Chapter 7.10
ANIMAL IMPOUNDMENT, DISPOSITION, AND ADOPTION
Sections:
7.10.010 Impounding of animals—Collection of fees.
7.10.020 Redemption of impounded animals.
7.10.030 Fines for impoundment of unaltered dogs or cats.
7.10.040 Duration of impoundment.
7.10.050 Returning animals to known owners.
7.10.060 Disposition authorized.
7.10.080 Voluntary surrender—Fees.
7.10.090 Placement of impounded animals for adoption.
7.10.100 Animals not subject to redemption or adoption.
7.10.110 Disposition of dead animals.
7.10.120 Killing of severely injured animal authorized.
7.10.010 Impounding of animals—Collection of fees.
The animal services officer may seize and impound any animal found on or off any premises in violation of any portion of this title or any animal running at large. The owner of the animal shall be liable for all costs and expenses incurred by reason of the animal services officer seizing, keeping, and/or caring for such animal. The city shall have all available remedies in the collection of such fees as it would in the collection of any other debt owed to the city. Except as otherwise provided herein, impounded animals shall be taken to the city’s animal shelter or other appropriate location for the shelter of animals as determined by the animal services officer. (Ord. 1120 § 2 (part), 2009)
7.10.020 Redemption of impounded animals.
A. Except as otherwise provided herein, or where redemption is not permitted by this title or other applicable law, redemption of an impounded animal by the owner shall be made by presenting animal services or animal shelter personnel proof of the owner’s identity and any required license certificate, or other satisfactory proof of ownership of the animal. 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 as provided by this title.
B. Any animal services 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 applicable law, until in his or her opinion the need for the retention of such animal no longer exists. Circumstances justifying continued retention may include, but are not limited to, the condition of the premises at which the animal is to be housed, the need to properly secure the animal on the owner’s property, and the need to provide proper veterinarian care to the animal. The owner shall be responsible for all fees and expenses of continued retention. 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. (Ord. 1120 § 2 (part), 2009)
7.10.030 Fines for impoundment of unaltered dogs or cats.
Pursuant to California Food and Agricultural Code Sections 30804.7 and 31751.7, the owner of a nonspayed or unneutered dog or cat that is impounded by the city shall be fined thirty-five dollars on the first occurrence, fifty dollars on the second occurrence, and one hundred dollars for the third or subsequent occurrence or as otherwise increased under the Food and Agricultural Code from time to time. These fines are in addition to, and not in lieu of, any other fines or impound fees imposed by the city. (Ord. 1120 § 2 (part), 2009)
7.10.040 Duration of impoundment.
A. All impounded dogs and cats shall be kept at the animal shelter, or other location designated by the chief of animal services, for a period of not less than seven days, not including the day of impoundment, unless sooner redeemed by the owner.
B. All other impounded domestic animals, including, but not limited to, a rabbit, guinea pig, hamster, potbellied pig, bird, lizard, snake, turtle, or tortoise shall be kept at the animal shelter, or other location designated by the chief of animal services, for at least seven days, not including the day of impoundment, unless sooner redeemed by the owner.
C. Except as otherwise set forth herein, all impounded livestock shall be kept in the animal shelter, or other location designated by the chief of animal services, for at least fourteen days, not including the day of impoundment, unless sooner redeemed by the owner, and if not redeemed within that time shall be turned over to the California State Bureau of Livestock Identification for disposition by that office. If an inspector from the California State Bureau of Livestock Identification makes a request upon the city to turn over the impounded livestock prior to the expiration of the fourteen-day impoundment period, the city shall deliver possession of such impounded livestock to the inspector.
D. During the holding period required by this section, and prior to the adoption or euthanasia of any impounded animal, the animal shelter shall scan the animal for a microchip which may identify the owner of that animal, and the animal shelter shall make reasonably diligent efforts to contact the owner and notify him or her that his or her animal is impounded. (Ord. 1120 § 2 (part), 2009)
7.10.050 Returning animals to known owners.
When any animal is impounded, and its ownership is known to the animal services officer, in lieu of taking the animal to the animal shelter, the animal services officer, at his or her discretion, may return the animal to its owners and may cite the owner of the animal for any violations of the provisions of this title. (Ord. 1120 § 2 (part), 2009)
7.10.060 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 placed for adoption or humanely euthanized. No animal which is impounded shall be euthanized prior to a reasonably diligent attempt to contact the animal’s owner, if known. (Ord. 1120 § 2 (part), 2009)
7.10.070 Abandonment.
The refusal or failure of the owner of any impounded animal to pay the fees and charges, after due notification, shall constitute an 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 may be placed for adoption or humanely euthanized. Abandonment does not relieve the owner’s obligation to pay all fees related to the impounding and keeping of the animal. (Ord. 1120 § 2 (part), 2009)
7.10.080 Voluntary surrender—Fees.
A. An owner may surrender his or her animal to the animal services department for placement for adoption, which animal may or may not be accepted by the animal services department, at the discretion of the chief of animal services. Any animal which is voluntarily surrendered to, and accepted by, the animal services department 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 animal services officer.
B. Any owner of an animal who voluntarily surrenders an animal to the animal services officer shall be subject to a fee for each animal, as established by the city council.
C. The surrender of an animal by an owner to the animal shelter, subsequent to impoundment for a violation of title or any provisions of state law, shall not relieve the owner of the obligation to pay such applicable charges, fees, or fines incurred prior to such surrender. (Ord. 1120 § 2 (part), 2009)
7.10.090 Placement of impounded animals for adoption.
Except as otherwise provided herein or other applicable law, any animal that is impounded pursuant to this title may, after the time for redemption and prior to the euthanasia of that animal, be released to an animal rescue or animal adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. In addition to any required spay or neuter fee, the animal rescue or animal adoption organization may assess a fee for animals adopted or released. No dog or cat shall be released for adoption or rescue without being spayed or neutered. (Ord. 1120 § 2 (part), 2009)
7.10.100 Animals not subject to redemption or adoption.
Consistent with Food and Agricultural Code Section 17006, animals impounded by or surrendered to the city that are irremediably suffering from a serious illness or severe injury, as determined by a veterinarian, shall not be held for owner redemption or adoption and may be humanely euthanized by the city. Newborn animals that need maternal care and cannot reasonably survive without their mothers that have been impounded by or surrendered to the city without their mothers may be euthanized without being held for owner redemption or adoption. (Ord. 1120 § 2 (part), 2009)
7.10.110 Disposition of dead animals.
A. Any owner of a dead animal who voluntarily releases such animal to the animal services department, or any owner of a dead animal taken into custody by the animal services officer whose ownership can be determined, shall be subject to an animal disposal fee.
B. 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 carcass of an animal has not been properly disposed of in accordance with this section or applicable law, the animal services officer shall dispose of the carcass and the owner of such animal shall be subject to an animal disposal fee. (Ord. 1120 § 2 (part), 2009)
7.10.120 Killing of severely injured animal authorized.
An animal services officer, any city police officer, or other peace officer may, with the approval of his or her immediate supervisor, humanely kill within the corporate limits of the city, without transporting to an animal shelter or veterinarian, any animal reasonably determined by the animal services officer, police officer or peace officer to be too severely injured to move and that it would be more humane to kill the animal than allow it to suffer. The animal services officer, police officer, or peace officer shall make a reasonable attempt to notify the owner of the animal before killing it, taking into account all the circumstances of the situation and recognizing that notification of the owner may not be feasible. (Ord. 1120 § 2 (part), 2009)