Chapter 6.24
ENFORCEMENT

Sections:

6.24.010    Director of Animal Control Services—Arrest powers.

6.24.020    Director of Animal Control Services—Animal capture or dispatch powers.

6.24.030    Director of Animal Control Services—Inspection authority.

6.24.040    Property owners authorized to capture domestic animals when.

6.24.050    Badges for Director of Animal Control Services and deputies.

6.24.060    Statements by animal owners—Requirements.

6.24.070    Detention or destruction of certain animals—Conditions.

6.24.080    Interference with Director of Animal Control Services prohibited.

6.24.090    Violation—Penalties.

6.24.010 Director of Animal Control Services—Arrest powers.

Pursuant to the provisions of Section 830.9 of the Penal Code, the Director of Animal Control Services and his or her designated deputies are authorized to arrest a person without a warrant whenever he or she has reasonable cause to believe that the person has committed a misdemeanor in his or her presence which is a violation of this chapter and Chapters 6.04 through 6.12 and 6.20 SCCC or State law relative to animal control. Upon making such an arrest, the Director or his or her delegated deputy shall release the person arrested pursuant to Section 853.6 of the Penal Code, the provisions of which are adopted by reference as part of this section. The Director and his or her delegated deputies are further authorized to issue citations for any violation of this chapter and Chapters 6.04 through 6.12, 6.18 and 6.20 SCCC or State law relative to animal control and care. [Ord. 5118 § 2, 2012; Ord. 4490 § 12, 1998; Ord. 3728 § 34, 1986; Ord. 2259, 1976; Ord. 2170, 1975; prior code § 8.05.500(a)].

6.24.020 Director of Animal Control Services—Animal capture or dispatch powers.

The Director of Animal Control Services, or his or her designated deputies, are expressly authorized, when acting in the course and scope of his or her official duties, to capture or, if no other reasonable effective means of control is available, to humanely destroy any animal found at large in the act of violating SCCC 6.12.100 or 6.12.130. [Ord. 4490 § 12, 1998; Ord. 3728 § 34, 1986; Ord. 2259, 1976; Ord. 2170, 1975; prior code § 8.05.500(b)].

6.24.030 Director of Animal Control Services—Inspection authority.

The Director of Animal Control Services and his or her designated deputies are empowered to inspect and take necessary actions:

(A)    To stop all practices that cause animal torment or torture, or practices of cruelty on any animal, as such terms are defined in Section 599b of the California Penal Code. To ensure that minimum standards for animal housing and care are being provided, pet shops and kennels shall also be inspected and licensed. Subject to Board of Supervisors approval, the Director of Animal Control Services shall have the authority to promulgate regulations to enforce this section;

(B)    To ensure compliance with the biomedical livestock animal treatment standards set forth in SCCC 6.04.130. [Ord. 4524 § 2, 1998; Ord. 4490 § 12, 1998; Ord. 3728 § 36, 1986; prior code § 8.05.600].

6.24.040 Property owners authorized to capture domestic animals when.

Any person who finds any domestic animal upon his or her property without permission, or on public property in violation of this chapter and Chapters 6.04 through 6.12 and 6.20 SCCC, may use any reasonable and humane means to capture such animal and shall deliver it to the Director of Animal Control Services for impoundment. The Director shall encourage any person intending to capture an animal to first attempt to notify the animal’s owner, if the owner’s identity is known. [Ord. 4490 § 12, 1998; Ord. 3728 § 34, 1986; Ord. 2259, 1976; Ord. 2170, 1975; prior code § 8.05.500(c)].

6.24.050 Badges for Director of Animal Control Services and deputies.

The Director of Animal Control Services and his or her designated deputies, while engaged in the execution of their duties, shall wear in plain view a badge having, in the case of the Director, the words “Director of Animal Control Services,” and in the case of the deputy, the words “animal control officer” engraved therein. [Ord. 4490 § 12, 1998; Ord. 1220, 1966; prior code § 8.05.510].

6.24.060 Statements by animal owners—Requirements.

No person owning or having charge, care or control of any dog, cat or any animal shall fail or refuse to state his or her true name and residence address, or to exhibit evidence of any vaccination or license certificate when requested to do so by the Director of Animal Control Services, his or her designated deputies, the County License Collector, or any peace officer of this County or the County Health Officer. [Ord. 4490 § 12, 1998; Ord. 2170, 1975; Ord. 1220, 1966; Ord. 540, 1957; prior code § 8.05.530].

6.24.070 Detention or destruction of certain animals—Conditions.

(A)    Whenever the Director of Animal Control Services or his or her deputy lawfully impounds any animal and he or she has reasonable cause to believe that the impounded animal is a habitual offender as defined in SCCC 6.04.020(L), the Director shall declare the animal a habitual offender.

(B)    Whenever the Director of Animal Control Services or his or her deputy lawfully impounds any animal for acting as described in SCCC 6.04.020(W) (based upon the observations of the officer or the sworn written statement of one or more persons), the Director may declare the animal a vicious animal.

(C)    Upon declaring an animal either a habitual offender or vicious, the Director of Animal Control Services shall serve upon the owner of the animal either personally or by first-class mail with return receipt requested, written notice that such animal shall be destroyed or otherwise subject to appropriate mitigation measures, upon the expiration of the appeal period, unless the owner requests a hearing before the Animal Nuisance Abatement Appeals Commission. The notice shall contain: (1) the name, business address and telephone number of the person providing the notice; (2) the authority for the order; (3) a description of the animal, including any known identification upon the animal; (4) a copy of the complainant’s statement and report of the Director, if any; (5) a statement from the Director specifying whether the animal shall be destroyed or proposing mitigation measures and (6) notice of the owner’s right to request a hearing before the Commission to appeal the Director’s order by signing and returning the enclosed declaration of ownership or right to keep the animal to the Director within three days, excluding weekends and legal holidays, of the date on the notice. Having served said notice, the Director shall detain the animal at the owner’s expense until the animal is destroyed, or appropriate mitigation measures are ordered, or a hearing held. At the conclusion of the hearing, the Animal Nuisance Abatement Appeals Commission may order the animal’s destruction or it may order appropriate mitigation measures. If the Commission determines that the animal was not lawfully impounded, the animal shall be returned to its owner and no impound charges of any kind shall be imposed. Except as modified by the provisions of this section, the procedures established, and fees required by Chapter 2.66 SCCC shall govern any appeal to the Commission. [Ord. 4490 § 12, 1998; Ord. 4366 § 5, 1995; Ord. 4331 § 2, 1994; Ord. 2170, 1975; prior code § 8.05.540].

6.24.080 Interference with Director of Animal Control Services prohibited.

It is unlawful for any person to resist or interfere with the Director of Animal Control Services or his or her designated deputy in the discharge of their official duties. [Ord. 4490 § 12, 1998; Ord. 2170, 1975; Ord. 540, 1957; prior code § 8.05.520].

6.24.090 Violation—Penalties.

(A)    Violation of any of the provisions of this title, except for violation of SCCC 6.04.090, 6.04.100, 6.12.110, 6.12.132, 6.12.134, 6.12.136, 6.12.138, 6.12.140, 6.12.155, 6.20.020(E), 6.24.060 and 6.24.080, is an infraction punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same code provision that occurs within one year of the first violation, and a fine not exceeding $500.00 for each additional violation of the same code provision that occurs within one year of the first violation.

(B)    Violation of any of the provisions of SCCC 6.04.090, 6.04.100, 6.12.110, 6.12.132, 6.12.134, 6.12.138, 6.12.140, 6.12.155, 6.20.020(E), 6.24.060 and 6.24.080 is a misdemeanor and punishable as such by fine and/or imprisonment. [Ord. 5137 § 2, 2012; Ord. 4673 § 4, 2002; Ord. 4490 § 12, 1998; Ord. 3728 § 35, 1986; Ord. 3060, 1981; Ord. 2170, 1975; Ord. 1747, 1972; Ord. 1572, 1971; Ord. 1447, 1969; prior code § 8.05.550].