§ 6.02.190. Duties and powers of officers.

It shall be the duty of the Animal Services Officer to enforce all of the provisions of this Title, and other local and State laws relating to the regulation, care and/or keeping of animals. Animal Services Officers shall be empowered to:

a.

Receive, take up and impound any dog or other animal found running at large in violation of this Title, any other Title or of any law of the State of California.

b.

Issue a warning notice for, citation for, or investigate any violation of any provisions of any City Title or California law regarding the care or keeping of animals.

c.

Investigate whether a dog is licensed in compliance with the requirements of this Title.

d.

Seize or impound any animal as authorized by this Title or any other laws. When the animal to be taken or seized is located inside a private residence or in its curtilage, judicial order directing seizure of the animal shall, absent exigent circumstances, be obtained prior to seizure.

e.

Regularly and adequately feed, water and otherwise care for any animals impounded under the provisions of this Title or any other law, or to provide for such feeding and/or watering and care.

f.

Humanely provide emergency care, or destroy as needed, sick or injured animals. Any Animal Services Officer may arrest a person without warrant whenever he/she has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his/her presence, or a felony which is in violation of this Title or any other laws governing animals or regulating the care and/or keeping of animals. In any case in which a person arrested, does not demand to be taken before a magistrate: 1) regarding any infraction, such officer or employee making the arrest shall prepare a written Notice to Appear and shall release the person on his/her promise to appear, as prescribed by Sec. 853.5 of the California Penal Code; 2) regarding a misdemeanor, such officer or employee may prepare a written Notice to Appear and may release the person on his/her written promise to appear, as prescribed by California Penal Code Section 853.6. Nothing in this Title shall prevent the Animal Services Officer from acting, when he/she deems it appropriate to do so, under the applicable provisions of California Penal Code, Section 597, et seq.

The City Council may enter into a written agreement or agreements with any veterinarian, organized humane society, association, person, corporation or organization which will undertake to carry out the provisions of this Title and maintain and operate a shelter, and which will license, take up, impound and dispose of animals. Any such veterinarian or society or association which shall enter into such an agreement shall carry out all of the provisions of this Title in the manner herein prescribed.

(Ord. 960, 10/20/09; § 1)