Grass Valley Municipal Code Ch. 6.04 Administrative Provisions

A. Establishment. The office of the director of animal control services is established. The director of animal control may be either a city official, person, firm, association, corporation or another municipality, as determined by the city council. The director of animal control shall serve for such period of time and shall receive such compensation as shall be established by ordinance, resolution or by contract executed by the city council.

B. Duties Generally. The duties of the director of animal control are as follows:

1. To impound any and all stock found running at large upon the streets, alleys or public places within the city and, having impounded such animals, if the owner of any such stock desires the release thereof, the director of animal control shall release the same upon the payment of fees as provided by council resolution. In the event any such stock so impounded is not redeemed by the owner as provided in this chapter, then the director of animal control is authorized to advertise and to sell the same in the manner provided by state law for strays;

2. To apprehend and impound any animal as authorized by the provisions of this chapter, using all force deemed by the director of animal control necessary to accomplish that end. The use of force, as authorized in this chapter, shall include the employment of a tranquilizing device in order to bring an animal under control, and in the case of a vicious or rabid animal, when no other means of apprehension is available, to cause destruction of such animal;

3. To hold any dog not wearing a city license tag, or impounded cats, for a period of seventy-two hours whereupon, unless claimed by the owner within such time, the director of animal control may thereafter dispose of or cause to be disposed of such dog or cat either by humanely putting it to death or by placement with a new owner; provided, that no such dog or cat shall be placed for use in any form of laboratory research or hospital teaching;

4. To ascertain from the city license records the owner of an impounded dog wearing a city license tag and forthwith give to the owner a written notice thereof, mailed to the owner's address as shown on such records. To attempt to notify the owner by forthwith calling the telephone number, if any, listed on such license records. If the owner does not reclaim such dog within one hundred twenty hours after the mailing of such notice, the director of animal control may dispose of such dog in the manner provided for in this chapter;

5. To collect from an owner reclaiming any animal from the animal shelter, fees and charges as fixed by council resolution;

6. To pay to the director of finance, at the time and in the manner prescribed by the city council, all funds collected from license fees, sales of dogs, penalties and charges for feeding and boarding animals in the animal shelter except as may be provided by contract;

7. To enforce the provisions of this chapter; provided, however, that all members of the police department are also authorized to enforce such provisions;

8. To collect and dispose of dead animals found in public places;

9. To collect and dispose of confined bats or skunks at the request of any resident holding the same in confinement;

10. To hold animals needed by the city police or director of animal control as evidence in any matter being investigated or prosecuted for possible violation of state or local laws relating to the keeping or use of animals;

11. To enforce any other sections of this chapter whether enumerated as a duty or not;

12. To employ a private veterinarian whenever he deems it necessary in order to properly care for and maintain any animal. Owners shall pay for the veterinarian's services direct to the veterinarian; in those cases where the fee has been paid or incurred for the case or treatment of any animal by the city, such animal shall not thereafter be redeemed without payment by the owner of such fee, in addition to any and all other fees, so as to reimburse the city for its cost for veterinarian service for such animal.

(Prior code § 2-73)

The city council may by contract designate an agency which shall establish, maintain, conduct and operate a suitable enclosure to keep and safely hold all animals subject to be impounded, which enclosure shall be known as the city animal shelter.

(Prior code § 2-74)

It is unlawful to interfere with, oppose or resist any authorized person collecting or impounding dogs under the provisions of this chapter. Such authorized person shall wear a badge and may go upon private property of the owner in pursuit of a dog for the purpose of enforcing this chapter, after previous written notice to the dog owner, to comply with the provisions of this chapter; provided, that previous notice shall not be required in the case of a biting dog or a suspected rabid dog. Nothing contained in this chapter shall authorize a violation of constitutional immunity from search and seizure.

(Prior code § 2-75)

The director of animal control and his deputies and/or designees shall be vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this chapter, and it shall be their duty to issue citations for violations of any of the provisions of this chapter. The director of animal control shall enforce all of the laws of the city and state relating to the care, treatment, impounding or other conditions of animals and the prevention of cruelty to animals.

(Prior code § 2-76)

The director of animal control, any officer or employee thereof, or other duly designated representative of the city, or public officer shall have the right to make an inspection to enforce the provisions of this chapter or other applicable law by entering into any building or upon any property within the city when the person has reasonable cause to believe that there exists in any building and/or upon any property any violation of the provisions of this chapter or applicable law; provided, that:

A. If such building and/or property is occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor; and if such building and/or property is unoccupied, he shall first make contact with persons having authority over the building and/or property and request entry explaining his reasons therefor;

B. If entry into the building or upon the property is refused, the director of animal control, any officer or employee thereof or other duly designated representative of the city, or any police officer shall obtain an inspection warrant pursuant to the provisions of the Code of Civil Procedure (Sections 1822.50 to 1822.57), for the entry and inspection of the building and/or the property.

C. Notwithstanding the foregoing, if the director of animal control, any officer or employee thereof, or other duly designated representative of the city, or any police officer has reasonable cause to believe that the keeping or the maintaining of any animal is hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, he shall have the right to immediately enter and inspect such building and/or property, and may use any reasonable means required to effect such entry and make such inspection, whether such building and/or property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the building and/or property is occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor.

This section shall not prohibit the director of animal control, any officer or employee thereof, or any police officer from entering upon any public or private property in the city for the purpose of capturing an animal running at large in violation of this title or other applicable law. Any person who denies or prevents, obstructs, or attempts to deny, prevent or obstruct the capture is guilty of a misdemeanor.

D. The permittee of any permit issued pursuant to this chapter by accepting such permit, does thereby consent and agree to the entry upon the premises described in the permit by the director of animal control or his authorized representative for the purposes of conducting such inspections as are required by this chapter or applicable law.

(Prior code § 2-77)

Whenever any act is prohibited by this chapter, or is made or declared to be unlawful, or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation shall be a misdemeanor punishable under Chapter 1.12 of this Code; provided, nevertheless, that any such aforesaid violation or offense may be deemed an infraction punishable under Chapter 1.12 of this Code and charged as such in the discretion and at the election of the prosecuting attorney, in which event the punishment therefor shall not be imprisonment but a fine not to exceed the amounts specified by Chapter 1.12 of this Code as then in effect. Every day a violation of any provision of this chapter continues constitutes a separate offense.

(Prior code § 2-78; Ord. No. 791, § 1, 9-26-2017)