(A) It is the duty of all animal control officers within the city or providing services to the city, to cooperate with and assist the Director, environmental health Director and/or the Animal Services Director, in the enforcement of the provisions of this chapter, and in the enforcement of California State law relating to the regulation, care and/or keeping of animals, and such peace officers and the Animal Services Director/designee shall be empowered to:
(1) Receive, take up and impound any dog or other animal found running at large in violation of this chapter, of any other ordinance or of any law of the state of California;
(2) Issue a warning notice for, citation for, or investigate any violation of any provisions of any City ordinance, County ordinance, or California law regarding the care or keeping of animals;
(3) Investigate whether a dog is licensed in compliance with the requirements of this chapter;
(4) Seize and impound any animal as authorized by this chapter or any other ordinance or state law. When the animal to be taken or seized is located inside a private residence or in its curtilage, a judicial order directing seizure of the animal shall, absent exigent circumstances, be obtained prior to seizure;
(5) Regularly and adequately feed, water and otherwise care for any animals impounded under the provisions of this chapter, other ordinance or state law or to provide for such feeding and/or watering and care;
(6) Follow the provisions of the City of Menifee Section 10.04 in humanely destroying or giving emergency care to sick or injured animals;
(7) Enforce this chapter in a manner consistent with the rights and responsibilities outlined in Title 9 of the City of Menifee Municipal Code.
(B) Any peace officer, animal services officer, the Director, or any other duly authorized individual charged with the responsibility for enforcement of the provisions of this chapter, or other ordinance or state law governing animals, may arrest a person without warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his or her presence, or a felony which is in violation of this chapter or other ordinance governing animals or California law regulating the care and/or keeping of animals.
(C) 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 section 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 or her written promise to appear, as prescribed by California Penal Code section 853.6.
(Ord. 2018-252, passed 12-5-2018)