normally whichever law is more strict applies. I don't know much about animal laws, California might have a need to rid themselves of Rattlers the way we have coyotes, so they might overrule the county.
chrish
Jun 29, 2005 06:47 AM
I got busted in Irvine Meadows for catching a Rattlesnake. It is a misdemeanor. Apparently there is a county ordinance in Orange County for disturbing/taking animals.
Those open seasons only apply to areas where snakes may be legally taken. There are areas where they may not. Apparently, Irvine Meadows (whatever that is??) is one of those places.
You can certainly fight it and ask the court to explain the apparent discrepancy, but I suggest you should be ready to pay the fine when that is over.
-----
Chris Harrison
rhallman
Jun 29, 2005 11:33 PM
City and Counties have their own legislative bodies. In issues that are addressed by state law the lesser jurisdiction can not make laws counter to state law but they can make laws that meet or exceed state law. This is similar to the relationship between state law and federal law. A state cannot legalize an activity prohibited by federal law but it can prohibit an activity that is legal under federal law.
-----
Randy
Firehouse Herps
