(A) It is unlawful for the owner of an animal deemed dangerous under this chapter or state law to fail to comply with the requirements and conditions set forth in this chapter. Any animal found to be the subject of a violation of this chapter or of any condition imposed by the hearing officer shall be subject to immediate seizure and impoundment. In addition, failure to comply with an order of the hearing officer may result in the immediate removal of the animal from the county or the destruction of the animal. No such animal, however, may be destroyed until the owner of the animal has received written notice from the county that the animal will be destroyed, unless within 14 days from the date of the notice:
(1) The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in this chapter, including, but not limited to, the conditions imposed by the hearing officer pursuant to § 13.01.047; or
(2) The owner has filed in a court of competent jurisdiction a petition that seeks to stay destruction of the animal and has served a copy of such petition upon the hearing officer. The notice from the hearing officer shall be served upon the owner either personally or by prepaid first-class mail. If, after 14 days from the date of such notice, the owner has not complied with the provisions of division (A)(1) or (2) of this section, the hearing officer may, without further notice or process, order the animal destroyed. (HMC § 6.13.100)
(B) In addition to any other remedy provided by the County Code, violations of this chapter may be subject to the following penalty provisions:
(1) Any condition existing in violation of a county code is deemed to be a public nuisance.
(2) In any proceeding or action by the county to abate a public nuisance, the county is authorized to recover the expenses of abatement, including its costs of inspection, investigation, enforcement activities, and costs of prosecution. Costs may be determined, assessed and recovered administratively, or by civil lawsuit or criminal prosecution.
(3) The county is authorized to judicially abate public nuisances by filing criminal or civil actions, and to make the expense of abatement a special assessment, or a lien against the property on which the nuisance is maintained, and a personal obligation against the property owner.
(4) Administrative penalties. The county may impose administrative penalties for the violation of any code provision in an amount not to exceed $500 for each day during which any person commits, continues, allows or maintains a violation of any provision of this chapter.
(5) Injunction and civil penalties. In addition to any other remedy authorized by law, any provision of this chapter may be enforced by injunction issued by the Superior Court upon a suit brought by the county. As part of a civil action filed to enforce any provision of this chapter, a court may assess a maximum civil penalty of $500 per violation, during each day during which any person commits, continues, allows or maintains a violation of any provision this chapter.
(6) Criminal penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor or infraction, and may be charged with either a misdemeanor or an infraction in the discretion of the arresting officer. In addition, the Court shall be granted discretion to reduce a misdemeanor to an infraction if it determines such action is in the interests of justice. Any person convicted of a misdemeanor shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. Every violation which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100 for a first violation;
(b) A fine not exceeding $200 for a second violation of the same ordinance within one year; and
(c) A fine not exceeding $500 for each additional violation of the same ordinance within one year.
(C) Enforcement powers. The poundmaster and the poundmaster deputies and any law enforcement officer are hereby authorized to issue a citation for any violation of this chapter. Pursuant to the provisions of Cal. Penal Code § 836.5, the poundmaster and any designated deputies are hereby authorized to arrest a person without a warrant whenever there is reasonable cause to believe that the person has committed a violation of this chapter in his/her presence. Upon making such an arrest, the poundmaster shall release the arrested person pursuant to Cal. Penal Code § 853.6, the provisions which are hereby adopted by reference as a part of this section. (SBC § 13.01.110)
(D) Each breach of this chapter shall constitute a separate violation. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(E) The owner of an animal determined to be dangerous under this chapter shall be prohibited from owning, possessing, controlling or having custody of any other animal of the type, species, group or family to which the violation applies for a period of three years from the date of violation when it is found after the hearing conducted pursuant to § 13.01.045 that ownership possession of such animal by that person would create a significant threat to public health, safety or welfare. (HMC § 6.13.100)
(F) Any provision of this chapter may be enforced by the poundmaster, any law enforcement department, the animal control officer or any authorized designee of the County Administrative Officer. Complaints of any violations of this chapter which are subject to penalties under this section may be presented to the district attorney's office or to the county counsel's for prosecution. (HMC § 6.13.100, as modified to delete enforcement authority of fire departments.)
(G) The costs of abating a public nuisance pursuant to the provisions of this chapter may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within 30 days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a special assessment lien. (HMC § 6.13.100, as modified.)
(H) The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The county may, in its discretion, elect to pursue any one or more of the penalties or remedies provided for herein or at law or inequity. (HMC § 6.13.100)
(Ord. 836, § 1 (part))