A.
In any
prosecution involving an animal changing a violation of any provision
referred to in Section 604.470 of this code, proof by the people of
the state of California that the particular animal described in the
complaint was found in violation of any provision of said sections,
together with proof that the defendant named in the complaint was
at the time of he alleged violation the owner of the animal, shall
constitute prima facie evidence that the owner of the animal was responsible
for the violation of said provisions involving said animal. However,
for the purposes of this section proof that a person is the owner
of said animal is not prima facie evidence that he has violated any
other provision of the law.
B.
The presumption created by this section shall be nullified when the person charged has made a bona fide sale or transfer and has complied with the requirements of Section 6.04.140 of this code prior to the date of the alleged violations and has advised the court of the name and address of the purchaser, and of the date of sale.
(Ord. 175, 1990)
A.
The
city or authorized agency, each agent or deputy thereof who is assigned
to duties which include the enforcement of animal regulation laws,
and any peace officer are responsible for enforcing the provisions
of this chapter, Section 148 of the Penal Code, and any law relating
to or affecting animals of the state or city.
B.
The
health officer and each agent or deputy thereof who is assigned to
duties which include the enforcement of rabies control and sanitation
laws are responsible for enforcing Section 148 of the Penal Code and
the applicable provisions of this chapter.
C.
The
city or authorized agency, and each agent or deputy thereof who is
assigned to duties which include the enforcement of the provisions
of the California Food and Agricultural Code relating to the health
and sanitary surroundings of livestock, poultry, and rabbits are also
responsible for enforcing Section 148 of the Penal Code and the applicable
provisions of this chapter.
(Ord. 175, 1990; Ord. 245 § 9, 1995)
Each of the individuals referred to in Section 6.04.470 shall have the power to make arrests for violations of those provisions of this chapter and of state law which he has a duty to enforce and to issue citations for such violations. Any person so arrested who does not demand to be taken before a magistrate may instead by cited in the manner prescribed in Chapter 5C (commencing with Section 853.5) of Title 3, Part 2 of the Penal Code.
(Ord. 175, 1990)
A.
Whenever a person is arrested for a violation of Section 6.04.110 of this code and the officer issues a notice to appear, the officer shall note on the form that the charge shall be dismissed on proof of correction unless a disqualifying condition as set forth in subsection B of this section exists. If the arrested person presents, by mail or in person, proof of correction as prescribed in this section, on or before the date on which the person promised to appear, the court shall dismiss the violation or violations.
Proof of correction shall consist of a certification by the
city or authorized agency or by any clerk or deputy clerk of a court
that the alleged violation has been corrected.
B.
A notice to appear shall be issued as provided in subsection A of this section unless the officer finds any of the following disqualifying conditions:
1.
Evidence
of fraud;
2.
The person has been charged within the past one year period with a violation of Section 6.04.110;
3.
The
violation involves a dog which has demonstrated a propensity to attack,
bite or cause injury to a person; or which otherwise presents an immediate
safety hazard;
4.
The
person does not agree to, or cannot, promptly correct the violation.
C.
Any
person who signs a certification of correction with a false or fictitious
name or who presents as evidence of a correction false or fictitious
information is guilty of a misdemeanor.
(Ord. 175, 1990; Ord. 245 § 9, 1995)
For the purpose of performing their duties under this chapter
the department and the city veterinarian may, with approval of the
city council, negotiate agreements, and shall, with the approval of
the city council, promulgate such rules and regulations as they may
deem proper and necessary.
(Ord. 175, 1990)
The city or authorized agency, the health officer, and any peace
officer, may enter upon any privately owned land to investigate reports
of vicious dogs, rabies, or other contagious animal diseases, and
to investigate violations of and enforce the provisions of this chapter.
(Ord. 175, 1990; Ord. 245 § 9, 1995)
Either the city or authorized agency, or the health officer
may determine and declare that an epidemic or other unusually dangerous
health situation exists among the animals in the city. Upon the making
of such a declaration, the city or authorized agency, or the health
officer shall prepare and promulgate, with the approval of the city
council such rules and regulations as are necessary for the conduct
of all persons within the area where the dangerous condition exists.
These rules and regulations may include, but are not limited to, quarantine,
vaccination, and destruction of diseased, exposed or stray animals
by humane methods.
(Ord. 175, 1990; Ord. 245 § 9, 1995)
Every violation of Title 6 of this code is punishable as an
infraction.
(Ord. 247, 1996)
