Chapter 6.08
ADMINISTRATION AND ENFORCEMENT
Sections:
6.08.010 Director – Position created.
6.08.020 Authority and immunities.
6.08.030 Duties of director and animal control officials.
6.08.060 Unlawful obstruction.
6.08.010 Director – Position created.
The position of animal control director (“director”) shall be created and shall be under the direction of the police chief or a designee. The director is authorized and directed to perform, in conjunction with and under the supervision of the police chief or designee, the powers and duties set forth in this title. Nothing in this title shall prevent the city from undertaking any or all of the duties of the animal shelter and or any animal control services as defined herein. (Ord. 07-72 § 4).
6.08.020 Authority and immunities.
A. The director and animal control officers shall enforce state and local laws relating to the licensing of dogs and the care, ownership, treatment and impounding of animals and shall have immunity from liability for acts performed in good faith in the course of such duties.
B. The director and animal control officers shall have authority to issue citations for violations of animal control laws. Violators of animal control laws shall be given the opportunity to be released on citation, rather than be taken into custody; however, any person who (1) fails to present his/her driver’s license or other satisfactory evidence of his/her identity or (2) refuses to sign a citation shall be taken into custody by police officers and not by the director or animal control officers who are not police officers.
C. In the performance of their duties, the director and animal control officers who are not police officers shall have the power, authority and immunity of a public officer and employee as set forth in Penal Code Section 836.5 or its successor provisions to make arrests without warrant whenever they have reasonable cause to believe that the person to be arrested has committed a public offense in their presence which is a violation of this title, or of any ordinance of the city or penal law of this state relating to the care, ownership, licensing, treatment and impounding of animals. Animal control officers who have not received the Penal Code Section 832 training on arrests shall not have the power to make arrests.
D. The term “arrest” as used in this section shall mean the power to detain violators for a time sufficient to complete the processing of a citation and release pursuant to Section 853.5 and 853.6 of the Penal Code or its successor provisions, but shall not be construed as authority to take any such violators into custody.
E. The director, subject to the approval of the police chief, may promulgate any necessary rules and regulations for the administration of the provisions of this title.
F. Nothing in this chapter shall be construed as limiting the authority of the director or any animal control officer granted or imposed by any other applicable law or regulation. (Ord. 07-72 § 4).
6.08.030 Duties of director and animal control officials.
The director and animal control officers shall be empowered and shall have the duty to follow the provisions of this title and all state laws pertaining to the care, licensing, treatment and impounding of animals maintained in the city. (Ord. 07-72 § 4).
6.08.040 Inspections.
A. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this title, or whenever the director or an animal control officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this title or other applicable law, said official is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon an animal control officer by this title or other applicable law, provided that:
1. If such property is occupied, the animal control officer shall first present proper credentials to the occupants and request entry, explaining the reasons therefor. If such entry is refused, the animal control officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant.
2. If such property is unoccupied, the animal control officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefor. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the animal control officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant.
B. Notwithstanding the foregoing, if the animal control officer has probable cause to believe that the keeping or maintaining of any animal is so dangerous as to require immediate inspection to safeguard the life or safety of the animal, other animals, or the public, he/she shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, the animal control officer shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and purpose of the inspection. (Ord. 07-72 § 4).
6.08.050 Recordkeeping.
In conformance with the open government ordinance, the Public Records Act and the city’s records retention resolution, all records of the department are the records of the police department and shall be maintained by the police department and shall not be removed therefrom except upon written order from the police chief or other duly constituted authority. (Ord. 07-72 § 4).
6.08.060 Unlawful obstruction.
It is unlawful for any person to willfully resist, hinder, molest, delay or obstruct any person authorized to enforce this title, while such person is engaged in the performance of his or her duties. (Ord. 07-72 § 4).