Morgan Hill Municipal Code Ch. 6.08 Administration and Enforcement

Footnotes:

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Editor's note— Ord. No. 2276 N.S., § 17, adopted May 2, 2018, amended Ch. 6.08 to read as set out herein. The former Ch. 6.08, §§ 6.08.010—6.08.030, pertained to similar subject matter and derived from Ord. 553 N.S., § A(part), adopted in 1981; Ord. 822 N.S., §§ 2—4, adopted in 1987; Ord. 1209 N.S. (part), adopted in 1995; Ord. 1320 N.S., § 4, adopted in 1997; Ord. 1442 N.S., §§ 5, 6, adopted in 1999; Ord. 1518 N.S., § 2, adopted in 2001; Ord. 1838 N.S., § 1(part), adopted in 2007; and Ord. 1950 N.S., § 2, adopted Oct. 7, 2009.

The administrator, any peace officer, and any animal service officer acting in and for the city shall have the following powers and authority:

A. To enforce the provisions of Chapter 6.04 through 6.32 of this title and state laws relating to the care, treatment, impounding and destruction of animals;

B. To arrest or issue citations to any person who violates any provision of Chapter 6.04 through 6.32 of this title and state laws relating to the care, treatment, impounding and destruction of animals in the manner provided by Section 836.5 of the Penal Code of the state;

C. To collect fees as authorized by implementing resolution in an amount sufficient to defray the costs of various services required for the execution of animal control services beyond licensing fees and which shall be paid by the owner or person in charge thereof, if known;

D. To act as a public officer pursuant to Food and Agricultural Code, Section 7;

E. The administrator, pursuant to Section 14503 of the California Corporations Code of the state, may deputize as animal service officer any humane officer of the Humane Society of Santa Clara County;

F. The administrator may formulate rules and regulations in conformity with and for the purpose of carrying out the intent of Chapters 6.04 through 6.32 of this title.

(Ord. No. 2276 N.S., § 17, 5-2-2018)

A. The administrator, animal service officer or any peace officer shall have the power to enter upon and inspect any premises where any animal is kept or harbored when the administrator, animal service officer or any peace officer has probable cause to believe there has been a violation of the provisions of Chapters 6.04 through 6.32 of this title.

B. Such entry and inspection shall be made only after the occupant of the premises has been given written and oral notice of the inspection by the administrator, animal service officer or peace officer. If the land is unoccupied, the administrator, animal service officer or peace officer shall make a reasonable effort to locate the owner or other person having control of the property before making entry.

C. Notwithstanding the foregoing, if the administrator, animal service officer or peace officer has reasonable cause to believe the keeping or maintaining of any animal is so hazardous as to require an immediate inspection to save the animal or protect public health or safety, he or she shall have the power to immediately enter and inspect the property without the use of unreasonable force. If the property is occupied, the administrator, animal service officer or peace officer shall first attempt to notify the occupant and demand entry.

(Ord. No. 2276 N.S., § 17, 5-2-2018)

A. It is unlawful to violate or permit the violation of any of the provisions of Title 6.

B. For purposes of this title, a bail forfeiture shall be deemed to be a conviction of the offense charged.

C. Violation of Section 6.12.020 or Section 6.24.030 by the owner of an unsterilized dog shall be twice the fine for a sterilized dog. However, if an owner voluntarily sterilizes such dog within fifteen days of receiving a citation, and provides veterinary evidence to the animal service officer that such surgery was successfully performed, the enhanced fine shall be waived and the owner shall only remit the fine for a sterilized animal.

D. In addition to any other relief, any reasonable costs incurred by the City in seizing, impounding and for confining any dangerous animal shall be a charge against the owner. Such charge shall be in addition to any fine or penalty provided for violations of this chapter.

(Ord. No. 2276 N.S., § 17, 5-2-2018)