Lathrop Municipal Code Ch. 6.08 Administration and Enforcement

The position of animal control officer shall be created and shall be under the direction of the city manager or a designee. The animal control officer is designated as the person responsible for the impounding of animals within the city. Nothing in this title shall prevent the city from undertaking any or all of the duties of the public shelter and or any animal control services as defined herein.

(Prior code § 91.165)

The animal control officer and designees and the county health officer and his or her deputies are empowered, and it shall be their duty, to enforce the provisions of this title.

(Prior code § 91.166)

Subject to the provisions of California Code of Civil Procedure, Section 1822.50 et seq., the animal control officer or any person whose duty it is to enforce the provisions of this title may at any reasonable time enter upon any premises for the purpose of inspection upon reasonable cause to believe there is a violation of any provision of this title or any law of the state relating to the care, treatment, control or prevention of cruelty to animals.

(Prior code § 91.167)

The enforcing authority shall have the right, and is hereby authorized and empowered, to enter upon private property for the purpose of enforcing the provisions of this title or for other purposes consistent therewith. The enforcing authority shall be given prompt access upon oral notification to the responsible person and upon exhibiting suitable evidence of his or her identity and authority; provided, however, except in an emergency, a warrant issued pursuant to Part 3 of Title 13 of the Code of Civil Procedure of the state (Sections 1822.50 through 1822.57 inclusive), or its subsequent counterparts, shall first be secured when entry or access thereto is denied. Refusal to admit such members when a warrant is not required shall be a misdemeanor. Neither the animal control officer nor the city shall be liable for any damage from any reasonable entry.

(Prior code § 91.168)

Any animal control officer may enter upon private property without a warrant for the following purposes:

A. When he or she has the express permission of the owner or occupant of the premises;

B. When he or she has probable cause to believe that any rabid, injured, sick, abandoned or uncared for animal is present;

C. When in pursuit of any animal:

1. When such animal is unlicensed,

2. Where such animal has been running at large upon any highway or road or other public property,

3. When such animal has been trespassing on private property, and the owner or occupant of such property has requested that such animal be apprehended;

D. When he or she has probable cause to believe that there exists in any building or upon any premises or property any condition which may be in violation of this title.

(Prior code § 91.169)

Pursuant to the provisions of California Penal Code Sections 836.5 and 830.9, any animal control officer or other person ordered by the council shall have the power and duty pursuant to this title to investigate complaints of violations of any provisions of this title, and may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed an infraction or a misdemeanor in his or her presence, which is a violation of this title, and may issue a citation to such person to appear in court to answer to such charges.

(Prior code § 91.170)

It is unlawful and shall be a misdemeanor for any person to wilfully resist, delay or obstruct any animal control officer in the discharge or attempt to discharge any duty of his or her office.

(Prior code § 91.171)

In performance of his or her duties, the animal control officer shall have the authority to employ the use of a tranquilizer gun and any animal-control equipment or device in common use within the state, necessary to take up and impound an animal.

(Prior code § 91.173)

No liability shall be incurred by the city for the disposition of any animal made pursuant to the provisions of this title.

(Prior code § 91.174)

Fees will be charged for animal control services and shall be established from time to time by resolution of the council.

(Prior code § 91.175)

The animal control officer, upon receiving a request for assistance from another animal control officer, another animal control department, peace officer or public official, or having requested assistance from another animal control department, shall be empowered to enforce all state, city, county or municipal codes and/or chapters which are related to his or her field of enforcement in that jurisdiction.

(Prior code § 91.176)

When any animal is seized, and its ownership is known to the animal control officer, such animal need not be impounded, but the officer, at his or her discretion, may return it to its owners and cite the owner of the animal to appear in court to answer to charges of violations of the provisions of this title.

(Prior code § 91.005)

No person shall remove any animals from the custody of the animal control officer or from a city holding shelter or vehicle without permission from the animal control officer. Violation of this provision constitutes a misdemeanor.

(Prior code § 91.006)

A. Violation of any provision specified as an infraction shall be punishable as follows:

1. A fine not exceeding $50 for the first violation;

2. A fine not exceeding $100 for a second violation of the same section within a 12 month period;

3. A fine not exceeding $250 for each additional violation of the same section within a 12 month period.

B. Violation of any provision specified as a misdemeanor shall be punishable as follows:

1. A fine not exceeding $250 for the first violation;

2. A fine not exceeding $500 for a second violation of the same section within a 12 month period;

3. A fine not exceeding $1,000 for each additional violation of the same section within a 12 month period.

C. In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this title shall be deemed a public nuisance and may be civilly abated by the city.

D. Every person violating any provision of this title shall be deemed guilty of a separate offense for each day, or portion thereof during which such violation is committed, continued or permitted by such person and shall be punished accordingly. Each day such condition continues shall be regarded as a new and separate offense.

(Prior code § 91.999)