Gustine Municipal Code Art. 2 Administration and Enforcement

(a) The administrator, or animal control officer or designee acting in his 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 Penal Code § 836.5;

(3) To issue citations pursuant to this chapter and applicable laws of this state;

(4) To act as a public officer pursuant to Food And Agriculture Code § 7;

(b) The administrator shall have the authority to determine whether any dog has engaged in the behaviors or exhibits any of the characteristics of a "potentially dangerous dog" or "vicious dog" as defined in Food and Agricultural Code §§ 31602 and 31603.

All contracts to hire or let the services of a private or public entity for the purpose of performing the animal control functions of the city shall be authorized specifically by council resolution only.

(a) It shall be the duty of the administrator, animal control officer or designee 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, deputies, or any police or peace officer shall serve written notice to the person owning or having control of or acting as agent for such premises, a notice to abate or remove such nuisance within 48 hours or other reasonable time as may be stated in the notice. Such service 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, willfully, or negligently fail to abate the nuisance alleged in the notice or to fail to contest the allegations in such notice within the time period allotted following receipt or knowledge of the notice.

(c) Where the person upon whom the abatement notice is required to be served under subsection (b) of this section 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 at-large animal, wild or exotic animal or a potentially dangerous dog or vicious dog, the administrator may follow the procedures relating to seizure and impoundment as set forth in this chapter.

(2) Where the nuisance is in the nature of noise or odors and is caused by 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, removaland abatement costs set forth in title 10, chapter 3, article 8 relating to vehicle abatement.

(Code 1966, § 6-1.13)

Footnotes:

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State Law reference— Animal pounds, Food and Agricultural Code § 32500 et seq.; impoundment of dogs, Food and Agricultural Code § 31101 et seq.

(a) Notwithstanding other provisions of this chapter, an animal control officer or peace officer may seize and impound an animal for violation of any provision of this title or state law, without prior notice and prior to a hearing, in any of the following situation where the officer reasonably believes it is necessary:

(1) To protect public health, safety, welfare and property;

(2) To protect an animal which is injured, sick or starving and must be cared for; and

(3) Where the owner is not present, to protect an animal from injury which has strayed onto public property or a public right-of-way.

(b) Where the officer determines the animal must be seized and impounded in accordance with subsection (a) of this section, the officer shall post a notice of such impoundment on the front door of the residence of the owner or person who has a right to control the animal. The notice shall state the following: The animal impounded, where the animal is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the animal, and an indication of the ultimate disposition of the animal if no action to regain custody is taken within a specified period of time.

(c) Where the owner or person in control of the animal has not contacted the agency impounding the animal with directions provided in the notice, the administrator or designee shall attempt to contact that person again after 48 hours.

(d) Except as provided elsewhere in this chapter, an animal control officer or peace officer shall not seize or impound a dog or wild or exotic animal for running at-large under the provisions of this title when the animal has not strayed from and is upon the private property of the owner or the person who has a right to control the animal, or upon private property to which the animal owner or person with custodial control has a right of possession. An animal control officer or peace officer shall not seize or impound a dog which has strayed from, but then returned to, the enclosed portion of private property of his owner or the person who has a right to control the dog. In such case, a citation may be issued to the owner or person in control of the animal. An officer may seize and impound any wild or exotic animal which has strayed from, but has returned to, the property of the animals owner or keeper. Where the officer is authorized to issue a citation under this subsection, but the owner or custodial person of the animal cannot be located, and in the reasonable opinion of the animal control or peace officer at the scene the animal poses a threat of running at-large again, the animal may be impounded.

(Code 1966, § 6-1.06)

The administrator shall ensure that all impounded animals receive suitable and adequate food, water and shelter.

(a) An impoundment fee shall be charged to the owner of each animal impounded in an amount fixed by resolution of the city council.

(b) In addition, a fee for keeping an impounded animal shall be charged in an amount sufficient to defray the costs of keeping the animal, as determined by the administrator.

(a) The required holding period for an at-large dog or cat shall be pursuant to Food and Agricultural Code §§ 31108 and 31172.

(b) Notwithstanding anything to the contrary, an animal which has been determined by a veterinarian or other authorized personnel to be diseased or injured to the extent that care will not alleviate suffering shall be destroyed in accordance with all state and county laws as soon as possible.

(Code 1966, § 6-1.08)

The administrator, animal control officer or designee may permit an owner or other person entitled to custody of an impounded animal to redeem such animal. No animal may be redeemed without payment of the fees for impounding and keeping the animal, and without compliance with the licensing provisions of this chapter.

(Code 1966, § 6-1.06)

(a) Except as provided otherwise in this chapter, the administrator, animal control officer or peace officer may not seize or impound any animal without the consent of the owner or person entitled to custody of the animal, unless notice of that seizure has been properly served as provided for in this chapter. If the owner or person who has a right to control an animal refuses to consent to an impoundment of any animal owned by such person, the animal control officer or peace officer may issue a notice commanding the person to appear before the administrator for a hearing at a set time. If the owner or person having custody wishes to challenge the impoundment, the owner or person having custody shall request the hearing either personally or by mail within 72 hours after the seizure and impoundment.

(b) The administrator shall promptly set the time and place for the hearing and shall cause notice of such hearing to deposited in the mail to the party requesting a hearing at least five days before the date of the hearing.

(c) At the hearing, the applicant and the animal control division may be represented by counsel, may present oral and written evidence, and may examine witnesses. Any relevant evidence may be admitted and strict rules of evidence need not apply. The decision of the examiner shall be written and based entirely on the record. The hearing examiner shall issue his or her decision within ten business days from the date of the hearing and that decision shall be final.

(d) Any person who fails to appeal any seizure or impoundment by the animal control officer or peace officer under this title within six days of impoundment will forfeit all right of ownership and control of the animal. Final disposition of the animal shall be determined by that agency in accordance with the provisions of ordinance and state law.