Chapter 1. Animals

Sec. 5-1.01 Adoption by Reference of Contra Costa County’s Animal Control Code.

The Board of Supervisors of the County of Contra Costa, an agency of the State of California within the meaning of Government Code Section 50022.1, has adopted County Ordinances No. 80-97, 83-10, 85-23 and 87-74 being a codification of provisions for animal control services (and constituting Chapters 416-2 to 416-12 of Division 416 of the County Ordinance Code), and it is a code within the meaning of Government Code Section 50022.2; and certified copies of it are and have been on file with the City Clerk where they are open to public inspections, all as required by Government Code Section 50022.3. This Animal Control Code is hereby referred to and adopted by this reference as part of this Chapter, as provided for in Government Code Section 50022.2. (Ord. 343 § 2 (part), 1997: Ord. 277 § 1, 1988)

Sec. 5-1.02 Penalties.

(a) Pursuant to Food and Agriculture Code Section 31401, violations of Division 416 of the Contra Costa County Ordinance Code, including Section 416-10.010(b) but excepting Chapter 416-10 and Article 41612.2, are punishable by a fine of not more than Fifty Dollars ($50) for the first offense, and not more than One Hundred Dollars ($100) for the second or subsequent offense.

(b) Notwithstanding subsection (a) above, violation of Section 416-4.404, Abandonment, excluding abandonments under Section 416-8.014, is a misdemeanor and punishable as such.

(c) Violation of Chapter 416-10, Rabies Control, except for the provisions of Section 416-10.010(b), is a misdemeanor. Except as otherwise provided by state law, every misdemeanor violation is punishable, upon conviction thereof, by imprisonment in the County Jail for not over six (6) months and/or a fine of not over One Thousand Dollars ($1,000). (See Health and Safety Code Sections 1921, 1923, 1924; Penal Code Section 19.)

(d) Violation of Article 416.12.2, Nuisance, is an infraction. Except as otherwise provided by statute, every infraction is punishable, upon conviction thereof, by:

(1) A fine not exceeding One Hundred Dollars ($100) for a first violation;

(2) A fine not exceeding Two Hundred Dollars ($200) for a second violation of the same ordinance within one year;

(3) A fine not exceeding Five Hundred Dollars ($500) for each additional violation of the same ordinance within one year. (See Government Code Section 25132(b).) (Ord. 343 § 2 (part), 1997: Ord. 277 § 3, 1988)

Sec. 5-1.03 Request Enforcement in the City of Hercules.

The County Ordinance referred to and hereby adopted contains the provisions of those sections of the California Food and Agriculture Code referred to in Section 30501, and therefore this City Ordinance constitutes the City’s request that the provisions of this County Ordinance be applicable within this City, and they shall hereafter so apply, pursuant to Food and Agriculture Code Section 30501. (Ord. 343 § 2 (part), 1997: Ord. 277 § 4, 1988)