(A) Duties. Animal control officers shall be empowered to:
1. Impoundment. Receive, take up and impound:
(a) Any animal found running at large on any highway, street, sidewalk, lane, alley or other public place or upon any private property in violation of this chapter or of any law of the state;
(b) Any animal which, without provocation or direction, is molesting any person;
(c) Any animal which, without provocation or direction, is molesting or harassing animals, birds or pets upon the premises of any person; and
(d) Any animal which the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal and others.
2. Animal care. Regularly and adequately feed, water and otherwise care for all dogs, cats and other animals impounded under the provisions of this chapter, or to provide for such feeding, watering and care. The animal control officer may also take charge of any animal, including dog or cat, that reason of lameness, sickness, feebleness or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly or inhumanely treated, and provide care and treatment for the animal until, it is deemed to be in a suitable condition to be returned to the owner. The cost of caring for and treating any animal seized under this chapter shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid;
3. Investigations. Investigate the condition and behavior of any animal which he or she has reason to believe is vicious, dangerous or fierce; and
4. Animal destruction. Humanely destroy or give emergency care to sick or injured animals including dogs and cats.
(B) Authority to enter onto private property. The animal control officer shall have the right, and is hereby authorized, to enter onto private property for the purpose of enforcing the provisions of this title. The animal control officer or his or her designee shall be given prompt access to the property upon exhibiting suitable evidence of his or her identity. When entry is not granted after orally requesting such and exhibiting adequate identification, the animal control officer shall obtain an inspection warrant pursuant to Cal. Code of Civil Procedure §§ 1822.50 et seq. An inspection warrant is not required in emergency situations.
(C) Authority to arrest and issue notices to appear. The animal control officer has the authority and duty, under Cal. Penal Code §§ 836.5 and 830.9, to investigate complaints and violations of the provisions of this title and may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has violated this title. In the alternative the animal control officer may issue a citation to any person violating the provisions of this title ordering such person to appear in court to answer such charges.
(D) Warrants not required. The animal control officer may enter onto private property without a warrant in the following situations:
1. When entering is expressly permitted by the property owner;
2. When he or she has probable cause to believe that a rabid, injured, sick abandoned or mistreated animal is present; and
3. When in pursuit of an animal that is unlicensed; has been running at large upon any public property, including any road or highway; or has been trespassing on private property and the owner of such property has requested that such animal be apprehended; when he or she has probable cause to believe that a violation of this title exists in any building or upon the premises.
(E) Equipment to impound and firearms authorization. The animal control officer is authorized to employ the use of a tranquilizer gun and any animal control equipment or devices ordinarily used within the state of animal control or to impound an animal. If in the opinion of the Chief of Police, it is advisable that the animal control officer carry a firearm or other weapon, then the animal control officer shall be entitled to carry such firearm or weapons.
(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)