Soledad Municipal Code Ch. 6.08 Administration

The position of chief animal control officer is established. The chief of police is designated ex officio chief animal control officer. The chief animal control officer and persons performing their duties under his supervision and control (including persons designated as humane officers under Section 607f of the Civil Code by a humane society which has contracted with the city to provide animal care or protection services within the city limits), as well as any peace officer, have the duty to enforce the provisions of this title and shall have the power to arrest persons violating any of the provisions of this title as provided in Section 836. 5 of the Penal Code.

(Prior code § 3-3)

No person shall rescue or attempt to rescue any animal mentioned in this title from the possession of the chief animal control officer nor interfere with the chief animal control officer or his deputies in the performance of their official duties.

(Prior code § 3-4)

A. The chief animal control officer, any officer or employee thereof or other duly designated representative of the city or peace officer has the right to make an inspection to enforce the provisions of this title or other applicable law by entering into any building or upon any property within the city 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 title or other applicable law; provided, that:

1. If the building and/or property is occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefor; and if the 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;

2. If entry into the building or upon the property is refused, the chief animal control officer, any officer or employee or other duly designated representative of the city or any peace officer shall obtain an inspection warrant pursuant to Sections 1822.50 through 1822.57 of the Code of Civil Procedure, for the entry and inspection of the building and/or the property;

3. Notwithstanding the foregoing, if the chief animal control officer, any officer or employee thereof, or other duly designated representative of the city or any peace officer has reasonable cause to believe that the keeping or the maintaining of any animal is hazardous, unsafe or dangerous, so as to require immediate inspection to safeguard the animal or the public health or safety, he has the right to immediately enter and inspect the building and/or property, and may use any reasonable means required to effect the entry and make the inspection, whether the 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.

B. This section shall not prohibit the chief animal control officer, any officer or employee thereof or any peace officer from entering upon any public or private property in the city for the purpose of capturing an animal running at large in violation of this title or other applicable law. Any person who denies, prevents or obstructs, or attempts to deny, prevent or obstruct, such capture is guilty of a misdemeanor.

(Prior code § 3-5)

The requirements of this title are in addition to, and not in limitation of, the requirements of the city zoning ordinance. Any license or permit issued pursuant to this title ceases to be valid if the use for which the license or permit was granted becomes a prohibited use for the zone in which it is then located. If the use for which a license or permit was granted becomes one requiring the issuance of a use permit, the use is not valid unless a use permit is obtained.

(Prior code § 3-37)