Chapter 6.32 — ADMINISTRATION AND ENFORCEMENT

A.

Establishment. The office of the director of animal control services is established. The director of animal control may be either a town official, person, firm, association, corporation, or another municipality, as determined by the town 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 town council.

B.

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

To impound any and all stock found running at large upon the streets, alleys or public places within the town 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 title, then the director of animal control is authorized to advertise and to sell the same in the manner provided by state law for estrays;

To apprehend and impound any animal as authorized by the provisions of this title, using all force deemed by the director of animal control necessary to accomplish that end. The use of force, as authorized in this title, 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;

To hold any dog not wearing a town license tag, or impounded cat, 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;

To ascertain from the town's license records the owner of an impounded dog wearing a town 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 title;

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

To pay to the administrative services director, at the time and in the manner prescribed by the town manager, 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;

To enforce the provisions of this title; provided, however, all members of the police department are also authorized to enforce such provisions;

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

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

To hold animals needed by the town 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;

To enforce any other sections of this title whether enumerated as a duty or not;

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 care or treatment of any animal by the town, 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 town for its cost for veterinarian service for such animal. (Ord. 127 §1(part), 1984: Ord. 123 §1(part), 1984: Ord. 73 §2(part), 1982; Ord. 57 §2, 1982)

The town 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 town animal shelter.

(Ord. 123 §1(part), 1984)

It is unlawful to interfere with, oppose or resist any authorized person collecting or impounding dogs under the provisions of this section. 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 section, after previous written notice to the dog owner, to comply with the provisions of this section; provided, that previous written notice shall not be required in the case of a biting dog or a suspected rabid dog. Nothing contained in this section shall authorize a violation of constitutional immunity from search and seizure. (Ord. 57 §10, 1982)

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 title, and it shall be their duty to issue citations for violations of any of the provisions of this title. The director of animal control shall enforce all of the laws of the town, county, and state relating to the care, treatment, impounding or other conditions of animals and to the prevention of cruelty to animals. (Ord. 123 § 1(part), 1984)

The director of animal control, any officer or employee thereof or other duly designated representative of the town, 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 town 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 other 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 a reasonable effort to locate the owner thereof or other 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 town, 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 town, 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 town 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 title 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 purpose of conducting such inspections as are required by this title or other applicable law. (Ord. 123 §1(part), 1984: Ord. 107 §1(part), 1983)

Any person violating any of the provisions of this title shall be guilty of an infraction with fines pursuant to Government Code § 36900. Any additional violation of this title within one year of the first violation may be prosecuted by the town attorney as a misdemeanor with a fine not to exceed one thousand dollars and/or six months in the county jail; and provided, however, the town attorney shall have the discretion to reduce the misdemeanor to an infraction. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such.

(Ord. 123 §1(part), 1984: Ord. 107 §1(part), 1983: Ord. 76 §8, 1982: Ord. 57 §12, 1982; Ord. No. 401, § 5, 8- 26-2003)