Chapter 6.24 ENFORCEMENT AUTHORITY AND ALTERNATIVES

Chapter 6.24
ENFORCEMENT AUTHORITY AND ALTERNATIVES

Sections:

6.24.010 Director of Animal Services—Arrest powers.

6.24.020 Director of Animal Services—Animal capture or dispatch powers.

6.24.030 Director of Animal Services—Investigation and inspection authority.

6.24.040 Badges for Director of Animal Services and deputies.

6.24.050 Interference with Director of Animal Services prohibited.

6.24.060 Enforcement alternatives.

6.24.070 Administrative citations.

6.24.080 Violation—Nonadministrative penalties.

6.24.090 Severability.

6.24.010 Director of Animal Services—Arrest powers.

Pursuant to the provisions of California Penal Code Section 830.9, the Director of Animal Services is authorized to arrest a person without a warrant whenever they have reasonable cause to believe that the person has committed a misdemeanor in their presence which is a violation of this title or State law relative to animal control and care. Upon making such an arrest, the Director shall release the person arrested pursuant to Penal Code Section 853.6, the provisions of which are adopted by reference as part of this section. The Director is further authorized to issue citations for any violation of this title or State law relative to animal control and care. [Ord. 5388 § 11, 2022].

6.24.020 Director of Animal Services—Animal capture or dispatch powers.

The Director of Animal Services is expressly authorized, when acting in the course and scope of their official duties, to capture or, if no other reasonably effective means of control is available, to humanely euthanize any animal found at large and annoying, harassing, chasing, or threatening to inflict or inflicting injury of any kind on a person, any wild game mammals as defined in California Fish and Game Code Section 3950, or any domestic livestock, including cows, sheep, horses, and chickens. [Ord. 5388 § 11, 2022].

6.24.030 Director of Animal Services—Investigation and inspection authority.

The Director of Animal Services is empowered to investigate, inspect, and take necessary actions to:

(A) Stop all practices that cause animal torment or torture, or practices of cruelty on any animal, as such terms are defined in California Penal Code Section 599b;

(B) Ensure that pet shops and kennels are meeting minimum standards for animal housing and care and operations are properly licensed; and

Subject to the approval of the Board of Supervisors, the Director shall have the authority to promulgate regulations to enforce this section. [Ord. 5388 § 11, 2022].

6.24.040 Badges for Director of Animal Services and deputies.

The Director of Animal Services and their designated deputies, while engaged in the execution of their duties, shall wear in plain view a badge having, in the case of the Director, the words “Director of Animal Services,” and in the case of the deputy, the words “Animal Control Officer” engraved therein. [Ord. 5388 § 11, 2022].

6.24.050 Interference with Director of Animal Services prohibited.

It is unlawful for any person to resist or interfere with the Director of Animal Services or their designated deputy in the discharge of their official duties. [Ord. 5388 § 11, 2022].

6.24.060 Enforcement alternatives.

Violation of animal control regulations shall be enforced through one or more of the following remedies:

(A) Abatement as a public nuisance pursuant to this title and Chapter 1.14 SCCC.

(B) Criminal prosecution.

(C) Administrative citation for the recovery of civil penalties and enforcement costs pursuant to Chapter 1.12 SCCC and SCCC 6.24.070.

(D) Civil action for injunction, civil penalties, or other appropriate remedies provided by law including, but not limited to, Chapter 1.12 SCCC.

(E) Any other remedies provided by law. [Ord. 5388 § 11, 2022].

6.24.070 Administrative citations.

(A) Purpose. The purpose of this section is to provide a clear and explicit process for issuing administrative citations to those persons violating the animal control regulations set forth in the Santa Cruz County Code related to the protection of the health, safety, and welfare of animals.

(B) Scope. This chapter sets forth procedures for issuing and adjudicating administrative citations to those persons violating animal control regulations in the unincorporated area of Santa Cruz County.

(C) Director’s Authority to Issue Citation. The Director may issue an administrative citation assessing a civil penalty to any person violating any provision of this title.

(1) Civil penalties established pursuant to this chapter shall be imposed and collected as set forth herein including, but not limited to, Chapter 1.12 SCCC.

(2) Each provision of this title that is violated constitutes a separate offense. Each and every day a violation of any provision of this title exists constitutes a separate and distinct offense.

(3) A civil penalty assessed by an administrative citation shall be payable directly to the Santa Cruz County Animal Shelter.

(4) Civil penalties assessed by an administrative citation shall be collected in accordance with the procedures specified in this chapter and Chapter 1.12 SCCC.

(D) Procedure for Issuing Citation.

(1) When a violation of any of the provisions of this title is identified, the Director shall identify the owner or responsible party and may issue them an administrative citation. A responsible party shall be deemed to be the person who is in immediate control of the animal or activity that constitutes a violation.

(2) The administrative citation shall be issued on a form titled “Administrative Citation” and shall contain the following information:

(a) The date, approximate time, and address or definite description of the location where the violation was observed;

(b) The provisions of this title violated and a description of the violation;

(d) An order to the owner or responsible party to correct the violation within a time specified and an explanation of the consequences of failure to correct the violation;

(e) The amount of monetary penalty for each violation;

(f) An explanation of how the penalty shall be paid and directing that it be made payable to the Santa Cruz County Animal Shelter, the time period within which it shall be paid, and the address at which the penalty payment shall be remitted or mailed;

(g) A statement regarding the right to appeal the administrative citation, including the time within which the appeal must be filed, and the place to obtain a notice of appeal and request for administrative citation appeal hearing form; and

(h) The name and signature of the officer issuing the administrative citation and, if possible, the signature of the owner or responsible party acknowledging receipt of the citation.

(3) A single administrative citation may charge a violation for one or more days on which a violation exists, and for the violation of one or more provisions of this title.

(E) Service of Administrative Citations.

(1) The Director shall issue any required notice of the violation to the owner or responsible party in the following manner:

(a) Personal Service. The Director shall attempt to locate and personally serve the owner or responsible party and, if possible, obtain the signature of the owner or responsible party on the administrative citation. If the owner or responsible party served refuses or fails to sign the citation, the failure or refusal to sign shall not affect the validity of the citation or subsequent proceedings and the Director shall make service of the citation as otherwise provided herein.

(b) Mail. If for any reason the Director is unable to personally serve the citation on the owner or responsible party, the citation shall be mailed to the owner or responsible party either by first class mail, postage prepaid, or priority mail, with a declaration of service under penalty of perjury. The declaration of service shall be made by the person mailing the citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. The failure of any owner, responsible party, or person with an interest in the animal, where applicable, to receive a properly addressed citation shall not affect the validity of any proceeding under this chapter. Service of the citation in the manner described above shall be effective on the date of mailing.

(c) Posting of Citation. As an alternative to service by mail, and if the Director is unable for any reason to personally serve the owner or responsible party, the Director may post the citation by affixing the citation to a surface in a conspicuous location on any real property in which the owner or responsible party has a legal interest, and such posting shall be deemed effective service. Failure of a posted citation to remain in place after posting shall in no way affect the validity of the citation or the proceeding. Service shall be deemed effective pursuant to posting on the date that the citation is actually posted.

(2) The failure of any owner or responsible party to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter when the owner or responsible party has actual notice of these proceedings.

(F) Opportunity to Correct Violation. Upon the service of an administrative citation for a correctable violation, the owner or responsible party shall be allowed seven days to correct or remedy the violation, except 30 days are allowed to correct a spay/neuter violation. If the owner or responsible party properly corrects the violations, they shall not be assessed a civil penalty. If the owner or responsible party fails to correct or remedy the violations, civil penalties shall be assessed from the date written upon the citation. This section shall not be construed to waive any fee or payment that would ordinarily be required pursuant to this title.

(G) Satisfaction of Administrative Citation.

(1) Upon receipt of an administrative citation, the owner or responsible party must do the following:

(a) Pay the civil penalty to the Santa Cruz County Animal Shelter; and

(b) Demonstrate to the Director that the violation has been corrected or remedied, if the violation is of such a nature that it can be remedied. The Director may not accept payment of a civil penalty unless the owner or responsible party has demonstrated that the violation has been corrected or remedied. If the violation is corrected or remedied within the time set forth in subsection (F) of this section (correctable violation), no civil penalty shall be imposed.

(2) If an owner or responsible party fails to properly correct or remedy a continuing violation in accordance with subsection (F) of this section or otherwise, the owner or responsible party shall pay the accrued civil penalty amount to the Santa Cruz County Animal Shelter. Penalty amounts shall continue to accrue as specified until the date the owner or responsible party satisfies the administrative citation or files a notice of appeal. Payment of an accrued penalty shall not excuse or discharge the owner’s responsibility to correct or remedy the cited violation, nor shall it bar further enforcement action by the Director.

(H) Appeal of Administrative Citation. Administrative citations may be appealed as set forth in Chapter 6.26 SCCC.

(I) Penalties and Costs Assessed.

(1) The Department may establish a civil penalty schedule setting forth the penalty to be assessed by an administrative citation for violation of a particular provision of this title in accordance with Government Code Section 53069.4(a)(1) and may, in connection therewith, also authorize the reductions specified therein for timely payment.

(2) If the animal owner or responsible party fails to correct the violation, subsequent administrative citations may be issued for the same continuing violation. The amount of the penalty shall increase at a rate specified in subsection (I)(3) of this section or the civil penalty schedule provided for in subsection (I)(1) of this section.

(3) Except as otherwise provided by subsection (I)(4) of this section, the civil penalty assessed by administrative citation for violation of a provision of this title shall be as follows:

(a) First administrative citation—$100.00;

(b) Second administrative citation within one year for violation of the same code section—$200.00; and

(4) The civil penalty assessed by the administrative citation for the following violations shall be as set forth below:

(a) Failure to display license (each dog): $50.00.

(b) Dog off leash, first offense: $50.00.

(d) Dog off leash, third offense within one year: $150.00.

(e) Failure of owner to pick up after dog or cat defecating: $100.00.

(f) Permitting livestock to trespass, per offense: $200.00.

(5) Payment of the civil penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the Department. All assessed penalties and enforcement costs assessed shall be payable to the Santa Cruz County Animal Shelter.

(6) Penalties collected in the manner described in this section may be deposited in an animal shelter fund or other appropriate designated account.

(J) Failure to Pay Civil Penalties.

(1) Any person who fails to pay a civil penalty imposed pursuant to this chapter shall owe a debt to the Department. To enforce the debt the Director may file a claim with the small claims court or pursue any other legal remedy to collect the amount owed.

(2) Any person who fails to pay any civil penalty imposed pursuant to this chapter on or before the penalty payment due date shall also be liable in any action brought by the Department for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorney fees. Such collection costs are in addition to any required costs, penalties, interest, and late charges.

(3) In addition to all of the procedures set forth in this section, the Director shall have the ability and discretion to impose necessary conditions, to forgive portions of a debt or penalty owed to the Department under this chapter, and to otherwise coordinate collection and enforcement efforts. A written finding explaining the basis for each action taken pursuant to this subsection shall be prepared and maintained by the Director.

(K) Civil or Criminal Actions Not Affected by Administrative Citation. An administrative citation issued pursuant to this chapter shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate a public nuisance or violation or prevent the County from seeking compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation. [Ord. 5388 § 11, 2022].

6.24.080 Violation—Nonadministrative penalties.

(A) Violation of any of the provisions of this title, except for violation of SCCC 6.04.090, 6.04.100, 6.04.250, 6.08.100(B) and (M), 6.12.110, 6.12.132, 6.12.134, 6.12.136, 6.12.140, 6.12.155, 6.19.020(G), and 6.24.050, is an infraction punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same code provision that occurs within one year of the first violation, and a fine not exceeding $500.00 for each additional violation of the same code provision that occurs within one year of the first violation.

(B) Violation of any of the provisions of SCCC 6.04.090, 6.04.100, 6.04.250, 6.08.100(B) and (M), 6.12.110, 6.12.132, 6.12.134, 6.12.136, 6.12.140, 6.12.155, 6.19.020(G), and 6.24.050 is a misdemeanor and punishable as such by fine and/or imprisonment. [Ord. 5388 § 11, 2022].

6.24.090 Severability.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. [Ord. 5388 § 11, 2022].