Chapter 6.32 — ENFORCEMENT

A.

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

When the officer has the express permission of the owner or occupant of the premises;

When the officer has probable cause to believe that any rabid, injured, sick, abandoned, mistreated or neglected animal is present;

When in pursuit of any animal at large in the city;

To seize and impound a potentially dangerous or vicious animal in accordance with Chapter 6.24 of this title;

When the officer 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 chapter;

When the officer observes a violation of this chapter occurring upon any building or upon any premises or property, or when entry on the building, premises or property is necessary to prevent a continuing violation of this chapter;

When the officer is aiding with the execution of a search and/or seizure warrant;

Upon exigent circumstances or for any other lawful reason.

B.

Before entering private property without the consent of the occupant, the officer shall make reasonable attempts to contact the occupant of the property, if possible.

C.

If none of the circumstances exists for entry on private property without a warrant, the officer shall obtain a warrant before entering private property.

D.

In no event shall entry on private property be more extensive than that necessary to seize the animal or to prevent further violations of this chapter or other animal services laws.

E.

Neither the animal services officer, the police officer, or the city shall be liable for any damages from a reasonable entry.

F.

Nothing in this section shall prevent an officer from entering private property during the performance of the officer's duties and under other legal authority.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

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

(Ord. No. 370, §§ 1, 2, 3-11-2015)

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

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

Notwithstanding the provisions of this chapter, the provisions of the California Food and Agricultural Code, Health and Safety Code, Penal Code, and Code of Regulations relating to animal health, control and care,

and rabies control, shall apply when such provisions are more stringent than the provisions of this chapter.

B.

If a section elsewhere in the municipal code is in conflict with a provision of this chapter, the more stringent provision shall apply.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

In performance of his/her duties, an animal services 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.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

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

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Fees will be charged for animal services and shall be as set forth by city fee schedule or by separate resolution.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

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

(Ord. No. 370, §§ 1, 2, 3-11-2015)

When an animal services officer or police officer responds to an animal at large, a menacing animal, or an animal creating excessive noise more than three times within a forty-eight hour period, the owner of the animal shall be liable for the cost to provide special services to respond to the animal at large, menacing dog or excessive noise. Charges shall include a reasonable charge for the officer's time, the actual cost of any equipment used or damaged, together with an additional ten percent for administrative overhead. These charges shall be computed and a bill submitted to the owner of the animal. The bill shall be a debt owed to the city and a failure to pay that bill within thirty days is a violation of the municipal code. If the city

is obligated to initiate litigation to recover this debt, the owner shall be liable for cost of suit, attorneys' fees, and cost of collection.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Violations of Title 6 shall be misdemeanors unless a particular section designates that a violation is an infraction. The city attorney may file any violation of this title deemed a misdemeanor as an infraction. Each and every day a violation exists is a separate offense.

(Ord. No. 370, §§ 1, 2, 3-11-2015)