Ordinance No. 1053

ARTICLE XIII—VIOLATIONS

Section 3.96     Penalty.

Any violation of this chapter is a misdemeanor, unless a specific provision makes a violation an infraction.

Section 3.97     Separate Offense.

Every person violating any provision of this chapter shall be deemed guilty of a separate offense for each day, or portion thereof, during which the violation continues, and shall be punishable therefore as provided in this article.

Section 3.98     Notice and Service Requirements.

When this chapter requires the provision of notice or service, the notice or service shall be in writing.  If a right may be exercised or an act is to be done and the notice or service of it is required to be given but the time within which the notice or service must be given is not specified, the notice or service shall be given at least ten (10) days before the time the right must be exercised.  The notice or service shall be served either personally or by first class mail in a sealed envelope with postage prepaid, addressed to the animal owner at his last known mailing address and deposited in a facility maintained by the United States Department of Postal Service.  The person providing such notice or service shall sign a declaration under penalty of perjury that notice or service has been made.  In the event that the last known address of the animal owner cannot be ascertained, the Animal Hearing Officer or Animal Control Officer shall sign a declaration under penalty of perjury that best efforts were made to provide notice or service to the animal owner.  In the case of service by mail, notice or service is complete at the time the notice is deposited in the United States mail.

Section 3.99     Enforcement.

Any provisions of this chapter may be enforced by the Police Department, Fire Department, the Animal Control Officer or any authorized designee of the Animal Services Director.  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 city attorney for prosecution.

Section 3.100   Cost Recover of Abatement.

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.  In any action, administrative proceeding, or special proceeding initiated by the city under this chapter, the prevailing party may recover attorneys’ fees.  Recovery of attorneys’ fees by the prevailing party is limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney’ fees.  The award of attorneys’ fees to the prevailing party shall in no circumstance exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.

Section 3.101   Animal Control Violators School.

A court of competent jurisdiction may order any person convicted of a violation of this chapter to attend a school for animal control violators for instruction in the care and control of animals, consistent with this chapter and state law.  The curriculum of any such school shall be subject to the approval of the Animal Services Director.

Section 3.102   Disposition of Fines.

            a.         All fines collected for violations of division 14 of the Food and Agricultural Code shall be paid into the city treasury and used as follows:

                        1.         First, to pay fees for the issuance of licenses and permits under this chapter.

                        2.         Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this chapter.

                        3.         Third, to pay damages to owners of livestock which are killed by dogs.

                        4.         Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Penal Code Section 597f.

            b.         All fines collected for violations of this chapter shall be paid into the city treasury and used as follows:

                        1.         One-half (1/2) as set forth in subsection a. of this section;

                        2.         One-half (1/2) to pay for humane education and training.