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90 California Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagca0090 and id is 1 raw text is: ATTORNEY GENERAL'S OPINIONS

Opinion No. 06-109-January 5, 2007
Requested by: MEMBER OF THE STATE ASSEMBLY
Opinion by: BILL LOCKYER, Attorney General
SUSAN DUNCAN LEE, Deputy Attorney General
THE HONORABLE TODD SPITZER, MEMBER OF THE STATE
ASSEMBLY, has requested an opinion on the following questions:
1. May the Fish and Game Commission or the Department of Fish and
Game prohibit a person employed by the association of a common interest
development from using air powered pellet projectiles to kill cottontail
rabbits that are materially harming landscaping, ornamental plants, or
gardens on the property of the association?
2. May a person employed by the association of a common interest
development use air powered pellet projectiles to kill cottontail rabbits
between one-half hour after sunset and one-half hour before sunrise, and
within 150 yards of an occupied residence without the owner's permission,
if the rabbits are materially harming landscaping, ornamental plants, or
gardens on the property of the association?
CONCLUSIONS
1. Neither the Fish and Game Commission nor the Department of Fish
and Game may prohibit a person employed by the association of a common
interest development from using air powered pellet projectiles to kill
cottontail rabbits that are materially harming landscaping, ornamental
plants, or gardens on the property of the association.
2. A person employed by the association of a common interest develop-
ment may use air powered pellet projectiles to kill cottontail rabbits between
one-half hour after sunset and one-half hour before sunrise, and within 150
yards of an occupied residence without the owner's permission, if the rabbits
are materially harming landscaping, ornamental plants, or gardens on the
property of the association, and such use is in conformity with applicable
local ordinances.
ANALYSIS
We are informed that a common interest development located in Southern
California has expansive outdoor common areas landscaped both for

January 2007

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