Chapter 6.20
ANIMAL SHELTER AND IMPOUNDMENT
Sections:
6.20.010 Animal shelter established.
6.20.020 Impoundment authority.
6.20.030 Care of impounded animals.
6.20.040 Use of animals for experimental purposes or medical research.
6.20.050 Transporting of impounded animals.
6.20.060 Unauthorized removal of animals from shelter.
6.20.080 Fine imposed for impounded unaltered dogs and cats.
6.20.090 Identification of animals – Notice to owners – Returning animals to known owners.
6.20.100 Voluntary surrender – Fees.
6.20.110 Redemption by owner – Abandonment.
6.20.130 Placement of unredeemed animals.
6.20.140 Adoption by approved organizations.
6.20.150 Sterilization required.
6.20.170 Diseased or injured animals.
6.20.010 Animal shelter established.
There shall be provided a suitable enclosure or place for the purpose of keeping and safely holding animals impounded, which shall be authorized as the city animal shelter; provided, that one or more suitable enclosures or places may be provided for the purpose of keeping and safely holding animals impounded, which places shall be designated as branches of the city animal shelter. (Ord. 07-72 § 4).
6.20.020 Impoundment authority.
The director may take up, impound and safely keep any of the animals enumerated in this title found running at large, staked, tied or being herded or pastured in any street, road, lane, alley, court, square, park or other place belonging to or under control of the city, or upon any private property in the city, contrary to the provisions of this title; or where said animal is engaged in an activity or existing in any condition prohibited by this title; or where said animal is, or will be, without proper care due to injury, illness, death, incarceration, or other involuntary absence of the owner or person responsible for the care of such animal; or where said animal is to be quarantined. (Ord. 07-72 § 4).
6.20.030 Care of impounded animals.
The director or his designee shall safely keep all animals impounded at the city animal shelter and shall furnish the same with a sufficient quantity of good and wholesome food and water, and shall give the same ordinary attention as may appear to be reasonably required for the welfare of such animals. (Ord. 07-72 § 4).
6.20.040 Use of animals for experimental purposes or medical research.
It is unlawful for any person providing animal control or animal shelter services within the city to give, use, sell or give to be sold, animals for diagnostic or experimental purposes or medical research. (Ord. 07-72 § 4).
6.20.050 Transporting of impounded animals.
All animals taken into custody shall be humanely transported in specifically designed ventilated and properly maintained vehicles. (Ord. 07-72 § 4).
6.20.060 Unauthorized removal of animals from shelter.
It shall be unlawful for any person to remove any impounded animal from the animal shelter without the consent of the director or designee. (Ord. 07-72 § 4).
6.20.070 Fees established.
A. Fees for impounding animals shall be established by resolution of the city council and the county.
B. Fees for adoption of impounded animals shall be established by resolution of the city council and the county.
C. Fees for boarding or keeping impounded animals, which shall be charged in addition to the impounding fees referenced above, shall be established by resolution of the city council and the county. (Ord. 07-72 § 4).
6.20.080 Fine imposed for impounded unaltered dogs and cats.
A. Pursuant to California Food and Agriculture Code Section 30804.7 or its successor provisions, the owner of any impounded unaltered dog shall be subject to a fine in the amount established by resolution of the city council.
B. Pursuant to California Food and Agriculture Code Section 31751.7 or its successor provisions, the owner of any impounded unaltered cat shall be subject to a fine in the amount established by resolution of the city council.
C. Fines levied pursuant to this section shall be in addition to any other fees and penalties imposed pursuant to this title. (Ord. 07-72 § 4).
6.20.090 Identification of animals – Notice to owners – Returning animals to known owners.
A. It shall be the duty of the department to attempt to identify any impounded, found or turned-in animal via registration check, identification tags, microchip, lost reports and diligent search for any tattoo marks. When a tattoo or microchip is found, the tattoo or microchip registry shall be notified and additional reasonable time provided for such registry to locate the owner prior to the animal being placed for sale or adoption or euthanized.
B. The animal control director shall, immediately upon impoundment of dogs or other animals, make a reasonable effort to notify the owner of such dogs or other animals impounded, and further, in the case of a licensed dog, or cats wearing a license, inform such owners of the conditions whereby they may regain custody of such animals.
C. When any animal is seized and its ownership is known to the department, such animal need not be impounded, but any authorized animal control officer may, at his or her own discretion, return such animal to its owner and issue a citation to the owner to appear in court to answer to charges of violations of this title. If the owner’s telephone number is known or can be readily assessed, the owner shall be contacted by telephone; otherwise, the owner shall be contacted by regular mail to the owner’s last known address. (Ord. 07-72 § 4).
6.20.100 Voluntary surrender – Fees.
A. Upon request, an owner may surrender his/her animal to the department for placement for adoption.
B. Any owner relinquishing a dog shall comply with the provisions of Food and Agricultural Code Section 31108.5 or its successor provisions, by presenting sufficient identification to establish his or her ownership of the dog and by signing a statement that he or she is the lawful owner of the dog. Any animal which is voluntarily surrendered to or deposited with the department by the owner shall immediately thereafter become the property of the city. It shall be understood that no guarantee of placement will be made, and humane disposal will be at the discretion of the department.
C. Any owner of an animal who voluntarily surrenders an animal to the department shall be subject to a fee for each animal over the age of four months. Litters of unweaned animals or animals less than four months of age shall be considered as one animal.
D. The surrender of an animal by an owner to the department, subsequent to impoundment for a violation of this title or any provisions of state law, shall not relieve the owner of the obligation to pay such charges as set forth in this section, prior to such surrender, plus accumulated boarding charges, veterinary charges or any other charges, related to the impounding and keeping of the animal.
E. Upon relinquishment, any animal may be made available for immediate euthanasia if it has a history of vicious behavior documented by the department or any other agency charged with enforcing state and local animal laws. (Ord. 07-72 § 4).
6.20.110 Redemption by owner – Abandonment.
A. The owner of any impounded animal shall have the right to reclaim the same at any time prior to the lawful disposition thereof, upon payment to the animal control director of the costs and charges which shall be established by resolution of the county or city for the impounding and keeping of such animals; provided, however, that if the animal is one which is subject to the licensing provisions of this title, the licensing requirements must be satisfied before the animal is released.
B. If the impounded animal is not currently vaccinated against rabies as required, and the owner has not previously been cited for failure to license the animal or the animal has not been previously impounded within the preceding 30 calendar days, the animal may be released to the owner upon payment of all fees required (including the license fee and penalty fee, if applicable) on condition that the owner shall:
1. Have the animal vaccinated for rabies in accordance with this title within 14 calendar days; and
2. Exhibit a valid certificate of such vaccination to the director within 14 calendar days, at which time the license will be issued.
C. Animals may be vaccinated against rabies by a veterinarian designated by the director prior to redemption and the cost of the vaccination and any other costs accrued accomplishing the vaccination, including additional impoundment fees, must be satisfied before the animal is released. (Ord. 07-72 § 4).
6.20.120 Holding period.
A. All impounded dogs or cats found wearing a license tag or any other form of positive identification shall be kept in the animal shelter or other authorized place of impoundment for a period of not less than six business days following the day of impoundment unless redeemed within such period.
B. All impounded dogs and cats not wearing a license tag or other form of positive identification shall be kept in the animal shelter or other authorized place of impoundment for a period of not less than six business days following the day of impoundment unless redeemed within such period.
C. Any impounded animal which is of a type referred to in Section 17001.5 of the Food and Agriculture Code shall be kept in the animal shelter for at least six business days following the date of impoundment unless it is redeemed within that period. If the animal is a bovine animal and is not redeemed, it shall be turned over to the State Bureau of Livestock Identification for disposition by that office, pursuant to the requirement of the California Food and Agriculture Code.
D. Any animal impounded of the type referred to in Section 17065 of the Food and Agriculture Code shall be kept in the animal shelter or other authorized place of impoundment for at least 14 calendar days.
E. Any other impounded animal shall be kept in the animal shelter for at least six business days following the day of impoundment unless it is redeemed within such period.
F. Any animal which is voluntarily surrendered to or deposited with the director by the owner shall not be deemed to be impounded and need not be kept or retained for any minimum period of time.
G. Any feral animal, except feral cats, need not be kept or retained for any minimum period of time. (Ord. 07-72 § 4).
6.20.130 Placement of unredeemed animals.
A. Dogs.
1. Unless an unlicensed dog or a dog not wearing traceable identification has been redeemed within six working days from the day following the impoundment it may be sold by the animal control director for an amount determined and set by the city or county; provided, that the purchaser shall not be given possession of any dog until the purchaser has paid to the animal control director the license fee prescribed for such dog. The animal control director shall accept the application for license and the license fee, but shall not deliver the license until proof of current rabies vaccination has been provided. If any unlicensed dog or dog not wearing traceable identification impounded by the animal control director shall not have been redeemed within such six-working-day period, it may be destroyed by the animal control director in an humane manner.
2. Unless licensed dogs or dogs wearing traceable identification have been redeemed within six working days from the day following the impoundment, such dogs may be sold by the animal control director for an amount determined and set by ordinance of the city council. The animal control director shall notify the owner of such animal, by mail, within 24 hours of impoundment. If any licensed dog or dog wearing traceable identification which has been impounded by the animal control director has not been redeemed within the six-day period, it may be destroyed by the animal control director in a humane manner.
B. Cats.
1. Unless an unlicensed cat or a cat not wearing traceable identification has been redeemed within six working days from the day following the impoundment, it may be sold by the animal control director for an amount determined and set by the city or county. If any cat impounded by the animal control director shall not have been redeemed within such six-working-day period, it may be destroyed by the animal control director in a humane manner.
2. A licensed cat or cat wearing traceable identification shall be processed in the same manner as provided for licensed dogs in subsection (A)(2) of this section.
C. Other animals shall be processed in the same manner as provided for unlicensed dogs in subsection (A)(1) of this section, unless otherwise provided for by state statute.
D. It shall be the duty of the animal control director, and the director is authorized and empowered, to forthwith dispose of any animal lawfully impounded which is, by reason of injury, disease, or other cause, unfit for further use or is dangerous to keep impounded. The animal control director may immediately destroy surrendered animals in a humane manner.
E. At the discretion of the animal control director, an unredeemed or surrendered animal may be kept for a reasonable period of time after the expiration of the redemption period for the purpose of selling or adoption. Normally, the sale of the animal should be to the person offering to pay the prescribed amount as determined and set by resolution of the city or county; however, the animal control director may refuse to sell or adopt to a particular purchaser if the director has reason to believe the sale would not be in the best interest of the animal. (Ord. 07-72 § 4).
6.20.140 Adoption by approved organizations.
Under special provisions to be adopted by the director, subject to the approval of the police chief, specific breed clubs and humane organizations approved by the director shall have the option of adopting available animals from the city animal shelter for purposes of placement. Adoption fees to be paid by such approved organizations shall be established by resolution of the city council. (Ord. 07-72 § 4).
6.20.150 Sterilization required.
A. In accordance with Section 30503 of the Food and Agriculture Code or its successor provisions, the department shall not sell or give away to a new owner any dog that has not been spayed or neutered, unless otherwise provided by law.
B. In accordance with Section 31751.3 of the Food and Agriculture Code or its successor provisions, the department shall not sell or give away to a new owner any cat that has not been spayed or neutered, unless otherwise provided by law. (Ord. 07-72 § 4).
6.20.160 Disposal.
In the event any impounded dog or cat or any other animal cannot be suitably placed in a new home within the holding period designated in BMC 6.20.120, the director shall euthanize such animal and dispose of the carcass. (Ord. 07-72 § 4).
6.20.170 Diseased or injured animals.
A. Notwithstanding any provisions of this chapter, the director may, without waiting for the requisite holding period to elapse, cause any impounded animal to be euthanized without delay under the following circumstances:
1. When the director reasonably determines in good faith that such animal is unfit for further use by reason of its having been injured, having become infected with a dangerous or communicable disease, having become incurably crippled or having become infirm on account of advanced age; and/or
2. When a licensed veterinarian determines in good faith that such animal is suffering extreme pain due to disease or injury, and there is no reasonable probability that the animal will recover from its disease or injury.
B. The department may destroy any animal found at large without transporting it first to the animal shelter or a veterinarian where the animal is too severely injured to move or where it would be more humane to destroy the animal. (Ord. 07-72 § 4).