Kern County Animal Services Notification of Intent to Seize Animal

Our journey has been on pause in Kern County, California, as we rest, repair gear, and wait for shipped orders. As we wait, the Mules have been invited guests on private property of a long-time friend. On November 24, 2025, something unexpected happened that reminded us how fragile the right to live freely can be.

The Visit from Animal Control
While I was on the driveway sorting through my pack gear, a Kern County Animal Control vehicle pulled up. Officer B. Tipton, Badge #46, approached and asked if the horse belonged to me. I said yes. He explained that neighbors had called, concerned the mule had no shelter.

Temperature on November 24, 2025 at the Mules current location.

I was surprised. Rosie doesn’t need shelter—she’s fine. The officer insisted that Kern County law requires horses to have shelter from the elements. I’m thinking, we’re in clear sunny Bakersfield with mild temperatures. Rosie has grown her thick winter coat. I sleep outside in the same weather temperature as Rosie and I don’t have a fur coat.

Officer Tipton in his Kern County Animal Control vehicle writing citations to impound Rosie.

Officer B. Tipton, Badge #45 went back to his truck to write a citation. He exited his truck, walked onto the private property to post the citation on the front door, and told me I had two days to provide shelter for my mule Rosie or she would be impounded.

The Notification
After he left, I took a photo of the yellow piece of paper from Kern County Animal Services.

NOTIFICATION OF INTENT TO SEIZE ANIMALActivity #25-110122 Date 11/24/25 Time: 12:28pm
Pursuant to Penal Code sections 597.1(a), 597.1(b), and 597.1(f), Kern County Animal Services intends to seize the animal(s) as described below on 11/26/25.

Animal(s) (Description including special markings, collar, forms of identification, license, microship, ID): Brown mule

This animal will be seized because:
PC 597(b) and KC Ord 7.08.110(F)

Officer Tipton, Badge #46

The owner, person authorized to keep the animal, or agent must contact Kern County Animal Services within 2 business days of the notice date or all animals on the property will be seized.

The cost for care and treatment of the animal seized are the responsibility of the owner. No animal will be returned until all charges are paid. Failure to request or attend a scheduled hearing on all animals seized shall result in the liability for all charges and may result in the relinquishment of ownership.

He also posted a yellow paper titled NOTICE TO COMPLY paper that was checked “INADEQUATE/NO SHELTER” with written remarks.

“Mule is required to have shelter and failure to provide shelter will result in impound of the animal and criminal charges.” A reinspection will be made on 11/26/25. Failure to correct may result in legal action and/or your animal may be impounded. Please contact us if you have any questions. Officer Tipton, Badge #46.

Since the Mules had only two days to respond to the NOTIFICATION OF INTENT TO SEIZE ANIMAL, the Mules had to respond. The property, owner, savvy with the law, researched the matter and sent emails to Kern County Animal Services and the Kern County Board of Supervisors.

On Tuesday, November 26, 2025, the Mules walked 3.5 miles (~2 hours) to Kern County Animal Services to deliver our response to their charge to Nick Cullen, the Director of Kern County Animal Services. We called in advance to notify them that we were going there. After waiting for about 15 minutes, Director Cullen finally came out and said that our issue had been abated and that our mule would not be seized. We requested this in writing and he gave us a document stating “Compliance Verified; Situation Abated.”

He pointed out on the document the Memo section on what the person was complaining about: “BARKING DOG/COMPLAINT FORM…REASON FOR COMPLAINT – MULE ABUSE/NEGLECT” and said it was in the “animal care ordinances.” As well, he provided the additional pages below on Animal Services Requirements with 7.08.110 F highlighted “All persons shall provide proper shelter and protection from the weather for all animals at all times.”

Kern County Animal Services Activity Card/Complaint

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Kern County Animal Services Activity Card/Complaint

We said that it doesn’t apply to us since the ordinance applies to an animal that is sick or in extreme weather conditions. We also told him that before a complaint is acted upon, it should be investigated, and there was no investigation.

Director Cullen said, “To be honest with you, if you read that law, it’s vague. And, if you provide (shelter, they’ll still stand outside). We did abate it and you got proof of that.”

We then left Kern County Animal Services shortly after 4pm, and walked two hours back to where we are staying. Attending to this situation took up three days time and mental stress for myself and my host family. The Monk lost three days needed to work on our gear.

Challenging the ILLEGAL Citation

We had one day to contest and research the law as the threat to seize Rosie was in two days. [Note: The Mules thank Lori for her work in helping with the research, writing the letter in support of us, and accompanying the Mules in the visit to Kern County Animal Services.]

California Penal Code 597(b) is the primary statute used by law enforcement, including Kern County Animal Services, to address animal neglect and general cruelty. This section of the law makes it a crime to deprive an animal of necessary sustenance, drink, or shelter, or subject it to needless suffering. Horses must be provided with “necessary…shelter or protection from the weather”.

Kern County Ordinance 7.08.110(F) states: All persons shall provide proper shelter and protection from the weather for all animals at all times. This includes, but is not limited to, shade to protect animals from the direct rays of the sun and prevent overheating with care given to proportion of animal and positioning to provide maximum protection; flooring or platforms raised off the ground, of suitable size to accommodate the animal and allow for retention of body heat. When animals are housed outdoors when the mean temperature is forty-five (45) degrees Fahrenheit or below or is eighty (80) degrees Fahrenheit or above, animals shall be so acclimated.

“A Guide: Minimum Standards of Horse Care in the State of California (February 2023) by the University of California, Davis – School of Veterinary Medicine – Center for Equine Health (link), Shelter (pages 27-31):
Shelter in the form of a structure should be available for horses in cases of prolonged extreme weather conditions (below freezing temperatures, excessively high temperatures and/or humidity, high winds, excessive rainfall), regardless of the horses’ age, breed or body condition. However, any horse that shows physical deterioration, loss of body condition or weight, or failure to adapt to the weather conditions (weight loss, lethargy, anorexia, wasting) must be provided with shelter adequate to stabilize their body condition without severe loss of weight, injury or illness.

Shelter requirements apply to confined animals or those exposed to extreme weather. Rosie wasn’t confined, nor was she suffering from freezing temperatures, high heat, or dangerous winds. She is healthy, grazing daily, with natural windbreaks and shade from a mature tree. When Officer Tipton wrote us up for abuse and neglect, the temperature was 67F, and Rosie had access to water next to her.

What “In Transit” Means
Being “in transit” means traveling from one place to another. For the 3 Mules, this is a way of life. Rosie, my other mules, and myself have lived outside every day for over 30 years, cared for and acclimated to California’s varied conditions. For Kern County to have Ordinance 7.08.110(F) “All persons shall provide proper shelter and protection from the weather for all animals at all times” is RIDICULOUS!!! The Mules are outside all day every day walking. How does one walk and move with an animal with a shelter over us at all times?

Discrepancy in Kern County case report
The Activity Card /Abatement that Director Cullen handed back to me has an offense shown different than what he handed me the previous day. On the Activity Card dated 11/25, it states “A25-120704-2 OWNER/RESTRAINT – MULE TIED ON SHORT RESTRAINT TO FENCE.” No where on this Activity Card talks about shelter PC 597(b) or Kern County Ordinance 7.08.110(F). I took video while Tipton was in his truck writing up the Seize Order that shows Rosie on a 20 foot rope with plenty of room to safely move about and with a bucket of water. Rosie was tied to the fence because I was on the driveway in the process of packing her up with the gear that I have been repairing to bring her on a test walk with the gear on.

The Bigger Picture
This wasn’t the first time we’ve received notices or threats. Each time, the matter has been resolved with explanation and evidence. The complaint that Kern County Animal Services received from a “concerned citizen” was of “Mule Abuse/Neglect.” Rosie shows no signs of distress, weight loss, or illness. In fact, the officer himself acknowledged that Rosie is in great shape.

So if Rosie “is in great shape” why didn’t the officer move on and go away, instead of issuing a notice to SEIZE THE ANIMAL. He should have just looked the situation over and left. Instead, Kern County Animal Control Officer Tipton was asserting his power to harass me and illegally seize my mule.

The issue highlights a growing tension: more laws are being created that restrict the right to move freely in the way we choose. For us, living outside with the mules isn’t neglect—it’s a centuries-old way of life.

Conclusion
The Mules remains happy, healthy, and in transit—just as we have been for decades. The citation was abated, but the encounter is a reminder of how important it is for all citizens, living in the United States of America, to defend the freedom to live simply, peacefully, and legally on the open road.

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