Gilroy Municipal Code Art. II Administration and Enforcement

(a) The administrator, or animal control officer acting on his or her behalf, shall have the following powers:

(1) To enforce the provisions of this chapter and state laws relating to the care, treatment, impounding and destruction of animals;

(2) To arrest any person who violates this chapter in the manner provided by Section 836.5 of the Penal Code of the state;

(3) To issue citations or orders pursuant to Chapter 6A;

(4) To act as a public officer pursuant to Food and Agricultural Code Section 7;

(5) The administrator may formulate rules and regulations in conformity with and for the purposes of carrying out this chapter, and any violation thereof shall be deemed an infraction.

(b) The administrator shall have authority to determine whether any dog has engaged in the behaviors or exhibits any of the characteristics of a dangerous dog in accordance with sections 4.1 and 4.30.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995; Ord. No. 2007-21, § I, 12-3-2007)

The administrator shall have the authority to contract with or hire or let the services of a private or public entity for the purpose of performing the administrator’s duties and powers prescribed for under this chapter. All contracts with a value of one thousand dollars ($1,000.00) or more or with a duration of more than one (1) year shall be authorized specifically by council resolution only.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) It shall be the duty of the administrator or animal control officer to enter upon or in any premises, building, lot, yard or enclosure for the purpose of inspecting the same to ascertain the presence of any nuisance.

(b) If the inspecting officer has reason to believe a nuisance exists on the premises, then he or she, his or her deputies, or any police or peace officer shall serve written notice to the person or persons owning or having control of or acting as agent for, leasing or occupying such premises, to abate or remove such nuisance within forty-eight (48) hours or other reasonable time as stated in the notice. Such notice shall be served personally or, where the person responsible for such nuisance cannot be located, by posting the notice in a conspicuous place on the front door or entranceway. It shall be unlawful for any person to knowingly, wilfully, or negligently fail to abate the nuisance alleged in the notice or to fail to contest the allegations in the notice within forty-eight (48) hours following receipt or knowledge of same.

(c) Where the person upon whom the abatement notice is required to be served under subsection (b) has been properly served but does not abate the nuisance within the time specified in the notice, the administrator shall have the authority to do the following:

(1) Where the nuisance is caused by an atlarge animal, a wild or exotic animal or a dangerous dog at one (1) of the three (3) levels defined in section 4.1, the administrator may follow the procedures relating to seizure and impoundment as set forth in sections 4.50 through 4.59.

(2) Where the nuisance is in the nature of noise or odors and is caused by an animal or animals, by animal waste, or other conditions on the premises that are the result of the keeping of the animals, the administrator may abate the nuisance by substantially following the notice, publication, hearing, removal and abatement cost recovery procedures set forth in Chapter 15 relating to vehicle abatement.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Except as provided for in subsection (e) of this section, violation of any of the provisions covered in this chapter shall constitute an infraction. Each day a violation continues shall be regarded as a new and separate offense. The punishment upon conviction shall be:

(1) A fine not exceeding one hundred dollars ($100.00) for a first violation;

(2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one (1) year; or

(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one (1) year, to a maximum of three (3) such violations.

(b) For purposes of this section, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(c) In addition to any other penalties or fines provided for in this chapter, any reasonable costs incurred by the city in seizing, impounding and for confining any dangerous animal shall be a charge against the owner.

(d) Four (4) or more violations of the same section of this chapter shall constitute a misdemeanor. Each additional day the violations continue unabated shall be regarded as a new and separate offense for which the infraction fines or penalties set forth in subsection (a) of this section shall apply; provided, that three (3) additional days of each infraction offense shall constitute an additional misdemeanor. The punishment upon conviction shall be any or all of the following:

(1) The revocation of any permit issued pursuant to this chapter; or

(2) A fine not exceeding one thousand dollars ($1,000); or

(3) Imprisonment for a period of not more than six (6) months, or both such fine and imprisonment.

(e) A person who owns or is in charge of or controls or who possesses a dog who permits, allows or causes the dog to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person is guilty of a misdemeanor if said dog bites, attacks or causes injury to any human being or other animal.

(Ord. No. 2010-06, § II, 4-5-2010)