Antioch Municipal Code Art. 2 Authority; Entry on Private Property; Procedures; Violations; Remedies

This chapter shall be enforced, administered, and directed by the Chief of Police or his or her designated representative. The following are also authorized to enforce this chapter: the Animal Control Supervisor or representative, the Code Enforcement Officer or representative, and all city police officers.

(Ord. 2083-C-S, passed 4-8-14)

(A) Entry on private property. The Animal Control Supervisor may enter on private property to investigate or enforce a possible violation of this chapter under any of the following circumstances:

(1) With the written or verbal consent of the property owner or adult person in possession of the property; or

(2) In an emergency situation when immediate action is required without time to seek a warrant. Examples of an emergency situation include circumstances posing an immediate threat to public health or safety or a situation requiring swift action to save life, property or evidence. (See Broden v. Marin Humane Society (1999) 70 Cal. App. 4th 1212, 83 Cal. Rptr. 2d 235.)

(B) Warrant. The Animal Control Supervisor must obtain a warrant issued by the court before entering private property when there is no consent and no emergency under division (A) above. (See Cal. Civ. Proc. Code §§ 1822.50 through 1822.57).

(Ord. 2083-C-S, passed 4-8-14)

(A) General. A person aggrieved by a decision made under this chapter may appeal that decision to the Board of Administrative Appeals, under §§ 1-4.01 through 1-4.04, or to a hearing officer appointed by the City Manager in a case where a quorum of the Board cannot be convened in a timely manner. However, these procedures do not apply to criminal penalties (§ 6-1.204(B)(1)), civil injunctions (§ 6-1.204(B)(2)), administration citations (§ 6-1.204 (B)(3)) or public nuisance abatement (§ 6-1.204 (B)(4)), each of which is subject to its own procedures.

(B) Examples. Examples of matters that are subject to appeal include:

(1) Determination of unlawful act under § 6-1.501 or other section of this chapter;

(2) Denial or revocation of a permit under Article 6 of this chapter;

(3) Designation as potentially dangerous animal or vicious animal, or conditions related to continued ownership.

(C) Notice, hearing, decision. The notice, hearing and decision procedures are those set forth in § 1-4.03 and procedures that the Board of Administrative Appeals may adopt.

(Ord. 2083-C-S, passed 4-8-14)

(A) Violations. It is unlawful for a person to violate this chapter, or to fail to comply with a requirement of this chapter. Each day the violation continues is a separate offense.

(B) Remedies generally. The city may enforce this chapter by any one or more of the following methods, at the city's discretion:

(1) Criminal penalties. A violation of this chapter is a misdemeanor, unless the citing officer determines to cite the violation as an infraction based upon the circumstances. Anyone authorized to enforce this chapter under § 6-1.201 may investigate complaints and may issue a criminal citation if he or she observes a violation committed in his or her presence. (See Title 1, Chapter 2, of the Antioch Municipal Code regarding penalties.) (See Cal. Food and Agric. Code § 31401.)

(2) Civil injunction and penalties, under § 1-2.04.

(3) Administrative citations and penalties, under Title 1, Chapter 5 of the Antioch Municipal Code.

(4) Public nuisance abatement, under Antioch Municipal Code § 5-1.301 and following and Cal. Gov’t Code § 38773 or other lawful authority.

(5) Impoundment and/or quarantine.

(6) Mandatory surrender of animal.

(7) Conditions imposed as a condition of permits, or for animals declared to be potentially dangerous or vicious under § 6-1.803.

(8) Remedies provided by state law.

(C) State law. When more stringent than the provisions of this chapter, the provisions of the Health and Safety Code, the Penal Code, the Food and Agriculture Code and the California Code of Regulations relating to animal health, control, care, and rabies control shall apply.

(Ord. 2083-C-S, passed 4-8-14)

A person convicted of violating or permitting violations of this chapter or related state law is prohibited from keeping or harboring within the city an animal of the type, species, group or family to which the conviction applies (including the animal initially causing the violation or nuisance) for a period of three years from the date of the subsequent conviction. (See also § 6-1.805, actions after determination: vicious.)

(Ord. 2083-C-S, passed 4-8-14)