Redding Municipal Code Ch. 7.28 Seizure of Inhumanely Treated Animals

Pursuant to subdivision (1) of Section 597.1 of the California Penal Code, the Council determines and declares that:

1. Section 597f of the California Penal Code shall not be operative within the city; and

2. Section 597.1 of the California Penal Code shall be operative within the city, and is included in and made a part of this code as though set forth at length herein. The phrase "within the city" shall take its meaning by reference to the location of the affected animal(s), or the residence of the owner or holder of the animal(s), or both.

(Ord. 2125 § 1 (part), 1995)

The executive director of the Haven Humane Society, acting pursuant to the contract between the city and the Haven Humane Society for the provision of animal control services, is authorized to appoint a hearing officer in each case where a hearing is required pursuant to Penal Code Section 597.1, in accordance with the provisions of subdivisions (f)(2) and (g)(2) thereof; and to prepare and maintain a list of persons who have volunteered to act as hearing officers. If the executive director elects not to designate an employee of the seizing agency to act as the hearing officer, he may select any person from the list to act as the hearing officer in a particular case.

In the absence of a contract with the Haven Humane Society, the city manager shall appoint a hearing officer.

(Ord. 2125 § 1 (part), 1995)

Hearings shall conform to the provisions of Section 597.1 of the California Penal Code. Hearings may be informal and shall not be subject to formal rules of evidence. Hearings shall be tape recorded, and the tapes shall be maintained by the executive director of the Haven Humane Society in accordance with law.

(Ord. 2125 § 1 (part), 1995)

If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provisions or application, and, to this end, the provisions of this chapter are declared to be severable.

(Ord. 2125 § 1 (part), 1995)