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Understanding Animal Protection Officers

Enforcing laws protecting animals and people is a fundamental duty of animal control officers (ACOs) and humane officers (HOs). In most cases police and sheriff departments focus on more human-related crimes and defer the animal-related crimes to ACOs and HOs for resolution. Sometimes our officers are asked by residents, who are unaware of the scope of their powers, to perform enforcement actions that are either not legal or outside their authority. ACO and HO authority can differ from traditional law enforcement. Here is an explanation on how ACOs and HOs protect our animals and our communities.

Authority for Enforcement Actions

ACOs and HOs obtain their legal authority to enforce laws protecting animals through California state law. ACOs are government employees and receive their authority under Section 830.9 of the California Penal Code. Humane Officers are employees of nonprofit humane societies or societies for the prevention of cruelty to animals (SPCAs) and receive their authority under Section 14502 of the California Corporations Code.

ACOs and HOs are not peace officers, like sheriff deputies or police officers, but have peace officer powers to make arrests and serve search warrants for animal-related crimes within the scope of their authority.

Jurisdictional Restraints

ACOs are limited to enforcing animal care and control laws for the cities or counties that employ them. In some cases, like at DACC, our officers not only enforce these laws in all unincorporated areas but also enforce them in 45 local cities that contract with DACC for service. DACC ACOs do not have authority in cities that do not contract with DACC, such as the cities of Los Angeles, Long Beach, Santa Monica, or Burbank to name a few. DACC ACOs receive their authority to enforce laws from Los Angeles County Code Title 10 and under contract with the cities they serve. ACOs may carry firearms if they complete the required training and if authorized by their appointing agency. DACC ACOs do not carry firearms.

HOs are authorized to enforce state animal welfare laws anywhere in the state of California but are primarily limited to the county in which they were appointed. They receive their authority to be appointed as an HO through a petition to their county’s superior court by the nonprofit humane society or SPCA that employs them. They must receive approval from the sheriff of any other county in which the HO wishes to enforce animal welfare laws.

HOs may be authorized to enforce local municipal animal control laws if a county or city contracts with the humane society or SPCA to enforce the laws on the government’s behalf. Several humane societies in Los Angeles County provide animal control enforcement for cities that have contracted with them for this service. There are two levels of HOs: Level 1 and Level 2. Level 1 HOs are authorized to carry firearms, while Level 2 may not.

Training Requirements

ACOs must complete the state-approved 40-hour training set forth in California Penal Code section 832 regarding the laws of arrest and search and seizure.

ACOs may also voluntarily obtain the Certified Animal Control Officer (CACO) designation conferred by the California Animal Welfare Association. This certification requires the completion of an additional 40-hour course of training in the state laws relating to the powers and duties of an ACO, and a 20-hour course of training in animal care.  To maintain this certification ACOs must complete 40 hours of continuing education every three years.

DACC provides an internal ACO academy for its officers that meets the requirements of CACO-level training. It includes Los Angeles County and DACC-specific training that includes enforcement of local ordinances and department policies and procedures.

Because HOs work for private nonprofit organizations rather than government agencies, their training requirements are mandatory to ensure consistency and accountability statewide. All HOs must complete mandatory training. Level 1 officers, who may carry firearms, must complete the state-approved training to be a reserve police officer. Both Level 1 and Level 2 HOs must also complete a 40-hour course of training in the state humane laws relating to the powers and duties of a humane officer, and a 20-hour course of training in animal care. They must complete 40 hours of continuing education and training every three years.

Impersonating, Resisting, or Assaulting ACOs and HOs

The roles of ACO and HO are protected by law. Any person impersonating an ACO or HO is guilty of a misdemeanor punishable by a fine up to $1,000 and imprisonment for up to six months in jail. Any person, humane society, or SPCA who knowingly provides a court with false or forged documentation for the appointment of a humane officer is guilty of a misdemeanor and punished with a fine of up to $10,000.

ACOs and HOs often deal with confrontational people. Many of their cases involve rectifying negligent care or abuse of animals and enforcing animal control laws that carry fines. These enforcement actions can cause some residents to become agitated and potentially violent. Any person that commits an assault or battery against an ACO may be punished with a fine of $2,000 and/or imprisonment in a county jail for up to one year. Any person resisting a humane officer is guilty of a  misdemeanor punishable by a fine of $1,000 and imprisonment for up to six months in jail.

Animal Control and Humane Officers are important public servants that protect animals and people for animal-related crimes and violations. But their duties extend beyond animals. Because violence and neglect against animals are often transferred or applied to humans,  ACOs and HOs are also mandated reporters of the abuse of children, seniors, and dependent adults. They are often the first line of defense in these situations and work closely with other public safety organizations to ensure communities are safe.

I am honored to lead the DACC team of dedicated professionals, with ACOs who demonstrate compassion and bravery every day.  Collaborating with our other municipal and nonprofit animal welfare partners, local law enforcement, fire departments, and other public safety organizations elevates the well-being of animals and people in Los Angeles County.

 

Marcia Mayeda

Logo for the Certified Animal Welfare Administrator (CAWA).

You can subscribe to Marcia’s blog here:  https://animalcare.lacounty.gov/categories/directors-blog/

The Los Angeles County Animal Care Foundation is a nonprofit 501(c)3 charity that raises money to support DACC in its mission of saving animals and keeping pets and families together. Learn more at www.lacountyanimals.org.