Blythe Municipal Code Ch. 6.28 Administration and Enforcement

A. The animal control officer shall supervise the administration and enforcement of this title and of the laws of the state pertaining to the control of animals and shall have charge of city animal control employees and facilities.

B. The city council may enter into a written agreement or by agreements with any veterinarian or any organized humane society or association, which will undertake to carry out the provisions of this title and maintain and operate a pound, and which will license, take up, impound and dispose of animals. Any such veterinarian or society or association which shall enter into such an agreement shall carry out all of the provisions of this title in the manner herein prescribed.

C. It is unlawful for any person to interfere with, oppose or resist any officer or person empowered to enforce the provisions of this title while such officer or person is engaged in the performance of his duties as provided in this title.

D. Nothing in this title shall prevent the AC from acting, when he deems it appropriate to do so, under the applicable provisions of the California Penal Code.

(Ord. 675 (part), 1991)

A. Any person violating any of the provisions of this title shall be guilty of an infraction and upon conviction thereof shall be punished by (1) a fine not exceeding fifty dollars for the first violation; (2) a fine not exceeding two hundred dollars for the second violation within one year; (3) a fine not exceeding two hundred fifty dollars for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.

B. A violation for failure to obtain the license for a dog required by subsection A of Section 6.06.020 of this title may be dismissed by the court when the person charged for such violation produces a valid dog license procured not more than ten days after the date of the violation.

(Ord. 675 (part), 1991)

It is unlawful for any person to possess any wild animal or dangerous reptile within the incorporated area unless such area is zoned for such use and permission has been granted by the city council, or such person possesses the animals described in this section pursuant to current licenses or permits issued by the State Fish and Game Department, and in accordance with Title 14 of the California Administrative Code Sections 40, 670 through 670.7, and 671 through 671.7 with the exception that it shall be unlawful for any person to possess and confine venomous reptiles within the incorporated area of the city. This section does not apply to the California state Fish and Game or United States Fish and Wildlife Service.

Any venomous reptile impounded by the animal control officer will be destroyed immediately or turned over to the California Department of Fish and Game at the discretion of the officer enforcing the provisions of the code with notice of a hearing.

(Ord. 675 (part), 1991)

A. The possession or maintenance of any animal or the allowing of any animal to be in violation of this title in addition to being a violation of this title is declared to be a public nuisance. The animal control officer and any city peace officers are directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish said abatement including but not limited to the destruction of the animal involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of such animal. Failure to comply with such conditions and restrictions is a misdemeanor. The owner of such animal shall reimburse the city for all costs incurred in enforcing compliance with the provisions of this section. The city by and through the animal control officer may also commence and maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the state for the abatement and redress of public nuisances.

B. At least ten working days prior to the impoundment or abatement or both pursuant to subsection A of this section, the owner or custodian of the subject animal shall be notified by the animal control officer, in writing, of the right to a hearing to determine whether grounds exist for such impoundment or abatement or, where applicable, both. Said notice shall be served by hand-delivery or by registered or certified mail, postage prepaid, return receipt requested. If the owner or custodian requests a hearing prior to impoundment or abatement, no impoundment or abatement shall take place until the conclusion of such hearing, except as provided in subsection C of this section.

C. When, in the opinion of the animal control officer, immediate impoundment is necessary for the preservation of an animal or public health, safety or welfare, or if the subject animal has been impounded under any other provision of this title or any law or regulation of the state, the preimpoundment hearing shall be deemed waived; provided, however, that the owner or custodian of the subject animal shall be given notice by the AC, in writing, which would allow five working days to request an abatement hearing. Service of such notice shall be in accordance with the service methods specified in subsection B of this section. Where requested by such owner or custodian, a hearing shall be held within five days of the request therefore, and the subject animal shall not be disposed of prior to the conclusion of the hearing. If, after five working days from the date of service of the notice specified in this subsection, no request for a hearing is received from the owner or custodian of the subject animal, such animal shall be disposed of pursuant to applicable provisions of law.

D. All hearings pursuant to this section shall be conducted by the AC personally or by a designated employee who shall not have been directly involved in the subject action. Hearings shall be held not more than ten days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a reasonable period of time if the AC deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance. Within ten days after the conclusion of the hearing, the animal control officer shall render, in writing, his findings, decision and order to the owner or custodian of the subject animal; service of such notice shall be in accordance with the service methods specified in subsection B of this section.

(Ord. 675 (part), 1991)