(A) Administration and authority. The City Manager is authorized to maintain or contract for animal shelter and related animal control services, subject to City Council approval.
(B) Entry on premises to seize and impound animals.
(1) Any animal regulations officer may enter upon private property without a warrant for the following purposes:
(a) When the officer has the express permission of the owner or occupant of the premises;
(b) When the officer has probable cause to believe that any rabid, injured, sick, abandoned, mistreated or neglected animal is present;
(c) When in pursuit of any animal at large in the city;
(d) To seize and impound a potentially dangerous or vicious animal in accordance with this chapter;
(e) When the officer has probable cause to believe that there exists in any building or upon any premises or property any condition which may be in violation of this chapter;
(f) When the officer observes a violation of this chapter occurring upon any building or upon any premises or property, or when entry on the building, premises or property is necessary to prevent a continuing violation of this chapter;
(g) When the officer is aiding with the execution of a search and/or seizure warrant;
(h) Upon exigent circumstances or for any other lawful reason.
(2) Before entering private property without the consent of the occupant, the officer shall make reasonable attempts to contact the occupant of the property, if possible.
(3) If none of the circumstances exists for entry on private property without a warrant, the officer shall obtain a warrant before entering private property.
(4) In no event shall entry on private property be more extensive than that necessary to seize the animal or to prevent further violations of this chapter or other animal regulation laws.
(5) Neither the animal regulations officer nor the city shall be liable for any damages from a reasonable entry.
(6) Nothing in this section shall prevent an animal regulations officer from entering private property during the performance of the officer's duties and under other legal authority.
(C) Obstructing officers unlawful. It is unlawful and shall be a misdemeanor for any person to willfully resist, delay or obstruct any animal regulations officer in the discharge or attempt to discharge any duty of his or her office.
(D) Applicability of state laws. Conflicts in the Municipal Code.
(1) Notwithstanding the provisions of this chapter, the provisions of the Cal. Food and Agricultural Code, Cal. Health and Safety Code, Cal. Penal Code, and Code of Regulations relating to animal health, control and care, and rabies control, shall apply when such provisions are more stringent than the provisions of this chapter.
(2) If a section elsewhere in the Municipal Code is in conflict with a provision of this chapter, the more stringent provision shall apply.
(E) Use of equipment to impound and firearms authorized. In performance of his or her duties, an animal regulations officer shall have the authority to employ the use of a tranquilizer gun and any animal-control equipment or device in common use within the state, necessary to take up and impound an animal.
(F) No liability of city. No liability shall be incurred by the city for the disposition of any animal made pursuant to the provisions of this chapter.
(G) Animal services fees. Fees will be charged for animal services and shall be as set forth in a city resolution.
(H) Cost recovery for animal and police services. When an animal regulations officer or Sheriff's officer responds to an animal at large, a menacing animal, or an animal creating excessive noise more than two times within a 48 hour period, the owner of the animal shall be liable for the cost to provide special services to respond to the animal at large, menacing dog or excessive noise. Charges shall include a reasonable charge for the officer's time, the actual cost of any equipment used or damaged, together with an additional 10% for administrative overhead. These charges shall be computed and a bill submitted to the owner of the animal. The bill shall be a debt owed to the city and a failure to pay that bill within 30 days is a violation of the Municipal Code. If the city is obligated to initiate litigation to recover this debt, the owner shall be liable for cost of suit, attorneys' fees, and cost of collection.
(I) Violations: penalties.
(1) Violations of this chapter shall be misdemeanors unless a particular section designates that a violation is an infraction. The City Attorney may file any violation of this chapter deemed a misdemeanor as an infraction. Each and every day a violation exists is a separate offense.
(2) The city may also pursue any other remedy, including issuing administrative citations and obtaining injunctions and abatement orders.
(J) Applicability. Except where specifically provided otherwise in this Code, this chapter shall provide the procedures, rules and standards for all administrative hearings provided under this Code or administrative hearings provided under rules or regulations promulgated pursuant to this Code.
(K) Rules and regulations. The City Manager may adopt rules, regulations, policies, and procedures, that are consistent with the intent or provisions of this chapter as may be necessary or desirable to aid in its administration or enforcement.
(L) Service of process. Service of any notice, hearing packet, or order under this chapter shall be by personal service or first class mail. The date of service shall be considered the date the notice, hearing packet or order was personally served or three days after the date of mailing.
(M) Filing a notice of appeal.
(1) Standing. A person who has a legal, existing interest in the property, right or entitlement subject to the city order, citation, decision or determination sought to be appealed from has standing and a right to appeal under this chapter. A notice of appeal that fails to show standing may be rejected as defective.
(2) Notice of appeal. Unless otherwise provided in this Code, a notice of appeal shall be filed in writing with the City Clerk within 15 calendar days after the service of the order, citation, decision, or determination appealed from the appeal shall contain the following:
(a) The name, address, and telephone number of the appellant;
(b) A statement describing the appellant's legal existing interest in the property, right or entitlement subject to the city order, citation, decision or determination sought to be appealed from;
(c) A brief description of the specific order, citation, decision, or determination being appealed;
(d) A statement of the relief sought;
(e) The reasons why such relief should be granted.
(3) Late appeals. Upon a showing of good cause, the hearing office may, in his or her discretion, permit the filing of an appeal, or an amended appeal, after 15 calendar days, in which case the appeal shall be considered in the same manner as if it had been timely filed.
(4) Defective notice of appeals. If, in the opinion of the City Clerk, the appeal or an amended appeal fails to comply substantially with the requirements of this section, the City Clerk may give written notice of such insufficiency to the appellant, stating with particularity the defects or omissions therein. Failure of the appellant to file an amended appeal within seven calendar days of the date of service of such notice of insufficiency shall constitute a waiver of the appeal. Failure of the City Clerk to give notice of any insufficiency within seven calendar days shall result in the appeal being heard on its merits, without regard to any insufficiency.
(5) Notice of hearing. Upon receipt of an appeal, or if notice of insufficiency is given in accordance with this section, upon receipt of an amended appeal within the time specified, the City Clerk shall cause on copy to be stamped indicated the date of receipt. The City Clerk shall set the appeal for hearing and shall give to the appellant and to the officer or employee whose order, citation, decision, or determination is being appealed not less than 15 calendar days written notice of the date, time, and place of hearing. The appellant may waive the 15 calendar days written notice, so long as said waiver is in writing and filed with the City Clerk. The notice of the hearing to the appellant shall include a statement as to the appellants' rights as provided in this chapter.
(6) Stay of proceedings. Unless otherwise provided by this Code, the filing of an appeal shall stay all proceedings in furtherance of the order, citation decision, or determination appealed from until the determination of the appeal as provided herein.
(N) Hearing officer authority.
(1) Inspection of premises. The hearing officer may inspect the premises involved in the hearing at any time prior to a decision, to investigate or confirm the existence of the violation(s) or conditions which are the subject of the appeal, provided that:
(a) Consent is granted by a person with the lawful right to grant consent or an inspection warrant is obtained;
(b) Reasonable notice of such inspection is given to the owner before the inspection is made;
(c) The parties are given an opportunity to be present during the inspection;
(d) The hearing officer shall place in the record the material facts and the conclusions drawn from the inspection either orally at the time of the hearing or in writing after the hearing; and
(e) Each party then shall have a right to rebut or explain the matters so stated by the hearing officer for the record either at the hearing or by filing a written statement within ten calendar days after the hearing.
(2) Oaths. The hearing officer shall have the power to administer oaths and affirmations.
(3) Procedures. The hearing officer shall have the authority to establish procedures before or during a hearing consistent with this chapter and the Code for purposes of efficiency and order.
(4) Review authority. The hearing officer shall sit as the trier of fact and shall rule on questions of law and admissibility of evidence. The hearing officer may affirm, reverse, modify, or set aside the order, citation, decision, or determination appealed from or may delete or impose conditions as the facts and law warrant. The hearing officer may not increase a penalty or impose a harsher remedy beyond the penalty or remedy imposed under the order, citation, decision or determination being appealed.
(5) Limitations. The hearing officer shall not have authority to waive any requirements of Code or law.
(O) Decision.
(1) Decision. Unless otherwise provided in this Code or agreed by the parties, within 15 days of the conclusion of the hearing, after the hearing officer has considered all evidence presented and the relevant standard of review, the hearing officer shall issue a written decision. The decision shall include a statement of the issues, findings of fact, a summary of the relevant evidence, and the order.
(2) Finality. Unless otherwise provided in the Code or the hearing officer's decision, the hearing officer's decision shall be a final agency action for purposed of writ of review.
(3) Effective. Unless otherwise provided in the Code or the hearing officer's decision, the decision shall be effective upon issuance.
(4) Notice of Code of Cal. Civil Procedure § 1094.6. All court action through decisions shall include a notice that the appellant has 90 days to pursue a petition for a writ of administrative mandamus of the decision under Cal. Code of Civil Procedure § 1094.6.
(Ord. 14-101, passed 7-8-2014)