Chapter 6.32
IMPOUNDMENT
Sections:
6.32.050 Notice – Completion of service.
6.32.060 Duration – Unlicensed animal.
6.32.070 Duration – Licensed dog.
6.32.080 Repealed.
6.32.090 Duration – Livestock.
6.32.120 Disposition of injured animal.
6.32.160 Diseased or injured animal.
6.32.170 Adopted dogs and cats – Microchipping required.
6.32.180 Reclaimed dogs and cats – Microchipping required.
6.32.190 Fine for impounded nonspayed or unneutered dog.
6.32.010 Authorized.
Any animal that law enforcement or an animal services officer has reasonable cause to believe is engaged in activities, or existing in a condition, prohibited by this title shall be impounded. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.020 Notice – Required.
Except as otherwise provided in this chapter, no animal impounded shall be disposed of until and after notice is given by SASA to the owner of the impounded animal, if he is known. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.030 Notice – Form.
The notice to the owner shall be in writing and shall contain a description of the animal impounded and the date and place of impoundment and the license tag number, if available. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.040 Notice – Service.
Notice to the owner may be served by delivering a copy to the owner of the animal personally, or by sending a copy by mail to the address provided on the application for license, or if the animal is unlicensed, then to the owner’s place of residence or last known address. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.050 Notice – Completion of service.
Service of notice by mail is deemed complete on the day after such mailing. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.060 Duration – Unlicensed animal.
If an impounded animal bears identification or has a license tag and the owner is unknown, the animal shall be held for seven days. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.070 Duration – Licensed dog.
All impounded dogs found wearing a current license tag or bearing identification shall, unless sooner redeemed, be kept in the animal shelter for a period of not less than seven days after notification. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.080 Duration – Unlicensed dog.
Repealed by Ord. 13-04(A). (Ord. 89-04 § 2, 1989)
6.32.090 Duration – Livestock.
Any impounded animal, which is a kind referred to in Section 17003 of the Food and Agricultural Code (bovine animal, horse, mule or burro) shall be kept in the animal shelter for at least 14 days, unless it is redeemed within that period. If the animal is a bovine animal and is not redeemed, the State Bureau of Livestock Identification shall be notified. The animal shall be sheltered at the direction of the Bureau of Livestock Identification for disposition by that office. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.100 Duration – Animals.
Any impounded animal shall, unless sooner redeemed, be kept in the animal shelter for at least four days, unless the animal was seized pursuant to an illegal activity. In those cases where an animal is seized pursuant to an illegal activity, and where no owner is known or identified, animal services authorized staff shall dispose of the animal as required by law. In those cases where an animal is seized pursuant to an illegal activity, and where the owner is known or identified, the animal shall be disposed of as required by law. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.110 Voluntary surrender.
Any animal that is voluntarily surrendered to or deposited with the animal shelter, or an animal services officer, by the owner, shall immediately thereafter become the property of SASA for the purposes of HMC 6.32.140 and 6.32.150. The owner shall pay an owner surrender fee.
A fee shall be paid by the owner of any animal that is voluntarily surrendered to or deposited with the animal shelter, if that owner’s primary residence is not located within a jurisdiction served by SASA. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.120 Disposition of injured animal.
A veterinarian who receives an injured animal under the provisions of Section 597(f) of the Penal Code shall promptly notify the executive director of animal services of his disposition of such animal, and if the animal is given care and treatment, the waiting period before destruction of the animal shall be the same as the duration of impoundment provided by this chapter. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.130 Owner redemption.
The owner or person entitled to custody or control of any impounded animal may, at any time before the sale or adoption or disposition of the animal, redeem such animal upon complying with the conditions and paying the fees established by ordinance of the board of supervisors. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.140 Disposal authorized.
Except as otherwise provided in this chapter, an impounded animal that is not redeemed within the specific holding period shall be considered to be abandoned by its owner and shall become the property of SASA. Such animal may be sold, adopted, euthanized or otherwise disposed of as authorized by resolution of the board of SASA. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.150 Sale of animal.
Except as otherwise provided in this chapter, an impounded animal that is not redeemed within the applicable holding period specified in this chapter, or an animal voluntarily surrendered to SASA, or an animal that has been impounded for quarantine or is known to have bitten a human or to have demonstrated potentially dangerous or vicious propensities, at the discretion of the animal services executive director, may be sold or adopted for its fair market value as determined by the animal services executive director; and, upon reasonable conditions as the animal services executive director finds appropriate, may be euthanized. When an animal is sold/adopted, the receipt issued by SASA shall be valid title to the purchaser. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.160 Diseased or injured animal.
Notwithstanding any provisions of this chapter, an impounded animal, which is determined by the health officer or a veterinarian to constitute a health or safety hazard, shall be euthanized or otherwise disposed of without delay by animal services authorized staff or the veterinarian. An impounded animal, which is determined by a veterinarian, to be suffering extreme pain due to disease or injury, and there is no reasonable probability that the animal will recover from its disease or injury, may be euthanized without delay by animal services authorized staff or the veterinarian. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989)
6.32.170 Adopted dogs and cats – Microchipping required.
All dogs and cats adopted from the animal shelter shall be implanted, prior to the animal leaving the animal shelter, with a microchip provided by SASA. The microchip identification number shall be maintained on file at the animal shelter for identification purposes. (Ord. 13-04(A) § 1, 2013)
6.32.180 Reclaimed dogs and cats – Microchipping required.
Any dog or cat impounded under authority of this chapter, which has no current license or any other visible means of permanent identification shall be, upon identification and reclaim by its owner, implanted with a microchip provided by SASA.
In addition, any dog or cat that has been identified by SASA as a “bite dog” or “bite cat” (a dog or cat which has previously bit a person or another animal) will be implanted with a microchip provided by SASA, regardless of whether the dog or cat has been licensed or not.
The cost of the microchip and the service to implant the microchip is to be determined by ordinance of the board of supervisors, and shall be paid by the animal’s owner before the animal’s release. The microchip’s identification number shall be maintained on file at the animal shelter for identification purposes. (Ord. 13-04(A) § 1, 2013)
6.32.190 Fine for impounded nonspayed or unneutered dog.
The owner of a nonspayed or unneutered dog that is impounded by SASA shall be fined as set forth in Chapter 6.50 HMC. These fines are for unaltered impounded dogs only, and are not in lieu of any fines or impound fees imposed by SASA.
An animal services officer, humane officer, police officer, peace officer or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided above. The fines shall be paid to SASA and shall be collected at SASA. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of dogs, and any additional costs incurred by SASA or animal shelter in the administration of requirements of this section. The ordinance codified in this section was adopted pursuant to Section 30804.7 of the Food and Agricultural Code. (Ord. 13-04(A) § 1, 2013)