A. In accordance with Section 836.5 of the California Penal Code, the civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this Chapter to interfere with the Animal Control Officer in the performance of his duties.
B. In addition to those City employees so designated in Chapter 2.16 of the Municipal Code, the City Council has designated and authorized employees of any public pound, Society for the Prevention of Cruelty to Animals or humane society, who have qualified as humane officers pursuant to Section 14502 of the Corporations Code, and which pound or societies have contracted with the City to provide animal care, control or protection services, to issue notices to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code for violations of State or local animal control laws. Except where expressly authorized by State law, said employees are not authorized to take any person into custody even though the person to whom the notice is delivered does not give his or her written promise to appear in court. The authority of said employees hereunder is limited only to the jurisdiction of the City.
C. The City Council has further confirmed, determined and elected (where and to the extent, if any, prescribed or required by law) to direct, authorize and allow its staff and relevant entities/agencies with which it contracts, under general direction of the City Manager, to appropriately exercise their discretion to enforce all applicable State and local laws relating to the control, care and/or treatment of animals.
D. The City Council has further expressed its intent, without invalidating or replacing other provisions of this Title 7, to permit the City’s enforcement staff and relevant entities/agencies with which the City contracts to have the discretion to enforce all State and local laws pertaining to animal control, care and treatment, subject to any limitations imposed by law or by the Constitution of the State of California, by recognizing all applicable laws, and future amendments thereto, pertaining to animal control, care and treatment.
E. Interference with Officers. No person shall conceal or attempt to conceal, remove/retrieve or attempt to remove/retrieve any animal regulated pursuant to Title 7 from the Animal Control Supervisor, or from any other officer authorized to enforce any of the provisions of this Title 7, while engaged in the capture or in conveying to the animal shelter any such animal. No person shall interfere in any manner with said animal control officers in the performance of any duty incident to their office, or conceal or attempt to conceal, remove/retrieve or attempt to remove/retrieve, any animal which has been impounded by said animal control officers in any manner. In addition, it shall be unlawful to remove, damage, or otherwise tamper with any traps, equipment or animal control vehicles belonging to the City.
[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]