4-07-2200 - Administrative Citations and Penalties

In addition to the remedies and penalties contained in this Ordinance, and in accordance with Government Code Section 53069.4, an Administrative Citation may be issued for any violation of County Animal Ordinances. The following procedures shall govern the imposition, enforcement, collection and Administrative Review of Administrative Citations and penalties.

  1. Notice of Violation. If an Animal is owned, kept, maintained, or found to be in violation of a County Animal Ordinance, an Administrative Citation may be issued by the Animal Control Officer.
  2. Content of Citation. The Administrative Citation shall be issued on a form approved by County Counsel and shall contain the following information:
    1. Date, location and approximate time that the violation was observed;
    2. The Ordinance violated and a brief description of the violation;
    3. The amount of the administrative penalty imposed for the violation;
    4. Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within this time period;
    5. Instructions on how to appeal the citation;
    6. The signature of the Animal Control Officer.
      The failure of the Administrative Citation to set forth all required contents shall not affect the validity of the proceedings, so long as it substantially complies with the above requirements.
  3. Service of Administrative Citation.
    1. If the person who has violated the County Animal Ordinance is present at the scene of the violation, the Animal Control Officer shall attempt to obtain his or her signature on the Administrative Citation and shall deliver a copy of the Administrative Citation to him or her.
    2. If the owner, occupant, or other person who has violated a County Animal Ordinance is a business, and the business owner is on the premises, the Animal Control Officer shall attempt to deliver the Administrative Citation to him or her. If the Animal Control Officer is unable to serve the business owner on the premises, the Administrative Citation may be left with the manager or employee of the business. If left with the manager or employee of the business, a copy of the Administrative Citation shall also be mailed to the business owner by first class mail.
    3. If no one can be located at the property where the violation occurred, then the Administrative Citation shall be posted in a conspicuous place on or near the property and a copy mailed by first class mail to the owner, occupant, or other person who has violated this chapter. The Administrative Citation shall be mailed to the property address.
    4. The failure of any interested person to receive a properly mailed Administrative Citation shall not affect the validity of the proceedings.
  4. Administrative Penalties.
    1. The penalties assessed for each violation of a County Animal Ordinance shall not exceed the following amounts:
      1. One hundred dollars ($100.00) for a first violation;
      2. Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;
      3. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.
    2. If the violation is not corrected, additional Administrative Citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.
    3. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.
    4. The penalties assessed shall be payable to the County of Tulare, Animal Services Division.
    5. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.