8.01. ANIMAL - CONTROL AND WELFARE DEFINITIONS AND GENERAL

Unless the context requires otherwise, the following words, when used in this chapter, shall have the meaning set forth in this section. Variants of defined terms shall be construed in the same manner as the defined terms themselves.

Animal means any vertebrate creature, domestic, exotic or wild, including, but not limited to, birds, fishes, reptiles and nonhuman mammals.

Animal control officer means any person appointed by the city as an authorized agent who is qualified to perform such duties under the laws of this state.

Animal establishment means any pet shop, grooming shop, animal auction, riding school or stable, zoological park, circus, performing animal exhibition, kennel or animal shelter.

Animal exhibition means any display containing one or more animals which are exposed to public view for entertainment, instruction or advertisement, excluding fairs, livestock shows, rodeos, purebred dog and pedigree cat shows, obedience trials and competitions, field trials, and any other fair or exhibition intended to advance agricultural arts and sciences.

Animal services mean the city-funded program that provides staffing, facilities and resources to operate the city animal control and animal shelter operations.

Animal shelter means any nonprofit private or publicly owned facility authorized to impound or care for animals held under the authority of this chapter or State law.

Assistance dog means any dog, such as a guide dog, signal dog or service dog as defined in California Food and Agriculture Code, Section 30850(a)

At large means the status of any animal, other than a wild animal in its established habitat which is not tethered or otherwise confined on the property where it is authorized to be, or which is not on a leash held by a person physically capable of restraining such animal, or is not otherwise physically restrained to the same extent by some other device.

Attack means any action by an animal which places a person in danger of immediate bodily harm.

Breeder means an owner/lessor/breeder of any animal, including fowl, who is licensed by the city to breed animals for resale, individually or in litter lots, whether any of these animals are also kept for personal use.

Caretaking shall mean the temporary act of housing, caring for or sheltering any animal at a location which is legally owned by another party.

Carnival means any commercial variety show exhibiting or presenting animal acts for public entertainment.

Cattery means any building, structure, enclosure or premises upon or within which four or more cats, four months or older, are kept or maintained.

Circus means any commercial variety show exhibiting or presenting animal acts for public entertainment.

Commercial purposes means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling animals.

Complaining party. Person or persons who contact the animal control division regarding any matter relating to animal welfare or any potential violation relating to this ordinance.

Coop means any small enclosure which is designed and intended for the safe containment of small animals or fowl of such a size as to allow the confined small animal or fowl adequate room to move about freely within the enclosure. At minimum, the coop shall provide three square feet of area for each animal

contained therein, as well as the ability to provide for an adequate source of clean drinking water as well as separation of animal wastes from the animal.

Dangerous animal [means] any animal which does any of the following:

Any animal that has twice within a 36 month period in two separate incidents has, actively pursued, attacked, bitten or otherwise caused a less severe injury than a "substantial injury", to another person or animal engaged in lawful activity; or,

Any animal which has once attacked, bitten, or otherwise caused injury to a person or animal engaged in lawful activity, resulting in substantial injury or death to an animal or substantial injury to a person; or,

Any animal that has been previously declared a "potentially dangerous animal" and the owner has failed to restrain the animal as so directed by the animal control officer; or,

Any animal which has been declared a "potentially dangerous animal" as defined by California state law during any legal proceeding.

Dog kennel means any building or premises upon or within which five or more dogs, four months of age or older, are kept or maintained.

Domesticated animal means a cat, dog, rabbit, mouse, turtle, fish, bird of the parrot family and/or a caged reptile which is permanently maintained within a residence.

Euthanasia means the humane death of an animal brought about by an authorized person and by a method approved by the senior animal control officer and local veterinary doctors.

Exigent circumstances means any circumstances in which an animal control officer, in his or her best judgment, determines that a life threatening or serious injury is likely to occur, if immediate action is not taken. For the purposes of this title, examples of exigent circumstances include, but are not limited to, where an animal may die if not immediately transported to a veterinarian, or an animal may bite and seriously injure a human or other animal if not immediately impounded, or an animal may die if an officer does not immediately enter property to rescue the animal.

Exotic animal means any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, nonhuman primate (monkey, chimpanzee, etc.), wolf, coyote, fox, opossum, raccoon, ferret, weasel, cougar, badger, lynx, bobcat, ocelot, wildcat, skunk, emu, leopard, panther, a hybrid animal or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity.

Fostering shall mean the act of housing, caring for or sheltering any animal on a temporary basis, for the purpose of securing a permanent home for said animal or for arranging the permanent adoption of said animal

Fowl means any animal which is a bird including pigeons, ducks, geese, turkeys, chickens, peacocks and roosters.

Guide dog means a properly trained dog which has been certified, or is in training to be certified, by a licensed guide (seeing eye) dog agency and is actually being used by a sight-impaired person.

Impounded means the status of an animal which has been received into the custody of an animal control officer or peace officer duly authorized by the law to receive custody of such animal, whether held in personal custody, in an animal shelter, or in a vehicle controlled by such officer.

Infectious disease means any infectious, contagious or communicable disease sufficiently dangerous to the public health or to the health of animals within the city to warrant putting into effect the provisions of this title and any rules or regulations adopted pursuant thereto.

Large animal means any horse, ostrich, sheep, goat, swine, bovine, ox, buffalo, cattle, llama, donkey and/or mule.

Licensed animal means an animal in respect to which a current valid license has been issued by the city or other agency of competent jurisdiction.

Livestock means any domesticated animal, other than a dog, cat or fish, including a horse, sheep, rabbit, goat, swine, bovine, ox, buffalo, cattle, ostrich, peacock, buffalo, chicken, pigeon, duck, goose, turkey, llama, donkey or mule which is kept in captivity under the control or ownership of any person for any purpose.

Noisy animal. Any animal or animals maintained on the same premises or location whose excessive, unrelenting or habitual barking, howling, crying or other noises or sounds annoy or become offensive to a resident or residents in the vicinity thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person of normal sensitivity hearing such sound

Nuisance means a condition in which an animal: damages, soils, defiles or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous or offensive conditions; causes a disturbance by excessive barking or other noise making if confirmed by three independent witnesses; or chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property.

Official police dog means any canine trained for law enforcement purposes, when used by the police department for such purposes, and when so designated by the police chief by the issuance of distinguishing tags.

Owner means any person (except where a particular status is compelled by the context in which used) keeping, harboring, in possession of, or having custody or control over any animal; any person having title to any animal; any person who has, harbors or keeps, or who causes or permits to be harbored or kept, an animal in the person's care; or any person who permits an animal to remain on or about the person's premises for a period of 30 consecutive days or more.

Performing animal exhibition means any spectacle, display, act or event, other than circuses, in which performing animals are used. This shall include animal amusement vendors such as but not limited to, pony-go-round rides, horseback pictures, performing elephants, etc.

Permit means an authorization from the city stipulating conditions under which animals may be kept in commercial and private establishments.

Permitted facility means any physical location which engages in "commercial purposes" as defined in this chapter; provided that the facility complies with the city's zoning and land use requirements.

Person means any individual, firm, business, partnership, joint venture, corporation, association, club, organization or other legal entity.

Pet means any animal kept for pleasure rather than utility.

Pet shop means any person, whether operated separately or in connection with another business enterprise, except for a permitted and licensed kennel or cattery, that buys, sells, or boards any species of animal.

Pigeon means any bird described as a pigeon, homing pigeon or racing pigeon.

Potentially dangerous animal means any of the following:

Any animal which has once actively pursued, attacked, bitten or otherwise caused a less severe injury than a "substantial injury" to another person engaged in a lawful activity; or,

Any animal which has once attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" to another animal; or,

Any animal that is found actively pursuing livestock, poultry, dogs, cats or animals as defined within the chapter; or,

Based on evidence presented to the animal control officer upon investigation, that in the animal control officer's professional judgment, the animal is potentially dangerous.

Public entity means any state or any political subdivision, municipal corporation, body politic, public corporation or agency of a state.

Public nuisance means any animal or animals which: (a) molests passersby or passing vehicles; (b) attacks other animals; (c) trespasses on school grounds; (d) is repeatedly at large; (e) damages private or public property; or (f) barks, whines or howls in excessive, continuous or untimely fashion.

Quarantine means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the senior animal control officer.

Responsible party shall mean any of the following:

The person or persons who own the property where the animal is located;

The person or persons in charge of the premises where the animal is located;

The person or persons occupying the premises where the animal is located;

The owner of the animal.

Secure enclosure means a fence or structure suitable to prevent the entry of young children and/or any part, limb or appendage of any child, and which is suitable to confine a potentially dangerous animal or a vicious animal in conjunction with other measures which may be taken by the owner or keeper of the animal or at the direction of the senior animal control officer. The enclosure shall be designed to prevent the animal from escaping and from preventing an adult or child from coming into contact with the animal. Chains, where a person can walk within the length of the chain, an electronic collar or an invisible fence are not sufficient restraints or enclosures. Such an enclosure must also comply with all city planning requirements for fencing and enclosures including, but not limited to, requirements for zoning, design, height and materials used.

Senior animal control officer means the supervising animal control officer of the city or the person duly authorized by such officer to enforce the provisions of this chapter.

Service dog [means] any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The tasks performed by the dog must be directly related to the person's disability as set forth within the American's with Disabilities Act (ADA).

Signal dog means any dog trained or being reared, trained or used for the purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds.

Small animal means any rabbit, turtle, chinchillas, or other similarly sized animal.

Substantial injury means a substantial impairment of the physical condition of a person that requires professional medical treatment, including, but not limited to: loss of consciousness, concussion, bone fracture, protracted loss or impairment of the function of any bodily member or organ, tissue tears or punctures, disfiguring lacerations, a wound requiring multiple sutures, or any injury requiring corrective or cosmetic surgery.

Vaccination means an inoculation with a vaccine against rabies, in accordance with requirements of section 121690 of the California Health and Safety Code.

Veterinarian means a person holding a currently valid license to practice veterinary medicine, dentistry and surgery.

Vicious animal means any animal that:

Has previously been declared a "dangerous animal"; or,

Has caused "substantial injury" or death to a person; or,

Has been kept, owned, trained or possessed for the purpose of being engaged in an exhibition of fighting with another dog as defined in Penal Code Section 597.5; or,

In the opinion of the senior animal control officer, poses an immediate threat to health and safety of persons or animals.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

It is the duty of all peace officers within the city, to cooperate with and assist the senior animal control officer or their designee, environmental health senior animal control officer or their designee and the senior animal control officer or their designee in the enforcement of the provisions of this chapter, and in the enforcement of California State Law relating to the regulation, care and/or keeping of animals, and such peace officers and the senior animal control officer or their designee shall be empowered to:

(1)

Receive, take up and impound:

a.

All animals which are creating a public nuisance, or which are found running at large in violation of this chapter, of any other ordinance or of any law of the State of California;

b.

All potentially dangerous animals, dangerous, or vicious animals;

c.

All animals which, without provocation or direction, may be threatening the safety of any person or other animal, whether or not the threatening animal is a potentially dangerous animal, dangerous animal, or vicious animal.

(2)

Issue a warning notice for, citation for, or investigate any violation of any provisions of any city ordinance or California law regarding the care or keeping of animals;

(3)

Investigate whether a dog is licensed in compliance with the requirements of this chapter;

(4)

Seize and impound any animal as authorized by this chapter or any other City of Perris Ordinance or state law. When the animal to be taken or seized is located inside a private residence or in its curtilage, a judicial order directing seizure of the animal shall, absent exigent circumstances, be obtained prior to seizure;

(5)

Investigate the condition and behavior of any animal alleged or believed to be potentially dangerous, dangerous, vicious, abused or abandoned and take such action under this chapter as may be appropriate;

(6)

Regularly and adequately feed, water and otherwise care for any animals impounded under the provisions of this chapter, other ordinance or state law or to provide for such feeding and/or watering and care;

(7)

Humanely destroy or give emergency care to sick or injured animals. Any dog, cat or other animal which is abandoned, neglected, sick, lame, feeble, is unfit for the labor it is performing, or that in any manner is being cruelly treated may be impounded and disposed of in a humane manner as hereinafter provided:

a.

Whenever any peace officer or animal control officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall immediately seize the animal and comply with the procedure established in Subsection 8.01.020(a) (7)c. of this chapter. In all other cases, the officer shall comply with the procedure established in 8.01.020(a) (1) of this chapter. In all other cases, the officer shall comply with the provisions of subsection 8.01.020(a) (7)d. of this chapter. The cost of caring for and treating any animal properly seized under this chapter shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, unless the hearing officer determines that the seizure was unjustified.

b.

Whenever an animal control officer or peace officer seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings provide the owner or keeper of the animal, if known or ascertained after reasonable investigation, with the opportunity for a post seizure hearing as hereinafter provided to determine the validity of the seizure or impoundment, or both.

The health department shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:

i.

The name, business address, and telephone number of the officer providing the notice.

ii.

A description of the animal seized, including any identification upon the animal,

iii.

The authority and purpose for the seizure, or impoundment, including the time, place, and circumstances under which the animal was seized.

iv.

A statement that, in order to receive a post seizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the health department within ten days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail.

v.

A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.

The post seizure hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The hearing shall be conducted in accordance with the provisions of subsection 8.01.020(7)(a)g. of this chapter.

Failure of the owner or keeper, or of his or her agent, to request a hearing within the prescribed time period, or to attend a scheduled hearing, shall result in forfeiture of any right to a post seizure hearing or right to challenge his or her liability for costs incurred.

The health department, or law enforcement agency that directed the seizure shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the post seizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal, and the animal shall not be returned to its owner until the charges are paid and the seizing agency or hearing officer has determined that the animal is physically fit or the owner demonstrates to the seizing agency's or the hearing officer's satisfaction that the owner can and will provide the necessary care.

c.

Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings the health officer shall provide the owner or keeper of the animals, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal. The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the agency to view the animal upon request of the agency, or unless the owner can provide verification that the animal was humanely destroyed. Any person who willfully fails to

produce the animal or provide the verification is guilty of an infraction, punishable by a fine of not less than $250.00 no more than $1,000.00.

The health department or law enforcement agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice stating the grounds for believing the animal should be seized. The notice shall include all of the following:

i.

The name, business address, and telephone number of the officer providing the notice.

ii.

A description of the animal to be seized, including any identification upon the animal.

iii.

The authority and purpose for the possible seizure or impoundment.

vi.

A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice.

v.

A statement that the cost of caring for and treating any animal properly seized is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request a hearing within the prescribed time period, or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.

The pre-seizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of this request. The hearing shall be conducted in accordance with the procedure established in subsection 8.01.020(a)(7)g. of this chapter.

Failure of the owner or keeper, or his or her agent, to request a hearing within the prescribed time, period or to attend a scheduled hearing, shall result in a forfeiture of any right to a pre-seizure hearing or right to challenge his or her liability for costs incurred pursuant to this chapter.

d.

If any animal is properly seized under this chapter, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal. Furthermore, if the charges for the seizure or impoundment and any other charges permitted under this chapter are not paid within 14 days of the seizure, or, if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this chapter and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of by the impounding officer.

e.

If the animal requires veterinary care and the seizing agency is not assured, within 14 days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the impounding officer. A veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably ill or crippled. A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.

f.

No animal properly seized under this ordinance shall be returned to its owner until, in the determination of the seizing agency or hearing officer, the animal is physically fit or the owner can demonstrate to the seizing agency's or hearing officer's satisfaction that the owner can and will provide the necessary care.

g.

All hearings conducted pursuant to this ordinance shall be conducted by the city's administrative hearing officer ("hearing officer"), who shall not have been directly involved in the subject action and shall not be subordinate in rank to the person seizing or impounding the animal. Hearings shall be conducted in the following manner:

The hearing officer may continue the hearing for a reasonable period of time, if the hearing officer deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance.

The city shall have the burden of proof to establish, by a preponderance of evidence, the existence of the condition or conditions which give rise to the need for the seizure or impoundment.

In a case where the city is also seeking to terminate the owner's rights in the animal, the city shall have put the owner or keeper of the animal on due written notice thereof and shall establish the existence of the owner's or keeper's acts or omissions resulting in cruelty or neglect to the animal by clear and convincing evidence to a reasonable certainty.

The city shall present its case first, followed by the party against whom the seizure or impoundment is being proposed. The city may present rebuttal in the discretion of the hearing officer.

Oral evidence shall be taken only on oath or affirmation.

Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any other matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness, and to rebut evidence.

The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized in the hearing. Irrelevant and unduly repetitious evidence shall be excluded.

At the conclusion of the hearing, each side shall be given an opportunity to summarize its position.

Within three working days after the conclusion of the hearing, the hearing officer shall render, in writing, his findings, decision and order thereon, and shall give notice, in writing, of said findings, decision and order to the owner or custodian of the animal.

In the event a sufficient quantum of evidence presented at the hearing supports a determination for seizure, impoundment, and/or termination of the owner's rights in the animal, the hearing officer as a part of his decision may order, but is not limited to ordering, that one or more of the following actions be undertaken:

i.

That the owner's and/or custodian's rights in the dog, cat or other animal are terminated.

ii.

That the owner or custodian of the dog, cat or other animal shall remove the animal(s) from the premises by a specified date.

iii.

That city personnel after a specified date, shall impound the animal or animals.

vi.

That the city shall sell, give away, or otherwise dispose of, the animal(s) with the owner or custodian of the animal(s) being responsible to reimburse the city or agency as designated by the city for all costs and expenses including, but not limited to, board, care, veterinary services, and costs of disposal. If the animal(s) are sold, the proceeds from the sale shall go to the city or agency as designated by the city.

A decision upholding seizure or impoundment shall become effective upon issuance.

A decision terminating an owner's rights in the animal shall become effective 30 days from the date the decision is mailed unless a stay of execution is granted.

h.

Every such, disabled, infirm or crippled animal, except a dog or cat, abandoned in any part of the City of Perris may be immediately killed by the city or law enforcement agency or their designees if, after a reasonable search, no owner of the animal can be located. It shall be the duty of all peace officers and animal control officers to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned.

i.

Any peace officer, humane society officer, or animal control officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment.

If the owner does not redeem the animal within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal.

Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency clinic which is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility.

If the veterinarian determines that the animal shall be hospitalized under proper care and given emergency treatment, the costs of any services which are provided pending the owner's inquiry to the responsible

agency or department shall be paid from the dog license fees, fines, and fees from impounding dogs in the city, county, or city and county in which the animal was licensed or, if the animal is unlicensed, shall be paid by the jurisdiction in which the animal was found, subject to the provision that this cost be repaid by the animal's owner. The cost of caring for and treating any animal seized under this section shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decision which he or she makes or for services which he or she provides pursuant to this section.

An animal control agency which takes possession of an animal pursuant to subsection 8.01.020(a)(7)i. of this chapter shall keep records of the whereabouts of the animal for a 72 hour period from the time of possession, and those records shall be available for inspection by the public upon request.

j.

Notwithstanding any other provision of this section, any peace officer or any animal control officer may, with the approval of his or her immediate superior, humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to dispose of the animal.

k.

Every owner, driver or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square or lot within the boundaries of the City of Perris without proper care or attention shall be guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense of each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted. Any individual convicted of a violation of this title shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation.

l.

Upon the conviction of a person charged with a violation of this ordinance, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer for proper disposition. A person convicted of a violation of this chapter shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. This chapter shall not prohibit the seizure or impoundment of animals as evidence as provided for under any other provision of law.

m.

This chapter is not intended, nor shall it be construed in any way, to affect sections 31101 or 31752 of the Food and Agriculture Code.

(b)

Any peace officer, division officer, the senior animal control officer or their designee, the environmental health senior animal control officer or their designee, or the senior animal control officer or their designee charged with the responsibility for enforcement of the provisions of this chapter, or other ordinance or state law governing animals may arrest a person without warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his or her presence, or a felony which is in violation of this chapter or other ordinance governing animals or California law regulating the care and/or keeping of animals.

(c)

In any case in which a person arrested does not demand to be taken before a magistrate: (1) regarding any infraction, such officer or employee making the arrest shall prepare a written notice to appear and shall release the person on his/her promise to appear, as prescribed by section 853.5 of the California Penal Code; (2) regarding a misdemeanor, such officer or employee may prepare a written notice to appear and may release the person on his or her written promise to appear, as prescribed by California Penal Code