Chapter 7.08
ADMINISTRATION AND ENFORCEMENT

Sections:

7.08.020    Director and animal control officers – Powers and duties.

7.08.040    Refusal to present animal for inspection prohibited – Inspection – Authority – Procedure.

7.08.060    Violations – Penalty.

7.08.020 Director and animal control officers – Powers and duties.

A. The director and animal control officers shall have the following power and authority, in addition to any other power or authority conferred upon them by any other law, rule, or regulation:

1. To enforce all of the provisions of this title of the municipal code and any state laws authorizing such enforcement and/or relating to the care, control, treatment, impounding and destruction of animals;

2. To issue citations and arrest any person who violates any provisions of this title in the manner provided in the municipal code and the Penal Code of the state of California;

3. To seize and impound any animal when authorized to do so by the municipal code or by the laws of this state relating to the care, control and treatment of animals;

4. To act as public officer pursuant to the Food and Agriculture Code of the state of California.

B. The animal control officer shall investigate any reported incident regarding a potentially dangerous or vicious dog or dangerous animal. If the animal control officer determines that the animal is dangerous or that the dog should be deemed potentially dangerous or vicious, the animal control officer may seize and impound the animal or dog to protect the health, safety, and general welfare of the public. In addition, the animal control officer shall compose a written report to be submitted to the police supervisor on duty at that time. The report shall set forth the facts and reasons why the animal should be deemed dangerous or the dog should be deemed potentially dangerous or vicious.

C. The director may formulate rules and regulations in conformity with and for the purpose of carrying out the intent of this title. (Ord. 788 § 1(part), 2006).

7.08.040 Refusal to present animal for inspection prohibited – Inspection – Authority – Procedure.

A. No person shall fail or refuse to comply with any lawful order of an animal control officer under this title to present an animal for inspection.

B. The director and/or an animal control officer shall have the power to enter upon and inspect any premises where any animal is kept or harbored when such entry is necessary to enforce the provisions of this title.

C. Such entry and inspection shall be made only after the occupant of the premises has been given written notice of the inspection by the director and/or an animal control officer. If the land is unoccupied, the director and/or animal control officer shall make a reasonable effort to locate the owner or other person having control of the property before making entry. A search warrant shall be obtained whenever required by law.

D. Notwithstanding the foregoing, if the director and/or an animal control officer has reasonable cause to believe the keeping or maintaining of any animal is so hazardous as to require an immediate inspection to save the animal or protect public health or safety, he or she shall have the power to immediately enter and inspect the property. If the property is occupied, the director and/or an animal control officer shall first attempt to notify the occupant and demand entry. Failure or refusal to permit such an inspection constitutes an infraction. (Ord. 788 § 1(part), 2006).

7.08.060 Violations – Penalty.

A. Unless otherwise stated, violations of any of the provisions of Chapters 7.04 through 7.28 of this title constitute an infraction. Unless otherwise stated, the punishment upon conviction shall be a fine not exceeding the maximum amount allowed by law.

B. For the purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged. (Ord. 788 § 1(part), 2006).