Section § 21051

Explanation

This law outlines when cattle must be inspected in California. Cattle inspections are necessary in various situations, including when they are sold or ownership changes, before moving out of certain areas not related to sale or slaughter, and before leaving the state. Inspections are also required before entering a feedlot, prior to slaughter, when leaving stockyards or sales markets, when moving from designated quarantine areas, and when transported from specific origins.

Except as otherwise provided in this chapter, cattle shall be inspected as follows:
(a)CA Food And Agriculture Code § 21051(a) Whenever cattle are sold or ownership is transferred.
(b)CA Food And Agriculture Code § 21051(b) Prior to movement out of any designated modified point-of-origin inspection area, for purposes other than sale or slaughter and no change of ownership is involved, as provided in Section 21111.
(c)CA Food And Agriculture Code § 21051(c) Prior to movement out of the state.
(d)CA Food And Agriculture Code § 21051(d) Upon entry into a registered feedlot.
(e)CA Food And Agriculture Code § 21051(e) Prior to slaughter.
(f)CA Food And Agriculture Code § 21051(f) Prior to release or sale from a public stockyard, public saleyard, or public or private cattle sales market.
(g)CA Food And Agriculture Code § 21051(g) Prior to release from a posted stockyard or posted saleyard.
(h)CA Food And Agriculture Code § 21051(h) Prior to transportation out of a full point-of-origin area, as provided in Section 21141.
(i)CA Food And Agriculture Code § 21051(i) Prior to transportation or movement from premises designated as quarantine, restriction, or isolated areas pursuant to Section 9565.

Section § 21051.3

Explanation

This law states that if someone moves or transports an animal without the required inspection, they can be fined to cover the costs related to investigating and prosecuting the violation. If animals were unlawfully taken, costs for returning them to their owner are also included.

The director will calculate this fine and demand payment within 30 days. If the accused disagrees, a hearing will be scheduled. They can take the case to court for a review within 30 days of the decision.

These fines are in addition to any other legal penalties and the money collected goes to the Department of Food and Agriculture Fund.

(a)CA Food And Agriculture Code § 21051.3(a) Any person who moves or transports any animal without inspection, as required by this chapter, is liable to the director for a civil penalty in the amount of the expenses incurred by the director to investigate and prosecute the violation and, if the violation involved the unlawful taking of animals, the expenses incurred by the director to recover and return the animal or animals to their owner.
(b)CA Food And Agriculture Code § 21051.3(b) If the director finds that a violation of subdivision (a) has occurred, he or she shall calculate the amount of the civil penalty and make demand for payment within 30 days thereof. The respondent may deny liability in whole or in part, in which case the director shall set the matter for hearing before a hearing officer of the department or, at the director’s discretion, pursuant to Section 11502 of the Government Code. The hearing procedure under this subdivision shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c)CA Food And Agriculture Code § 21051.3(c) The respondent may petition for judicial review of the director’s determination to assess a civil penalty pursuant to Section 1094.5 of the Code of Civil Procedure by filing an action within 30 days of the date of service of the director’s decision.
(d)CA Food And Agriculture Code § 21051.3(d) The civil penalty in this section is in addition to any other civil or criminal penalties provided by law.
(e)CA Food And Agriculture Code § 21051.3(e) Any funds collected pursuant to this section shall be paid into the Department of Food and Agriculture Fund.

Section § 21051.4

Explanation

This section allows the director to impose a civil fine of up to $100 for each violation of the chapter.

Before the fine is given, the person accused must be informed about the violation, given a chance to speak on their behalf, and has the right to see and present evidence.

If the director's decision is disputed, it can be reviewed under a specific legal procedure.

Money collected from these fines goes into a special fund for the Department of Food and Agriculture, used as the division sees fit.

(a)CA Food And Agriculture Code § 21051.4(a) In addition to any other penalty provided by this chapter, the director may levy a civil penalty against any person who violates this chapter of an amount not to exceed one hundred dollars ($100) for each violation.
(b)CA Food And Agriculture Code § 21051.4(b) Before a civil penalty is levied, the person who is charged with a violation shall be provided a notice of the violation, shall have an opportunity to be heard, and shall have the right to review the evidence and to present evidence on his or her behalf.
(c)CA Food And Agriculture Code § 21051.4(c) The decision of the director may be reviewed pursuant to Section 1094.5 of the Code of Civil Procedure.
(d)CA Food And Agriculture Code § 21051.4(d) The director shall deposit the funds collected pursuant to this section in the Department of Food and Agriculture Fund for expenditure as authorized by this division.

Section § 21051.5

Explanation

If you're someone needing a brand inspection for cattle where it's not mandatory, you can still request one. However, you'll need to cover the costs of the inspection, which include time and travel expenses set by the director. Just because you get this inspection doesn't mean you're off the hook for any other inspections or fees required later on under Section 21051.

When brand inspection is not required under Section 21051, any person, upon his request, shall receive brand inspection of cattle. Any such person who requests the inspection shall pay to the director a time and mileage charge established by the director to equal the cost of providing such an inspection.
Nothing in this section shall exempt any person from any other inspection requirements for the same cattle at any later time under Section 21051, nor shall such a person be exempt from any statutory inspection fees provided for by this division.

Section § 21051.6

Explanation

If someone is convicted of stealing cattle under Section 487a of the Penal Code, they must go through a cattle inspection before moving, transporting, or selling any cattle for five years after their conviction.

They also have to pay a fee set by the authorities to cover the inspection costs.

If they don't follow these inspection rules, they can be fined $1,000 for every animal that was supposed to be inspected.

(a)CA Food And Agriculture Code § 21051.6(a) Notwithstanding any other law, for five years following the date of conviction, a person convicted of Section 487a of the Penal Code shall submit to an inspection for any cattle in his or her ownership or care prior to any movement, transportation, or change in ownership.
(b)CA Food And Agriculture Code § 21051.6(b) A person required to submit to an inspection pursuant to this section shall pay to the secretary a fee, as established by the secretary, for the costs incurred, including the cost of time and mileage, in performing the inspection.
(c)CA Food And Agriculture Code § 21051.6(c) A person required to submit to an inspection who violates a provision of this section shall be charged a civil penalty by the secretary of one thousand dollars ($1,000) per animal required to be inspected.

Section § 21052

Explanation

This law makes it illegal for anyone who owns or looks after cattle to move, slaughter, release, sell, or take cattle to a registered feedlot without getting an inspection first, as required by another law (Section 21051). However, if you're just a transport company moving cattle, you don’t need to worry about this requirement since you're not considered as having custody.

It is unlawful for any person who owns or has custody of cattle to move, slaughter, release, sell, or receive at a registered feedlot that cattle without the inspection that is required by Section 21051.
For the purposes of this section, a common carrier which transports cattle does not have custody of the cattle.

Section § 21053

Explanation

This law states that cattle do not need to be inspected before being transported within certain areas or before being sold, as long as they're going directly to specific places in California. These places include registered feedlots, licensed slaughterhouses, and licensed public salesyards or cattle markets. However, any cattle moved without prior inspection must be checked when they arrive at these destinations.

Inspection is not required prior to transportation from a modified point-of-origin inspection area, or prior to movement if being sold, if the cattle are being moved or shipped direct to one of the following destinations:
(a)CA Food And Agriculture Code § 21053(a) A registered feedlot in this state.
(b)CA Food And Agriculture Code § 21053(b) A licensed slaughterhouse in this state.
(c)CA Food And Agriculture Code § 21053(c) A public salesyard or public cattle sales market in this state that is licensed pursuant to Section 21733 or posted by the United States Department of Agriculture under the Packers and Stockyards Act.
All cattle shipped without inspection prior to transportation under this section shall be inspected at the destination point.

Section § 21054

Explanation

If you're moving cattle to or from a fair or livestock exhibit in California, you don't need an inspection, as long as you have a certificate. This certificate must include any brands or marks on the cattle, the names of the sender and receiver, where the cattle are coming from and going to, and proof of ownership according to another law section.

Inspection is not required in cases where cattle are being transported to or from a fair or livestock exhibit within the state’s boundaries if the shipment is accompanied by a certificate of the manager or an official of the fair or exhibit, which shows all of the following:
(a)CA Food And Agriculture Code § 21054(a) Any brands and marks.
(b)CA Food And Agriculture Code § 21054(b) The names of the shipper and consignee.
(c)CA Food And Agriculture Code § 21054(c) The point of origin and destination of the shipment.
(d)CA Food And Agriculture Code § 21054(d) Proof of ownership as defined in Section 16522.

Section § 21055

Explanation

In certain slaughterhouses, licensed slaughterers do not need to inspect animals before slaughter if the chief says it's impossible or impractical. The chief will specify which places this applies to. These slaughterhouses must keep specific records and hold onto the animal hides until they're checked or officially released.

Inspection is not required prior to slaughter by licensed slaughterers at slaughterhouses where the chief determines it is impossible or impractical to have inspection prior to slaughter. The chief shall, from time to time, designate which slaughterhouses are within this category. Slaughterers at such slaughterhouses shall keep the records which are required by Section 22045. They shall also keep the hides of animals which are so slaughtered until the hides are inspected or released.

Section § 21056

Explanation

If you're the one raising an animal and you slaughter it yourself, you don't have to get it inspected first. However, you need to keep the animal's hide and maintain records according to specific sections of the law.

Inspection is not required prior to slaughter of an animal by the producer of the animal pursuant to Section 22002. The hides of such animals shall, however, be retained as provided in Section 21455 and records shall be kept as provided in Section 22008.

Section § 21057

Explanation

This law states that cattle do not need to be inspected before slaughter at a licensed slaughterhouse if they are shipped directly from certain places. These places include a registered feedlot within the state, a public salesyard or cattle market in California that follows specific licensing or federal regulations, or if they come from out-of-state with the correct documents.

Except as provided in Section 21206, inspection is not required prior to slaughter at a licensed slaughterhouse when the cattle are being shipped direct from one of the following:
(a)CA Food And Agriculture Code § 21057(a) A registered feedlot in this state.
(b)CA Food And Agriculture Code § 21057(b) A public salesyard or cattle sales market in this state that is licensed pursuant to Section 21733 or posted by the United States Department of Agriculture under the Packers and Stockyards Act of 1921 (7 U.S.C. Sec. 181 et seq.).
(c)CA Food And Agriculture Code § 21057(c) Out-of-state when accompanied by proper documents.

Section § 21058

Explanation

When cattle are shipped as specified in Section 21057, they must be accompanied by specific paperwork. This can be a bill of sale, a saleyard invoice, a certificate of consignment, or a brand inspection certificate. Each document needs to detail key information like sale date, the number of animals, names and addresses of participants (seller, buyer, transporter), the destination, and sometimes a certificate number or lot number. If the state doesn't require inspections, a bill of sale or health certificate can be used instead.

All cattle shipped pursuant to Section 21057 shall be accompanied by one of the following:
(a)CA Food And Agriculture Code § 21058(a) A bill of sale on an approved form giving the date of sale, the loading point, the name and address of the owner or consignor or both, the destination, the number of animals, the certificate number on which the animals were inspected into the feedlot, the lot number, if any, the name and address of the buyer, the name of the transporter or carrier and the license number of the vehicle used to transport the animals, and the signature of the owner or his or her authorized agent.
(b)CA Food And Agriculture Code § 21058(b) A saleyard invoice meeting the requirements of Sections 21744 and 21745.
(c)CA Food And Agriculture Code § 21058(c) A certificate of consignment on an approved form giving the date of sale, the loading point, the name and address of the owner or consignor or both, the destination, the number of animals, the certificate number on which the animals were inspected into the feedlot, the lot number, if any, the name and address of the buyer, the name of the transporter or carrier and the license number of the vehicle used to transport the animals, and the signature of the owner or his or her authorized agent.
(d)CA Food And Agriculture Code § 21058(d) A brand inspection certificate or, for states with no inspection, a bill of sale or health certificate.

Section § 21059

Explanation

In California, cattle do not need inspection for certain pasture-to-pasture movements. If the cattle are moved within the same modified inspection area, across a boundary that divides a single ranch, within a full inspection area, or if moving a short distance authorized by a permit, inspection isn't needed. Female dairy cattle moving between pastures owned by the same person also qualify, but a proof of ownership is required. However, this rule does not apply to cattle going to a registered feedlot, and it can't override certain other regulations.

Inspection is not required for pasture-to-pasture movement in the following cases:
(a)CA Food And Agriculture Code § 21059(a) When the cattle are moved or transported only between points in the same modified point-of-origin inspection area.
(b)CA Food And Agriculture Code § 21059(b) When the cattle are moved or transported across a modified point-of-origin inspection area boundary which bisects the ranch or property of the owner and shipper of the cattle.
(c)CA Food And Agriculture Code § 21059(c) When cattle are moved or transported only between points within a full point-of-origin area.
(d)CA Food And Agriculture Code § 21059(d) When cattle are moved or transported across a modified point-of-origin inspection area boundary in accordance with regulations adopted by the director which specifically allow the cattle to move under a permit for a distance not to exceed 40 miles from loading point to destination. The director may establish a fee for the permit for a 12-month period. The permit fee shall not exceed two hundred dollars ($200).
(e)CA Food And Agriculture Code § 21059(e) When female cattle of the dairy breeds are moved or transported from one grazing or pasture area to another grazing or pasture area and the areas are owned or controlled by the same person. However, this movement shall be accompanied by a certificate of ownership or other proof of ownership document.
The provisions of subdivision (i) of Section 21051 shall take precedence over this section.
This section does not apply to cattle entering a registered feedlot.

Section § 21060

Explanation

You don't need to inspect dairy calves being moved around if they meet certain conditions. These conditions are: the calves must be born on a dairy farm, come from dairy breed cows, still have their umbilical cord attached, and not be transported out of state, to a slaughterhouse, or to certain cattle sale markets. However, inspectors or officers can still check the calves if needed based on other legal rules.

Inspection is not required in cases where the cattle being moved or transported are dairy calves, and such calves meet all of the following classifications:
(a)CA Food And Agriculture Code § 21060(a) The calves were born on a dairy farm as defined in Section 32505.
(b)CA Food And Agriculture Code § 21060(b) The calves were born to cows of a recognized dairy breed.
(c)CA Food And Agriculture Code § 21060(c) The umbilical cord is still a part of, and attached to, the navel of the calf.
(d)CA Food And Agriculture Code § 21060(d) The calves will not be moved or transported:
(1)CA Food And Agriculture Code § 21060(d)(1) Out of the state.
(2)CA Food And Agriculture Code § 21060(d)(2) To a licensed slaughterhouse in this state.
(3)CA Food And Agriculture Code § 21060(d)(3) To a public saleyard or public cattle sale market in this state that is licensed pursuant to Section 21733 or posted by the United States Department of Agriculture under the Packers and Stockyards Act of 1921 (7 U.S.C. 201 et seq.).
Nothing in this section shall prohibit any inspector or peace officer from inspecting any calves when such inspection is necessary in accordance with the provisions of Sections 20432, 20435, 20436, and 20438.

Section § 21060.4

Explanation

This law explains when cattle sales or transfers don’t require an inspection. Specifically, no inspection is needed if the main owner stays the same, the cattle aren’t leaving certain areas, and the cattle have a registered brand or dairy number. However, all owners must certify ownership with the department within 30 days under penalty of perjury, using a specific form. The department can charge a fee for processing the form but not more than $50. Owners may choose to have their cattle inspected if they wish, and violations of these rules are subject to penalties found in another section.

(a)CA Food And Agriculture Code § 21060.4(a) Inspection is not required in cases where cattle are sold or ownership is transferred under all of the following circumstances:
(1)CA Food And Agriculture Code § 21060.4(a)(1) The individual or entity with a controlling interest in the cattle remains unchanged.
(2)CA Food And Agriculture Code § 21060.4(a)(2) The cattle will not be moved out of state or out of a modified point-of-origin inspection area.
(3)CA Food And Agriculture Code § 21060.4(a)(3) The cattle are associated with either a registered brand or dairy exemption number.
(b)CA Food And Agriculture Code § 21060.4(b) All persons who have ownership in the cattle, including both the transferor and the transferee, shall, within 30 days of ownership transfer, self-certify, under penalty of perjury, to the department as to their ownership in the cattle on a form prescribed by the department.
(c)CA Food And Agriculture Code § 21060.4(c) The department may charge a fee to cover the reasonable costs of processing the form identified in subdivision (b), but the fee shall not exceed fifty dollars ($50) or the department’s actual costs of conducting these activities.
(d)CA Food And Agriculture Code § 21060.4(d) An owner of cattle that is otherwise exempt from inspection pursuant to this section may elect to have that cattle inspected pursuant to Section 21051.
(e)CA Food And Agriculture Code § 21060.4(e) A violation of this section shall be subject to the penalties described in Section 21051.3.

Section § 21060.5

Explanation

This law states that if calves are not exempt from an inspection under a specific section, then they must be checked following the rules in two other sections.

Any calves not exempt from inspection pursuant to Section 21060, shall be inspected in accordance with the provisions of Sections 21051 and 21052.

Section § 21060.7

Explanation

You can't move or transport calves that are exempt from inspection under a specific rule without having a bill of sale or consignment document. This document must be with the calves during transport and kept by the person receiving them for at least a year. You must show it to any inspector or police officer if they ask for it.

It is unlawful for any person to move or transport any calves exempt from inspection pursuant to Section 21060 without preparing the bill of sale or consignment that is required by Sections 21702 and 21703. Such bill of sale or consignment shall accompany the calves and be retained by the receiver of the calves for at least one year, and such documents shall be presented to any inspector or peace officer upon demand.

Section § 21061

Explanation

The director has the authority to set rules for inspecting cattle and hides at slaughterhouses. These rules can establish a regular schedule for inspections and also allow for extra inspections if needed. If a slaughterhouse requests additional inspections beyond the basic schedule, they must pay for it themselves, and this cost cannot be passed on to the person who sent or sold the livestock. The fees for these extra services will be determined by regulations.

The director may make regulations which govern the brand inspection of cattle and hides at slaughterhouses. The regulations may provide for an inspection schedule at each slaughterhouse and include provision for inspection in addition to the basic inspection schedule. Additional inspection services shall be provided on a reimbursement basis at the expense of the slaughterer requesting the additional service and shall not be an added charge to the consignor or seller of the livestock. The fees for the additional service shall be established by regulation.

Section § 21062

Explanation

If you're shipping cattle to a feedlot, slaughterhouse, salesyard, or market in California, you need to include a bill of sale or consignment certificate. You must show this original document to an inspector when the cattle arrive for inspection.

All cattle shipped to a registered feedlot, licensed slaughterhouse, or licensed or posted livestock salesyard or market in this state for inspection at destination pursuant to this chapter shall be accompanied by a bill of sale, or certificate of consignment. The original document shall be presented to the inspector prior to the inspection of the cattle.

Section § 21064

Explanation

This law requires registered feedlots, licensed slaughterhouses, or salesyards to keep a copy of a specific document on file for one year after a transaction is completed.

A copy of the document required by Section 21062 shall be kept on file in the office of the registered feedlot, licensed slaughterhouse, or salesyard or market for a period of one year after the transaction.

Section § 21066

Explanation

If you're moving cattle within California for grazing or feeding and the ownership doesn't change, you need a certificate called a certificate of consignment. This document must include details outlined in a different section of the law, Section 21703.

Except as otherwise provided in subdivisions (b) and (h) of Section 21051, all cattle transported within the state for pasture or feeding purposes with no change in ownership shall be accompanied by a certificate of consignment which contains the information specified in Section 21703.

Section § 21067

Explanation

This law allows for cattle to be transported out of California without a brand inspection if they are being moved for pasture purposes, stay within 50 miles, and there's no change in ownership. An annual permit is required for this, which can cost up to $100 to cover issuing and renewing fees. The chief has the authority to revoke the permit and require a brand inspection to enforce the law if needed.

(a)CA Food And Agriculture Code § 21067(a) The chief may issue an annual permit to allow cattle to be transported out of this state without the brand inspection required pursuant to this article under all of the following conditions:
(1)CA Food And Agriculture Code § 21067(a)(1) The cattle are moved for pasture purposes.
(2)CA Food And Agriculture Code § 21067(a)(2) The cattle are moved a distance of not more than 50 miles from the point of origin to the point of destination.
(3)CA Food And Agriculture Code § 21067(a)(3) There is no change of ownership of the cattle.
(b)CA Food And Agriculture Code § 21067(b) The department may charge a fee to cover its costs in issuing and renewing the annual permit. The fee may not exceed one hundred dollars ($100).
(c)CA Food And Agriculture Code § 21067(c) The chief may, at any time, revoke a permit and require a brand inspection if he or she determines that this action is necessary to enforce this division.

Section § 21068

Explanation

This law allows the secretary to issue a special permit for transporting cattle out-of-state for immediate slaughter without the normal brand inspection. This is only possible if the cattle have been inspected in a registered feedlot, go directly to a licensed slaughterhouse, and are accompanied by the permit. The secretary can charge a fee up to $100 for the permit and can revoke it to require a brand inspection if necessary.

(a)CA Food And Agriculture Code § 21068(a) The secretary may issue a special permit to allow cattle to be transported out-of-state directly for immediate slaughter only, without the brand inspection required pursuant to this article, if all of the following conditions exist:
(1)CA Food And Agriculture Code § 21068(a)(1) The cattle were inspected previously in a registered feedlot.
(2)CA Food And Agriculture Code § 21068(a)(2) The cattle are transported to a licensed slaughterer.
(3)CA Food And Agriculture Code § 21068(a)(3) The cattle are accompanied by a permit document issued by the secretary.
(b)CA Food And Agriculture Code § 21068(b) The secretary may charge a fee to cover the costs of issuing or renewing an annual permit. The fee may not exceed one hundred dollars ($100).
(c)CA Food And Agriculture Code § 21068(c) The secretary may, at any time, revoke the permit and require a brand inspection if the secretary determines that this action is necessary to enforce this division.

Section § 21069

Explanation

This law allows cattle to be transported from California to a bordering state without a brand inspection if certain conditions are met. The conditions include an agreement with the neighboring state, the transportation distance being within 50 miles, the cattle being sent to a public stockyard, and the cattle having a permit issued by the director.

The director can charge a fee, up to $100, for issuing or renewing the permit. Additionally, the director has the authority to revoke the permit and require a brand inspection if deemed necessary for enforcement purposes.

(a)CA Food And Agriculture Code § 21069(a) The director may issue an annual release permit to allow cattle to be transported into another state without brand inspection if all of the following conditions exist:
(1)CA Food And Agriculture Code § 21069(a)(1) The state of destination is contiguous to California and it has entered into an inspection agreement with California.
(2)CA Food And Agriculture Code § 21069(a)(2) The shipping point is not more than 50 miles from the destination.
(3)CA Food And Agriculture Code § 21069(a)(3) The cattle are transported to a public posted stockyard or saleyard.
(4)CA Food And Agriculture Code § 21069(a)(4) The cattle are accompanied by a permit document issued by the director.
(b)CA Food And Agriculture Code § 21069(b) The director may charge a fee to cover the cost of issuing or renewing the permit in an amount not to exceed one hundred dollars ($100).
(c)CA Food And Agriculture Code § 21069(c) The director may, at any time, revoke the permit and require brand inspection if the director determines that this action is necessary to carry out the enforcement of this chapter.

Section § 21070

Explanation

This law allows cattle to be taken out of California for exhibitions without needing an inspection each time, as long as certain conditions are met. Cattle must be inspected before getting the permit, only used for exhibitions, not change owners, return to their original state, and have ID. The department can charge a fee up to $10 per animal for the permit. California also recognizes similar permits from other states for cattle returning home without inspections. The secretary can cancel a permit if needed to enforce the rules.

(a)CA Food And Agriculture Code § 21070(a) The secretary may issue an annual exhibition permit to allow cattle to be transported out of the state during the permit year without the inspection required pursuant to this article, if all of the following conditions are met:
(1)CA Food And Agriculture Code § 21070(a)(1) The cattle are inspected before issuance of the permit.
(2)CA Food And Agriculture Code § 21070(a)(2) The cattle are only moved for exhibition purposes.
(3)CA Food And Agriculture Code § 21070(a)(3) There is no change in ownership of the cattle.
(4)CA Food And Agriculture Code § 21070(a)(4) The cattle return to the state of origin.
(5)CA Food And Agriculture Code § 21070(a)(5) The cattle have an official form of identification.
(b)CA Food And Agriculture Code § 21070(b) The department may charge a fee to cover its costs in issuing and renewing the annual exhibition permit. The fee shall not exceed ten dollars ($10) per head.
(c)CA Food And Agriculture Code § 21070(c) The department shall accept the exhibition permits of other states and allow cattle to return to their state of origin under those permits without an inspection.
(d)CA Food And Agriculture Code § 21070(d) The secretary may, at any time, revoke an exhibition permit if the chief determines that this action is necessary to enforce this division.