§ 6.16.210. Enforcement.
A.
The Director along with Animal Care Services Bureau enforcement officers and inspectors shall have the duty to enforce the sections included in this Chapter, and all other chapters included in Title 6, and are authorized, pursuant to the California Penal Code, Section 836.5, to arrest persons and to prepare, issue and deliver to any such arrested person written notice to appear in court for any violation or violations of any section or sections in Title 6 of this Code. Additionally, those employees of the City holding the classified positions of park district supervisor and park crew supervisor employed by the Department of Parks and Recreation and those employees holding the classified position of security officer employed in the Department of Parks and Recreation shall have the duty to enforce Sections 6.16.100 and 6.16.200 and are authorized, pursuant to California Penal Code, Section 836.5, to arrest persons and to prepare, issue and deliver to any such arrested person written notice to appear in court and to release such person from custody upon receiving from such person their written promise to appear in court for any violation or violations of Sections 6.16.100 or 6.16.200.
B.
Notwithstanding the provisions of Subsection 6.16.210.A of this Section, those employees holding the position of fire captain, marina agent, marine safety officer, marine safety sergeant, marine safety captain and security officer, shall have the duty to enforce Sections 6.16.090, 6.16.100, 6.16.110, 6.16.200 and 6.16.310, and are authorized, pursuant to California Penal Code, Section 836.5, to arrest persons and to prepare, issue and deliver to any such person arrested written notice to appear in court and to release such person from custody upon receiving from such person their written promise to appear in court for any violation or violations of Sections 6.16.090, 6.16.100, 6.16.110, 6.16.200 and 6.16.310.
C.
Nothing in this Section is intended to operate either in addition to or in contravention of Title 3, Chapter 4.5, of the Penal Code which expressly designates those persons who are classified as peace officers.
D.
Further, nothing in this Section is intended to or shall operate to change or shall have the effect of changing the status of the officers and employees authorized to act pursuant to this Section from public or miscellaneous officers and employees to individual peace officers or safety members or classes of peace officers or safety members for purposes of retirement, workers' compensation or similar injury or death benefits or any other employee benefit or benefits to which said officer or employee would not have been entitled as a public or miscellaneous officer or employee prior to the adoption of this Section.
E.
Any person who violates any provision of Title 6 of the Long Beach Municipal Code may also be issued an administrative citation by the Director or Animal Care Services Bureau enforcement officers or inspectors, in addition to any criminal penalties that may be assessed under Title 6 and Chapter 1.32 of this Code.
F.
Each and every day a violation exists constitutes a separate and distinct offense.
G.
Civil fines shall be assessed by means of administrative citations and shall be payable directly to the City of Long Beach Animal Care Services Bureau.
H.
Administrative fines for violations of Chapters 6.04 Animal Shelter, 6.08 Dog Licensing, 6.12 Rabies Control, 6.20 Fowl, Rabbits and Goats, 6.28 Police Animals and/or 6.16 Animal Regulation shall be assessed as follows:
1.
A fine for each initial violation, in an amount established by the City Council by resolution;
2.
A fine for each instance of a second violation of the same Code section within one (1) year from the date of the first violation, in an amount established by the City Council by resolution; and
3.
A fine for each additional violation of the same Code section within one (1) year from the date of the first violation, in an amount established by the City Council by resolution.
(ORD-09-0022, § 5, 2009)