Colusa Municipal Code Art. I General

This chapter shall be known as the Animal Control Ordinance.

(Ord. No. 423, § 1, 10-29-2024)

The chief of police or his/her authorized and appointed designee(s), and the sherriff or his/her authorized and appointed designee(s), and such other person(s) as the city council may appoint in order to enforce this Animal Control Ordinance, shall be referred to herein as an "animal control officer," and shall have authority to enforce all of the provisions of this chapter relating to the care, control and treatment of animals.

An animal control officer may go upon private property as necessary to enforce the provisions of this chapter, including inspection of facilities provided for any animals, counting the number of animals kept, or collecting and impounding animals, with the voluntary consent of the owner or occupant of the premises, where there is no reasonable expectation of privacy, or pursuant to an inspection warrant in accordance with Sections 1822.50 to 1822.58 of the California Code of Civil Procedure. An inspection warrant shall be issued by a judge upon cause, unless some other provision of state or federal law makes another standard applicable, and shall be supported by an affidavit that particularly describes the premises to be inspected, the purpose of the inspection, and a statement that consent was sought and refused or facts reasonably justifying a failure to seek consent. Unless specifically authorized by the judge issuing the inspection warrant, an inspection may not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, nor in the absence of an owner or occupant of the premises, or by forcible entry.

An animal control officer is hereby authorized to initiate criminal actions for violations within the city of this chapter by field citation. Pursuant to Section 836.5 of the California Penal Code, the animal control officer acting within the scope of his/her authority may arrest a person without a warrant when the animal control officer has reasonable cause to believe that the person to be arrested has committed a violation of this chapter in the presence of the animal control officer. If a person arrested pursuant to this section does not demand to be taken before a magistrate, the animal control officer shall prepare a written notice to appear and release the person on his/her promise to appear in accordance with Section 853.5 of the California Penal Code.

Subject to state and federal laws and the limitations within this chapter, including but not limited to Article VII of this chapter, an animal control officer may seize, impound and dispose of, or cause the seizure, impoundment, and disposal of, any animal.

(Ord. No. 423, § 1, 10-29-2024)

No person shall interfere with, oppose or resist an animal control officer in the performance of any act authorized by this chapter, including the seizure and impoundment of any animal.

(Ord. No. 423, § 1, 10-29-2024)

In the event of any inconsistency between the provisions of this chapter and the City of Colusa Zoning Ordinance, as amended from time to time, the provisions of the zoning ordinance shall prevail.

(Ord. No. 423, § 1, 10-29-2024)

Whenever any act is prohibited by this chapter, or is made or declared to be unlawful, or the doing of any act is required or the failure to do any act is declared to be unlawful, the first violation shall be treated as an infraction and punishable by a fine not exceeding one hundred dollars. Subsequent violations within one year may be treated as a misdemeanor and punishable by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment for a term not exceeding six months; provided, nevertheless, that any such violation or offense may be deemed an infraction and charged as such in the discretion and at the election of the officer, in which event the punishment therefor shall not be imprisonment but a fine not to exceed the amounts specified by Government Code Section 36900 as then in effect. Every day any violation of any provision of this chapter continues constitutes a separate offense.

(Ord. No. 423, § 1, 10-29-2024)