Sec. 5-10. - Division of animal regulation.

The division of animal regulation within the office of the agricultural commissioner/sealer is hereby continued. The division shall be responsible for regulating, controlling and protecting animals and enforcing laws pertaining thereto within the unincorporated area of the county and those cities within the county which may from time to time contract with the county for such services, and shall assist the health officer in performing rabies control activities within the county.

Sec. 5-11. - Director of animal regulation.

The agricultural commissioner/sealer of the county shall be the director of animal regulation. The director shall be responsible for administering the activities and programs of the division. The director shall be the formal appointing authority for the division. Whenever this chapter grants a power to or imposes a duty upon the director, such power may be exercised or such duty performed by either the director or such of the director's deputies as the director may designate.

Sec. 5-12. - Chief deputy animal regulation officer.

The chief deputy animal regulation officer shall be responsible for managing the activities and programs of the division, including, but not limited to, overseeing the enforcement of this chapter and state laws relating to the care, control and treatment of animals. The chief deputy shall perform all duties in accordance with the provisions of this chapter, the requirements of state law and the mandates of the director. For purposes of this chapter, any reference to an animal regulation officer shall include the chief deputy.

Sec. 5-13. - Animal regulation officers.

Animal regulation officers shall be responsible for carrying out the activities and programs of the division, including, but not limited to, enforcing the provisions of this chapter and state laws relating to the care, control and treatment of animals. Animal regulation officers shall perform all duties in accordance with the provisions of this chapter, the requirements of state law, the mandates of the director and the directives of the chief deputy. For purposes of this chapter, animal regulation officers shall be designated as deputy health officers.

Sec. 5-14. - Powers of arrest.

Neither the director nor any animal regulation officer shall be deemed to be a peace officer, but pursuant to Penal Code Section 830.9 they may exercise the powers of arrest of a peace officer as specified in Penal Code Section 836 and the power to serve warrants as specified in Penal Code Sections 1523 and 1530 during the course and within the scope of their employment.

Sec. 5-15. - Authority to carry firearms.

Pursuant to Penal Code Section 12031, the Director and all animal regulation officers shall be authorized to carry firearms during the course and within the scope of their employment. Such firearms shall be limited to those approved by the director and supplied by the county.

Sec. 5-16. - Right of entry.

The director and all animal regulation officers shall have the right to enter upon and inspect any premises where an animal is kept or harbored when such entry is necessary to enforce the provisions of this chapter or state laws relating to the care, control, and treatment of animals, or to save an animal, or to protect the public health, safety, and welfare. All entries and inspections shall be carried out in accordance with applicable laws, including, but not limited to, the laws pertaining to search warrants and inspection warrants.

Sec. 5-17. - Administrative regulations.

The director may from time to time adopt and promulgate administrative regulations in conformity with this chapter and state law for the purpose of carrying out the provisions of this chapter. Every proposed regulation, proposed revised regulation, or regulation proposed to be rescinded shall be posted in the office of the county clerk and on a bulletin board in a public area at the county animal shelter for at least fifteen (15) days, together with a notice that the public may submit written comments for the director's consideration not later than the 30th day following the posting of notice. Each such proposed regulation, proposed revised regulation, or regulation proposed to be rescinded and the accompanying notice shall also be mailed to any person who has filed a request with the director for notice of regulatory actions by the director. The director shall consider comments submitted and may withdraw, adopt, or repeal the regulation or revised regulation as proposed or as revised following the comment period. Adoption or rescission shall take place not less than fifteen (15) nor more than one hundred eighty (180) days following the close of the comment period, and each regulation or revised regulation adopted or rescinded shall be effective upon posting and mailing as hereinbefore provided. Such regulations shall be periodically compiled and copies thereof made available to the public for purchase at cost or review free of charge at the county animal shelter. Every regulation adopted pursuant to this section shall have the same force and effect as provisions of this chapter and compliance therewith shall be a prerequisite to the issuance and continued validity of any license or registration provided for in this chapter. Failure by any person to comply with any regulation adopted pursuant to this section shall be a violation of this chapter. This section shall not be construed to impose any new or additional notice requirements for regulations adopted by the director by any procedure prior to the effective date of this section.