Chapter 8.05
ANIMAL IMPOUNDMENT, DISPOSITION, AND ADOPTION
Sections:
8.05.010 Impounding of animals.
8.05.040 Redemption of impounded animals.
8.05.050 Duration of impoundment.
8.05.060 Disposition authorized.
8.05.080 Voluntary surrender – Fees.
8.05.110 Voluntary owner releases of dead animal to an Animal Control Officer – Fee.
8.05.120 Disposal of carcasses by owners.
8.05.130 Diseased or injured animals.
8.05.010 Impounding of animals.
An Animal Control Officer shall seize and impound any animal found on or off any premises in violation of any portion of this title and he or she shall have a lien upon such animal sufficient to secure payment of all expenses incurred by reason of his or her seizing, keeping, and caring for such animal. Collection of any and all sums due under this chapter shall be accomplished as determined by the City Council for the collection of any debt owed to the City. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.020 Impoundment of dogs.
It is made the duty of an Animal Control Officer to take up and impound all dogs found or kept in the City in violation of any of the sections of this chapter, including, but not limited to, the permit and annual registration sections. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.030 Reserved.
[Ord. 4-2013 §5, eff. 4-12-2013]
8.05.040 Redemption of impounded animals.
A. Except where redemption is not permitted by this title, redemption of an impounded animal by the owner shall be made by exhibiting to Animal Control or animal shelter personnel proof of the owner’s identity and any required license certificate or license tag or other satisfactory proof of ownership with proof of the owner’s identity. No such animal shall be released until redemption fees, costs of care and feeding, veterinary fees incurred if any, and any fees and penalties provided by this title have been paid. Redemption fees shall be established from time to time by resolution of the City Council. No dog or cat shall be released from impoundment until such dog or cat has been licensed or registered as provided by this chapter.
B. In addition to any other fees or fines imposed by this title or State law, the owner of a non-spayed or unneutered dog or cat shall be subject to an “unaltered impounded animal fee.” The unaltered impounded animal fee shall be set by resolution of the City Council. For the purpose of this section, “impounded” shall mean any animal that is impounded in violation of EGMC Section 8.05.020.
1. Fees collected pursuant to this subsection shall be held to ensure the spaying or neutering of the dog or cat. This fee shall be refundable if written proof of spaying or neutering of the animal is presented to the City within thirty (30) business days of the date of redemption. Refunds shall not exceed the actual fee collected and/or the actual cost charged by a licensed veterinarian to surgically alter the animal, whichever is less.
2. If written proof of spaying or neutering is not presented to the City within thirty (30) business days of the date of redemption, the fee shall be forfeited to the City. All unaltered impounded animal fees forfeited or unclaimed under this section shall be retained by the City and used only for the following purposes:
a. A program to spay or neuter dogs and cats;
b. A public education program to reduce and prevent overpopulation of dogs and cats, and the related costs to the City;
c. A follow-up program to ensure that dogs and cats transferred by the City to any other public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group are spayed or neutered;
d. Any additional costs incurred by Animal Control in the administration of this section.
3. The City may extend the date by which spaying or neutering is to be completed at its discretion for good cause shown, including, but not limited to, a written determination by a veterinarian licensed to practice veterinary medicine in this State that a dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered. Any extension shall be in writing and shall be temporary, until the dog or cat is healthy enough to be spayed or neutered as certified by a veterinarian licensed to practice veterinary medicine in this State. The dog or cat shall be spayed or neutered within fourteen (14) business days of that certification. The owner shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the owner presents proof of spaying or neutering to the City within thirty (30) business days of the expiration of the temporary extension, the owner shall receive a refund of the unaltered impounded animal fee pursuant to subsection (B)(1) of this section.
C. A citation pursuant to Section 30804.7 (dogs) or 31751.7 (cats) of the Food and Agriculture Code may be issued in lieu of payment of the foregoing fee.
D. An Animal Control Officer, at his or her discretion, may refuse to permit the redemption of any animal impounded pursuant to the provisions of this title, or any other County, State or municipal law, until in his or her opinion the need for the retention of such animal no longer exists. Circumstances could be, but are not limited to, the area in which the animal is to be housed, the need to properly secure the animal on the owner’s property, and providing proper veterinarian care. The cost of such continued retention, after any request of redemption and tendering of any costs and fees by the owner, shall be borne by the City. This provision shall not apply to animals impounded during or pursuant to an investigation regarding the designation of the animal as potentially dangerous or vicious, or regarding the owner’s care of the animal. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.050 Duration of impoundment.
A. Licensed/Tagged Dog or Cat. All impounded dogs or cats found wearing a current license tag or bearing an identification tag or tattoo shall, unless sooner redeemed, be kept in the animal shelter for a period of not less than four (4) days after notification.
B. Unlicensed/Tagged Dog or Cat. All impounded dogs or cats found not wearing a current license or identification tag shall, unless sooner redeemed or adopted, be kept in the animal shelter for the period of time required by State law.
C. Livestock. Any impounded livestock, such as bovine animals, horses, mules, or burros, shall be kept in the animal shelter for at least fourteen (14) days, 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. Any other livestock shall be disposed of in accordance with the provisions of Sections 17063 through 17095 of the Food and Agriculture Code of the State.
D. Other Animals. Any other impounded animal not listed above shall, unless sooner redeemed or adopted, be kept in the animal shelter for the period of time required by State law, as may be amended from time to time, and no less than six (6) business days. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.060 Disposition authorized.
Except as otherwise provided in this title, an impounded animal which is not redeemed within the specified holding period shall be considered to be abandoned by its owner and shall become the property of the City. Such animal may be adopted or humanely destroyed. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.070 Abandonment.
The refusal or failure of the owner of any such animal to pay the fees and charges, after due notification, shall constitute his or her abandonment of the animal. Any animal not claimed by its owner within the period specified in this title shall become the property of the City and shall be placed for adoption in a suitable home or humanely destroyed. Abandonment does not relieve the owner’s obligation to pay all fees related to the impounding and keeping of the animal. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.080 Voluntary surrender – Fees.
A. Upon request, an owner may surrender his or her animal to an Animal Control Officer for placement for adoption. Any animal which is voluntarily surrendered to or deposited with the animal shelter or an Animal Control Officer 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 an Animal Control Officer.
B. Any owner of an animal who voluntarily surrenders an animal to an Animal Control Officer shall be subject to a fee for each animal over the age of four (4) months. Litters of unweaned animals or animals less than four (4) months of age shall be considered as one (1) animal.
C. The surrender of an animal by an owner to the animal shelter, 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. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.090 Adoption.
Animals subject to disposition by the City may be sold if the animal shelter finds that the sale of any such animal is not contrary to law, to policy of the City, or to the public interest. Dogs or cats may not be sold for purposes other than keeping of pets, and may not be sold without first having been licensed when required, neutered or spayed, or a fee therefor having been deposited. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.100 Sterilization.
A. No unclaimed dog or cat shall be released for adoption without being sterilized or without a written agreement from the adopter guaranteeing that such animal will be sterilized and a sterilization deposit made. The sterilization fee deposit shall be established from time to time by resolution of the City Council.
B. In the event such animal is not sterilized within one (1) year after the date of purchase, the sterilization deposit collected at the time of adoption will be considered abandoned and the money applied to the general Animal Services fund and shall be used only for the following purposes:
1. A public education program to prevent overpopulation of dogs and cats;
2. A program to spay or neuter dogs and cats;
3. A follow-up program to assure that animals sold or given away by the shelter are spayed or neutered;
4. Any additional costs incurred under this section.
C. It shall constitute a misdemeanor to fail to sterilize any dog or cat adopted from the animal shelter and the unsterilized animal shall be impounded. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.110 Voluntary owner releases of dead animal to an Animal Control Officer – Fee.
Any owner of a dead animal who voluntarily releases such animal to an Animal Control Officer, or any dead animal taken into custody by an Animal Control Officer, whose ownership can be determined, shall be subject to a disposal fee. The amount of the disposal fee is set by resolution of the City Council. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.120 Disposal of carcasses by owners.
Any person possessing a dead animal shall take the responsibility of disposing of it in a safe and sanitary manner. Upon the receipt of information that the body of an animal has not been properly disposed of in accordance with this section, an Animal Control Officer shall dispose of the body. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.130 Diseased or injured animals.
A. Notwithstanding any provisions of this title, an impounded animal, which is determined by a veterinarian to constitute a health or safety hazard, shall be destroyed or otherwise disposed of without delay by an Animal Control Officer or the veterinarian.
B. An impounded animal which is determined by a licensed veterinarian to be suffering extreme pain due to disease or injury, and where there is no reasonable probability that the animal will recover from its disease or injury, may be destroyed without delay by an Animal Control Officer or veterinarian.
C. An Animal Control Officer or any police or sheriff’s department may, with the approval of his or her immediate supervisor, humanely destroy within the corporate limits without transporting to shelter or veterinarian any animal too severely injured to move or where a veterinarian is not available or it would be more humane to dispose of the animal. [Ord. 4-2013 §5, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]
8.05.140 Waiver of fees.
The City Manager may authorize the Chief of Police to waive, in full or in part, fees, exclusive of licensing, impound, boarding, permits, or when necessary to accomplish the protection of animal or public health, safety, or welfare, or if the owner provides satisfactory evidence that he or she was not at fault, explicitly or implicitly, for the impoundment or keeping of the animal at an animal shelter. [Ord. 4-2013 §5, eff. 4-12-2013]