(a) License powers. The Code Enforcement Officer shall be vested with the powers and duties of license inspectors and shall have the power to collect the license fees and to issue the animal licenses and tags prescribed herein.
(b) Duties. It is made the duty of the Code Enforcement Officer to enforce any other sections of this Chapter, whether enumerated as a duty or not.
(c) Inhumane Treatment-Enforcement of Local and State Law. The Code Enforcement Officer will enforce the California Penal Code provisions relating to the inhumane treatment of animals, take possession of abandoned or neglected animals, and care for or dispose of the animals in accordance with local and state law.
(d) Incentive Programs. The Code Enforcement Officer has discretion to offer incentive programs to encourage compliance with the dog and cat licensing requirements.
(e) Animals Held for Observation. When authorized by law, the Code Enforcement Officer may pick up or accept and care for any animal to be held for observation by a shelter, veterinarian, or animal care facility with which the City has a contract for services.
(f) Capture and Custody of Animals. The Code Enforcement Officer is authorized to capture and take into custody:
(1) Any unlicensed animal, that is required to be licensed;
(2) Any animal being kept or maintained in violation of a state statute or local ordinance;
(3) Dogs and other animals running at large in violation of a state statute or local ordinance;
(4) Sick, injured, stray, unwanted or abandoned animals;
(5) Unvaccinated dogs in violation of this Chapter;
(6) Animals relinquished to the City;
(7) Animals for which the owner or custodian is unable to care because of imprisonment, illness, bankruptcy litigation, or other contingency, or in cases in which the owner or custodian cannot be found.
(g) The Code Enforcement Officer may designate employees who are authorized to transport and operate tranquilizer gun equipment for use in the capture and seizure of animals.
(h) Responsibility for Animals Kept in Animal Care Centers.
(1) Animals taken into custody by Code Enforcement must be placed in City-designated animal care centers or other appropriate facilities.
(2) An owner or custodian who relinquishes an animal or asks the City to pick up an unwanted animal will be charged an owner-surrender fee as established by resolution of the City Council. An owner or custodian who later redeems the animal will be charged board and care costs.
(3) A person must receive permission from the Code Enforcement Officer, and pay the required fees and charges, before removing an animal from the City's custody.
(i) Dead Animals and Dead Livestock-Pickup from Public and Private Property-Fee-Exceptions.
(1) The Code Enforcement Officer will pick up and dispose of all dead animals and livestock on public highways and on public and private property within the City, when the owner is unknown, or at the request of the animal's owner or other person having custody or control over the animal. The fees for removal services are determined by resolution of the City Council. However, the Code Enforcement Officer is not required to pick up dead animals:
(A) Where a large number of animals have died requiring specialized equipment and/or skills beyond the capability of the City;
(B) In areas that are not reasonably accessible to City staff or equipment.
(2) Dead Animals-Pickup from Businesses or Other Facilities. An animal-related business, such as a pet hospital, nonprofit humane organization animal facility, stable, or veterinary business, or any commercial, industrial, educational, medical, or other facility that deals with animals in connection with its operation, must pay the required fee for the pick up or delivery of a dead animal.
(j) Right of Entry for Inspection. A Code Enforcement Officer, designated City employee, or a law enforcement officer may enter a building or property to inspect the premises only if:
(A) The owner or occupant of the building or property consents to the entry and inspection after the Code Enforcement Officer, authorized City employee, or law enforcement officer presents his credentials and explains the reasons for the entry and inspection; or
(B) The Code Enforcement Officer, authorized City employee, or law enforcement officer obtains a warrant for the entry and inspection of the building or property under sections 1822.50 to 1822.57 of the Code of Civil Procedure; or
(C) The Code Enforcement Officer, authorized City employee, or law enforcement officer has reasonable cause to believe that the keeping of an animal on the property is so hazardous, unsafe, or dangerous that an immediate inspection is necessary to safeguard an animal or public health and safety. Under these circumstances, the employee or officer may use reasonable means to immediately enter and inspect the building or property after presenting his credentials to the owner or occupant and requesting entry, if possible, under the circumstances.
(k) This subsection does not prohibit an authorized Code Enforcement Officer, authorized City employee, or law enforcement officer from entering property in the City's jurisdiction for the purpose of capturing an animal running at large in violation of this Chapter or other applicable law. A person who prevents or obstructs the capture of an animal running at large is guilty of a misdemeanor. (Ord. 961, § 2, 2019)