Chapter 8.04
ENFORCEMENT
Sections:
8.04.030 Authority to use tranquilizer equipment and firearms.
8.04.040 Authority to arrest and issue notices to appear.
8.04.050 Violations and penalties.
8.04.010 Generally.
The animal services manager and such authorized officers are empowered, and it shall be their duty, to enforce the provisions of this title.
To the extent authorized by law, an animal services officer may enter, at reasonable times, upon and inspect any premises where any animal is kept or harbored when such entry is necessary to enforce the provisions of this title. [Ord. 8-2009 § 1; Ord. 4-2007 § 2].
8.04.020 Authority to pursue.
In the performance of his or her duties, an animal services officer shall have the authority, when in pursuit of an animal which is in violation of a provision of this title, to go upon the property of the owner or a third person for the purpose of impounding the animal; provided, that in the course of such pursuit he or she shall exercise reasonable care to avoid causing damage to the property and shall comply with RCMC 8.08.040. [Ord. 4-2007 § 2].
8.04.030 Authority to use tranquilizer equipment and firearms.
In the performance of his or her duties, an animal services officer shall have the authority to employ the use of tranquilizer equipment and all other animal control devices commonly used by other animal control agencies located within the state of California. Animal services officers shall have the authority to carry a firearm upon written approval by the animal services manager. Animal services officers shall have the authority, when specifically authorized by the animal services manager or his or her designee, to use a firearm on a nondomestic sick or injured animal (any animal not falling under the definition of “domestic animal” in RCMC 8.01.015), and if necessary to destroy a nondomestic animal in a humane manner by such use, when a clear and present danger to public safety exists because of the animal and all reasonable means of capture have failed to prevent such danger. Animal services officers shall successfully complete firearm training as prescribed by Penal Code Section 832 prior to carrying and/or using a firearm and shall adhere to the animal services weapons policy, to be established by the animal services manager, at all times.
For the purposes of this section, the destruction of an animal under this section shall not be considered a violation of RCMC 8.07.070. [Ord. 20-2014 § 3; Ord. 4-2007 § 2].
8.04.040 Authority to arrest and issue notices to appear.
Pursuant to the provisions of Section 836.5 of the California Penal Code, the animal services manager and such authorized officers 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. 8-2009 § 1; Ord. 4-2007 § 2].
8.04.050 Violations and penalties.
The maintenance of any animal in violation of any provision of this title or any order of a hearing officer issued pursuant to this title may be charged as a misdemeanor, in addition to other remedies provided for in this title. The maintenance of any animal in violation of any provision of this title or any order of a hearing officer issued pursuant to this title constitutes a public nuisance and therefore shall be subject to such criminal, administrative, and/or civil penalties as provided in RCMC 1.01.190 and 16.18.205(A), (F), (G), and (H). Failure to obey a final administrative citation, or notice and order, issued under this title shall be a misdemeanor, as set forth in RCMC 1.01.190(K). [Ord. 43-2013 § 5; Ord. 4-2007 § 2].