Banning Municipal Code Ch. 2.20 Animal Control Officer

The chief of police is hereby appointed as the chief animal control officer for the city.

(Code 1965, § 4-1.)

A. The animal control officer is authorized by the city council, pursuant to Section 832, 836.5 and 19d of the California Penal Code and subject to the provisions thereof, to arrest a person without a warrant whenever the animal control officer has reasonable cause to believe that the person to be arrested has either violated a provision of Title 6 of this Code in the animal control officer's presence or fails to correct a violation of said provisions and therefore has committed an infraction which the animal control officer has the discretionary duty to enforce.

B. The animal control officer is further authorized by the city council to issue a Notice to Appear and to release such person on his or her written promise to appear in court, pursuant to Sections 853.5 and 853.6 of the California Penal Code. Under no circumstances may the animal control officer take the person to be arrested into custody. In the event that the person to be arrested demands to be taken before the magistrate or refuses to provide his or her written promise to appear in court, the animal control officer shall either summon a Banning police officer, explain the situation, and request that the Banning police officer arrest the person and take the person into custody, or seek the assistance of the city attorney and request that an infraction complaint be prepared and filed against that person.

(Code 1965, § 4-1A.)