El Dorado County Municipal Code Ch. 6.08 Administration

The Director of Animal Control and other related personnel shall be under the direction and supervision of the Director of the Health and Human Services Agency.

(Code 1997, § 6.08.010; Ord. No. 3446, § 3(part), 1984)

The Director of Animal Control is responsible for the enforcement of this chapter, and all laws of the State pertaining to the control of dogs, cats and other animals and the humane treatment of animals, and his or her duties shall include, but not be limited to, the following:

A. To administer the animal control center and keep such records as may be required by the Board of Supervisors and the Director of the Health and Human Services Agency;

B. To take up and impound animals which are in violation of this chapter;

C. To quarantine animals and to cooperate with the Public Health Officer;

D. To administer licensing programs as provided for in this title;

E. To administer rabies clinics.

(Code 1997, § 6.08.011; Ord. No. 3446, § 3(part), 1984)

The Director of the Health and Human Services Agency may formulate rules, regulations and policy in conformity with, and for the purposes of carrying out the intent of this chapter. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any license or permit provided.

(Code 1997, § 6.08.012; Ord. No. 3446, § 3(part), 1984)

A. Each Animal Control Officer shall have and is vested with the authority of a public officer, as specified in Penal Code § 836.5. Each Animal Control Officer may, in the performance of his or her duties, enter upon any property pursuant to law to ascertain if any of the provisions of this title or any State laws relating to disease, care, treatment, impounding or cruelty to animals are being violated. Each Animal Control Officer may issue citations for violation of the provisions of this title or any State laws in the manner prescribed by Penal Code § 836.5.

B. In performance of his or her duties, the Animal Control Officer shall have the authority to employ the use of a tranquilizer gun and all animal control devices in common use within the State.

C. Penal Code § 597.1 shall be operative in the County and enforced by the County Division of Animal Control, and Penal Code § 597f shall not be operative.

(Code 1997, § 6.08.013; Ord. No. 3446, § 3(part), 1984; Ord. No. 4379, 1995)

State Law reference— Powers and duties of local officers for failure of animal owner to care for animal, Penal Code § 597.1.

The Director of Animal Control and such animal control officers as he or she may specifically designate in writing are authorized to carry firearms when acting in the course and scope of their employment in accordance with State law.

(Code 1997, § 6.08.014; Ord. No. 3446, § 3(part), 1984)

The Director of Animal Control shall maintain and operate an animal control center and provide the Animal Control Officers with such supplies, equipment, transportation and other facilities as may be reasonably necessary or required to properly carry out the execution and enforcement of this title.

(Code 1997, § 6.08.020; Ord. No. 3446, § 3(part), 1984)

In the performance of his or her duties, the Director of Animal Control and each Animal Control Officer shall have the authority and immunities of public officers and employees as set forth in Penal Code § 836.5 to make arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of this Code or of any ordinance or statutes which he or she has the duty to enforce.

(Code 1997, § 6.08.030; Ord. No. 3446, § 3(part), 1984)

A. Penalty for violation. Except as otherwise provided herein or in State or Federal codes, violation of any provision of this title is an infraction punishable by a fine of $50.00 for a first offense per animal per incident; and for a second offense, a fine of $100.00 per animal per incident; and for a third and subsequent offense, a fine of $250.00 per animal per incident.

B. Misdemeanor violations.

1. Any person willfully violating his or her written promise to appear in court, or before a person authorized to receive a deposit of bail, shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

2. Any person willfully failing to pay a lawfully imposed fine for a violation imposed pursuant to this section within the time authorized by the court and without the lawful excuse having been presented to the court on or before the date the fine is due is guilty of a misdemeanor regardless of the full payment after such time.

(Code 1997, §§ 6.08.040, 6.08.042; Ord. No. 3446, § 3(part), 1984; Ord. No. 3692, § 3, 1987)

A. Notwithstanding any other provisions of this title, if, in the judgment of the Director of Animal Control, an animal is found to be dangerous, injured, or ill, and if ill with the concurrence of a licensed veterinarian, and should be destroyed, the Director of Animal Control may, at any time, in a humane manner, destroy such animal.

B. Epidemics. The Health Officer may determine and declare that a rabies epidemic or other unusually dangerous health situation exists among dogs, cats or other animals in the County, or in any part thereof. Upon making such a declaration, the Health Officer shall prepare and promulgate, pursuant to Health and Safety Code § 1500 et seq. (California Community Care Facilities Act), such rules and regulations as are necessary for the conduct of all persons within the area where the dangerous condition exists, and such rules and regulations as are necessary for the control of the dogs and other animals within the area. These rules and regulations of the Health Officer may include, but are not limited to, quarantine, vaccination and destruction of diseased or suspected or stray animals by humane methods. It shall be the duty of the Director of Animal Control to comply with all directives of the Health Officer in the enforcement of the rules and regulations. A violation of any such rules and regulations shall be deemed a violation of this title.

(Code 1997, § 6.08.041; Ord. No. 3446, § 3(part), 1984; Ord. No. 3692, § 4, 1987)