California Statewide Rule

California Bars Owners From Letting Livestock Stray Onto Highways

Some RestrictionsApplies statewide across California (2026)

Key Facts

Statute: Food & Ag Code 16902
Applies to: Fenced or built-up highways
Standard: Willful or negligent straying
Collision suits: No negligence presumption (16904)
Scope: Statewide, all livestock owners

Last verified: July 31, 2026

Summary

California Food and Agricultural Code section 16902 forbids any owner from willfully or negligently letting livestock stray onto, or stand unattended on, a public highway that is fenced or built up on both sides.

A person that owns or controls the possession of any livestock shall not willfully or negligently permit any of the livestock to stray upon, or remain unaccompanied by a person in charge or control of the livestock upon, a public highway, if both sides of the highway are adjoined by property which is separated from the highway by a fence, wall, hedge, sidewalk, curb, lawn, or building.

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Full Breakdown

The rule reaches every owner or possessor of livestock statewide. It is triggered wherever both sides of the highway are adjoined by property separated from the road by a fence, wall, hedge, sidewalk, curb, lawn, or building. On those roads the animal must never be left to stray or stand without a person in charge of it. Section 16904 then removes any automatic negligence finding: in a collision lawsuit over an animal on a highway, no presumption of owner negligence arises, so an injured motorist must prove the owner actually acted willfully or negligently under section 16902.

Violations & Penalties

A straying animal can be impounded as an estray and the owner sued for a highway collision, but section 16904 gives no automatic negligence presumption, so the plaintiff must prove willful or negligent conduct.

Frequently Asked Questions

Does section 16902 ban livestock on every California road?

No. It applies only where both sides of the highway are adjoined by property separated by a fence, wall, hedge, sidewalk, curb, lawn, or building.

If my cow is hit on the highway, am I automatically at fault?

No. Section 16904 says no presumption of negligence arises from the collision; the motorist must prove you willfully or negligently let the animal stray.

Does this cover chickens and other poultry?

Section 16902 governs livestock generally; poultry and small-animal keeping is regulated mainly by city and county zoning codes, not this highway-straying statute.

Sources

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