Chapter 8.12
ADMINISTRATION--PENALTIES--APPEAL PROCEDURE

Sections:

8.12.010    Jurisdiction.

8.12.020    Responsibility.

8.12.030    Rules and regulations.

8.12.040    Authority to arrest.

8.12.060    Authority to use tranquilizer gun.

8.12.070    Administrative appeal.

8.12.080    Violation--Penalty.

8.12.090    Continuing violation--Separate offense for each day.

8.12.010 Jurisdiction.

All functions and duties of the Amador County department of animal control, including without limitation the animal control director, animal control officers, the animal shelter, and department personnel, shall be under the supervision of the Amador County board of supervisors.  (Ord. 1436 §1(part), 1997).

8.12.020 Responsibility.

The animal control director is responsible for the enforcement of this title, and his/her duties shall include, but not be limited to, the following:

A.    To administer the Amador County animal shelter and keep such records as may be required by the board;

B.    To take up and impound animals which are in violation of this title.  The foregoing notwithstanding, whenever any animal control officer has knowledge of any live stock at large on any public highway or in any other public place said officer shall go to the site and turn said livestock into the nearest appropriate fenced pasture or other enclosure.  First priority shall be the owner's pasture or enclosure.  The officer shall notify the livestock's owner, if the owner is known or can be identified, of the livestock's location and shall notify the pasture owner (if different from the livestock owner) of the presence of the livestock in his/her pasture or enclosure.  If necessary for the protection of the public the officer shall impound the livestock at any appropriate place at the owner's expense.  While the livestock is on a public highway or in a public place, the officer shall take reasonable precautions to warn motorists or others of the presence of the livestock.  The owner's allowing of livestock to be at large on any public highway or in any other public place shall constitute a misdemeanor.

C.    To remove and dispose of the carcass of any animal found on any county road, street, alley, or other public place; provided, however, that this duty shall not apply to any private property, nor to state highway or other state public place over which the state or CalTrans has jurisdiction to perform those duties unless otherwise directed by the county;

D.    To quarantine animals and to cooperate in that regard with the health officer; and

E.    To administer licensing program as provided for in this title.  (Ord. 1436 §1(part), 1997).

8.12.030 Rules and regulations.

The animal control director may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of this title, and compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any license or permit provided for in this title.  (Ord. 1436 §1(part), 1997).

8.12.040 Authority to arrest.

In the performance of his/her duties, the animal control director and each animal control officer shall have the authority and immunities of public officers and employees, as set forth in Penal Code Section 836.5, to make arrests, and to issue citations without a warrant whenever he/she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his/her presence which is a violation of any of the provisions of this title, or of any ordinance or statute which he/she has the duty to enforce.  (Ord. 1436 §1(part), 1997).

8.12.060 Authority to use tranquilizer gun.

In the performance of his/her duties, the animal control director and each animal control officer shall have the authority to use a tranquilizer gun and any and all other animal control equipment, services, and techniques commonly used by other animal control agencies located within this state.  (Ord. 1436 §1(part), 1997).

8.12.070 Administrative appeal.

Any person aggrieved by any decision or action resulting from the application of this title may appeal to the board of supervisors.  Such appeal must be in writing and must be received by the clerk of the board not more than fifteen days after the person aggrieved has actual notice of such action.  (Ord. 1436 §1(part), 1997).

8.12.080 Violation--Penalty.

Except as otherwise provided in this title, any person violating any provision of this title is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not more than five hundred dollars, or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.  (Ord. 1436 §1(part), 1997).

8.12.090 Continuing violation--Separate offense for each day.

Every person violating any provision of this title is guilty of a separate offense for each day or portion thereof during which such violation continues, and is punishable therefor as provided in Section 8.12.080.  (Ord. 1436 §1(part), 1997).