Chapter 6.50
IMPOUNDMENT
Sections:
6.50.010 Impounding dogs without tags.
6.50.020 Impounding dogs with tags.
6.50.030 Impounding biting or attacking animals.
6.50.040 Violation of quarantine.
6.50.050 Notice to owner of impounded licensed animal.
6.50.060 Redemption of impounded animals.
6.50.070 Fees for impounding and keeping animals.
6.50.080 Sale and destruction of impounded animals wearing tags.
6.50.090 Sale and destruction of impounded animals not wearing tags.
6.50.100 Sale of impounded animals and receipts.
6.50.110 Duty of animal control officers to accept stray and/or abandoned dogs and cats.
6.50.120 Dogs and cats at large found on private property.
6.50.130 Delivery of dogs and cats to animal control officers by private persons.
6.50.140 Care of animals while impounded.
6.50.150 Records of impounded animals.
6.50.010 Impounding dogs without tags.
Any animal control officer or peace officer who encounters an unlicensed dog running at large within the incorporated area of the city shall take up the animal and deliver it to an animal shelter. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.020 Impounding dogs with tags.
Any animal control officer or peace officer who encounters a licensed dog running at large within the incorporated area of the city shall take up the animal and deliver it to an animal shelter if the officer is unable to locate the licensed owner. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.030 Impounding biting or attacking animals.
A. All animal control officers and peace officers shall have the power to summarily and immediately impound a dog or other animal where there is evidence it has attacked, bitten or injured a person or animal. All such officers may enter and inspect private property to enforce the provisions of this section, provided such entry or inspection is conducted in a manner consistent with state and federal law. It is unlawful for any person to fail to surrender a dog or other animal which is being impounded pursuant to this section after being demanded to do so by an animal control officer or peace officer.
B. Any dog or other animal impounded pursuant to this section may be permanently identified by means of photo identification and license number prior to release from impound or confinement.
C. The animal control officer and the owner of the animal impounded pursuant to this section, in addition to complying with this chapter and Chapter 6.48, shall also observe the provisions of Chapter 6.68 (pertaining to quarantine of animals suspected of being rabid). (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.040 Violation of quarantine.
It is unlawful for any person to suffer or permit any dog, cat, animal or household pet owned, harbored or controlled by them to violate any written quarantine notice. Any person who violates such written notice shall be guilty of a misdemeanor. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.050 Notice to owner of impounded licensed animal.
Within two business days after an animal which is wearing a license tag is impounded under this chapter, the impounding officer shall mail a notice of the impounding to the owner at the address shown on the application for the license and advise the owner of the procedure whereby he or she may apply to regain custody of the animal. The owner of an animal declared vicious or dangerous pursuant to Chapter 6.48 shall be notified pursuant to the provisions of Chapter 6.48. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.060 Redemption of impounded animals.
A. The owner of any animal impounded, other than pursuant to Section 6.50.030 and Chapter 6.48, may, except as otherwise provided by law, redeem the animal at any time prior to its sale or destruction pursuant to this section.
B. The owner of any animal impounded pursuant to Section 6.50.030 may redeem the animal only upon written determination by a hearing officer, pursuant to Chapter 6.48, that the animal is not dangerous or vicious, or upon failure of the animal control officer to establish a hearing date pursuant to Section 6.48.020(G). In either case, the owner of the animal must apply for redemption in compliance with subsection (C) of this section.
C. A person desiring to redeem an animal shall deliver to the animal control officer an application for redemption, which shall include a description of the animal to be redeemed, a statement that the claimant is the owner of the animal to be redeemed and the name and address of the claimant.
D. If the animal control officer determines that the animal may be redeemed pursuant to subsection (A) or (B) of this section, the animal control officer shall issue to such person a written statement containing the name and address of the claimant, a description of the animal redeemed, the date on which the animal was impounded and any fees charged against the animal and paid by the claimant. The animal control officer’s written statement shall serve as a certificate of redemption and receipt for the fees paid. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.070 Fees for impounding and keeping animals.
The owner of an animal which has been impounded shall pay an impounding fee as set by resolution of the city council in an amount to be recommended by the animal control officer. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.080 Sale and destruction of impounded animals wearing tags.
A. Unless an animal found while wearing a license tag has been redeemed within six business days after being impounded, it may be sold by the animal control officer or killed in a humane manner. However, no animal which has been declared dangerous or vicious pursuant to Chapter 6.48 shall be sold. Nor shall any animal which has been impounded pursuant to Chapter 6.48 and subsequently found not dangerous or vicious, but improperly trained, handled or maintained, be sold except to a person who is willing to properly train, handle and maintain the dog, cat or other animal, as determined by the hearing officer.
B. Any animal found while wearing a license tag that is not being held pursuant to Chapter 6.48 may be sold or destroyed at any time after being delivered to an animal shelter with written permission of the animal’s owner. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.090 Sale and destruction of impounded animals not wearing tags.
A. Unless an animal found while not wearing a license tag has been redeemed within four business days after being impounded, it may be sold to the public or killed in a humane manner. However, no animal which has been declared dangerous or vicious pursuant to Chapter 6.48 shall be sold pursuant to this section, nor shall any dog, cat or other animal which has been impounded pursuant to Chapter 6.48 and subsequently found not dangerous or vicious, but improperly trained, handled or maintained, be sold except to a person who is willing to properly train, handle and maintain the dog, cat or other animal, as determined by the hearing officer.
B. Any animal found while not wearing a license tag, except for animals being held pending an administrative hearing pursuant to Section 6.48.020, may be sold or destroyed at any time after it is delivered to an animal shelter if the animal’s owner gives permission in writing to do so. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.100 Sale of impounded animals and receipts.
When a dog, cat or other animal is sold pursuant to the provisions of this chapter, the animal control officer shall deliver to the purchaser of said dog, cat or other animal a statement in writing containing a description of the animal, the date of sale, and the amount of the purchase price. All sales shall convey a good and valid title to the purchaser, and any previous owner of the animal shall thereafter be barred from all right to recover said animal. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.110 Duty of animal control officers to accept stray and/or abandoned dogs and cats.
It shall be the duty of all animal control officers to receive and impound from the public all dogs and cats located within the city and believed to be stray and/or abandoned. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.120 Dogs and cats at large found on private property.
Any dog or cat found at large on any private property in the city may be taken up by the owner or possessor of the property and delivered to an animal control officer. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.130 Delivery of dogs and cats to animal control officers by private persons.
Every person taking possession of a dog or cat under the provisions of Section 6.50.120, and any person who finds and intends to keep a lost, stray or abandoned dog or cat within the city shall, within twenty-four hours thereafter, give notice thereof to an animal control officer. Any person taking a dog or cat in the manner described within this section may surrender the animal to an animal control officer, without fee or charge, within forty-eight hours of notifying the animal control officer of their intent to keep the dog or cat. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.140 Care of animals while impounded.
All animal shelters taking in animals pursuant to Chapters 6.48, 6.50, 6.52 and 6.68 shall provide the animals in their custody with proper food and water, and shall give them all necessary care and attention. All such animal shelters shall charge a fee at the time an impounded animal is redeemed by its owner, or may charge these fees at such time an unclaimed animal is sold. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.150 Records of impounded animals.
Animal control officers shall keep written records of impounded animals. These records shall include the following information for each impounded animal:
A. A physical description of the animal.
B. The reason the animal was impounded.
C. The date the animal was impounded.
D. The date and manner of disposal, if applicable.
E. Identifying information for the person redeeming or purchasing the animal, if applicable.
F. Any fees charged against the animal.
G. Identifying information for any person who pays fees charged against the animal.
H. The proceeds of the sale of the animal, if applicable.
I. Any other records as required by law. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)
6.50.160 Severability.
If any section, subsection, sentence, clause or phrase in this chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed this chapter and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional. (Ord. 2018-05 § 2 (Exh. B) (part), 2018)