Chapter 6.04
GENERAL PROVISIONS
Sections:
6.04.010 Stanislaus animal services agency is created.
6.04.015 Stanislaus animal services executive director.
6.04.016 Animal services executive director – Supervision authority.
6.04.017 Animal services executive director – Duties.
6.04.020 Animal shelter maintained.
6.04.030 Establishment of regulations.
6.04.050 Authority to pursue animal.
6.04.060 Authority to arrest and issue notices to appear.
6.04.070 Equipment to impound authorized.
6.04.010 Stanislaus animal services agency is created.
Stanislaus County and its city member partners Hughson, Modesto, Patterson, Ceres, and Waterford created a joint powers agency known as Stanislaus animal services agency (SASA). SASA was formed to jointly operate and manage an animal shelter for the partners’ and their respective residents’ mutual benefit and to provide animal services needed or requested by each partner, pursuant to the joint powers agreement dated October 27, 2009. On behalf of the city, SASA is specifically authorized and charged with the enforcement and administration of this title and the laws dealing with animals. SASA is appointed to be the department of animal services for the city. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.04.011 Expenses.
Whenever, pursuant to this title and the contract entered into between the city and Stanislaus County, the city incurs costs due to violation of this title by any owner, the costs shall be a charge against the owner, and the city may recover such costs by any legal process. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.04.015 Stanislaus animal services executive director.
The animal services executive director (sometimes referred to as “director”) is employed as the chief administrative officer of SASA. The director’s position is created in the unclassified service of the county; and who shall be appointed by resolution of the board of SASA. The animal services executive director shall hold office at the pleasure of the board of SASA. As a county employee, the salary of the animal services executive director and the staffing levels of SASA shall be as determined by resolution of the board of SASA. For purposes of this title, any reference to animal services executive director shall include his or her authorized staff, unless otherwise noted. (Ord. 13-04(A) § 1, 2013)
6.04.016 Animal services executive director – Supervision authority.
The SASA staff shall be county employees for all intents and purposes. These SASA staff shall be under the supervision of the animal services executive director, that is, the director himself or herself. (Ord. 13-04(A) § 1, 2013)
6.04.017 Animal services executive director – Duties.
The animal services executive director is primarily responsible for the enforcement and administration of this title. In conjunction with the duties set forth by the board of SASA, his/her duties shall include but not be limited to the following:
A. To administer the animal shelter and keep such records as may be required by law and the board of SASA;
B. To take up and impound animals when authorized by this title;
C. To remove and dispose of the carcass of any animal found on any public highway, street, alley, or any other public place in the city or unincorporated area of the county;
D. To quarantine animals and to cooperate with the county health officer;
E. To administer licensing programs as delegated by the licensing authority; and
F. To provide opportunities for owners to find lost animals and for those who find lost animals to return them. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989. Formerly 6.16.010)
6.04.020 Animal shelter maintained.
On behalf of the city as a member partner, SASA shall maintain a suitable animal shelter for impounding animals. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989
6.04.030 Establishment of regulations.
The board of supervisors acknowledges that SASA and its board may establish by resolution regulations for the administration and implementation of this title. SASA regulations, when adopted, shall become and thereafter be a part of this title. A copy of the regulations established by resolution of the board of SASA shall be filed with the clerk of the board of SASA and with the clerk of the board of supervisors and be available for inspection at the animal shelter and shall be available at City Hall. (Ord. 13-04(A) § 1, 2013; Ord. 05-23 § 1, 2005; Ord. 89-04 § 2, 1989)
6.04.040 Enforcement.
The animal services executive director and animal services authorized staff and the county health officer and his or her deputies are empowered, and it shall be their duty, to enforce the provisions of this title. Any person whose duty it is to enforce the provisions of this title may at any reasonable time enter upon private property for such purpose. It is unlawful for any person to interfere with, oppose, or resist any authorized person enforcing this title. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.04.050 Authority to pursue animal.
Any person charged with the duty to enforce this title who is in pursuit of an animal shall have the authority to go upon the property of the owner or other person, in order to impound such animal; provided, however, he shall not enter a dwelling without a search warrant and he shall exercise reasonable care to avoid causing damage to the property. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.04.060 Authority to arrest and issue notices to appear.
Pursuant to the provisions of California Penal Code Section 836.5, the animal services executive director, the health officer and his or her deputies, and a duly appointed state humane officer, law enforcement officers, and animal services authorized staff as defined in HMC 6.08.170, are authorized to arrest without a warrant and issue a written notice to appear whenever any such person has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence, which is a violation of this title or a violation of any other ordinance or statute, which he or she has the duty to enforce. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.04.070 Equipment to impound authorized.
Any person charged with the duty to enforce this title may use any humane equipment or device necessary to take up and impound an animal. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.04.080 Firearms authorized.
The animal services executive director and staff that he or she may specifically designate in writing are authorized to carry weapons when acting in the course and scope of their employment pursuant to Section 26025 of the Penal Code. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)