Chapter 6.36
ENFORCEMENT AND PENALTIES
Sections:
6.36.010 Enforcement.
A. Enforcement. It is the duty of the animal control officer of the city to enforce the provisions of this title, and for that purpose, he or she is designated a peace officer. Any police officer of this city shall also be responsible for enforcing the provisions of this title and any law relating to or affecting animals of the state of California and the city of San Jacinto.
B. Complaints. Upon receiving a complaint alleging a violation of this title and upon determining the name and address of the owner of the animal, if known, an investigation to determine whether a violation exists may be made. If the investigation discloses a violation of this title, prosecution may be initiated against the owner. Complainants’ identities may, if requested, be kept confidential to the extent permitted by law.
C. Investigations.
1. The ACO or any police officer may enter private property to investigate possible violations of and to enforce the provisions of this title and any law related to or affecting animals of the state of California and the city of San Jacinto.
2. Any person who interferes with, opposes or resists the ACO or other persons charged with the enforcement of this title while the ACO or such other person may be engaged in the performances of his or her duties is guilty of a misdemeanor.
D. Arrest and Citations. Each person referred to in subsection A of this section shall have the power to make arrest without warrant in the manner prescribed in Section 836.5 of the California Penal Code for violations of those provisions of this title and state law which he or she has a duty to enforce and to issue citations for such violations. Any person so arrested who does not demand to be taken before a magistrate may instead be cited in the manner prescribed in Chapter 5c (commencing with Section 853.5) of Title 3, Part 2 of the Penal Code. (Ord. 1060 § 1 (part), 1999: prior code § 6.36.010)
6.36.020 Violation—Penalty.
A. Infraction. Any person violating any provisions of this title is guilty of an infraction except as set forth in subsection B of this section, and upon conviction thereof shall be punished by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year;
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year.
B. Misdemeanor. Any person violating any provisions of Sections 6.08.010, 6.08.060, 6.08.070, 6.24.010, 6.24.020, 6.24.030, 6.24.040, 6.24.050, 6.24.060, 6.24.080(A), 6.24.090, 6.24.140, 6.24.150(B),
6. 36.010(C)(2), and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the county jail not exceeding six months or both.
C. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. 1060 § 1 (part), 1999: prior code § 6.36.020)