Chapter 13-28
ANIMAL IMPOUNDMENT
Sections:
13-28.010 Impoundment by Director.
13-28.020 Retention without owner’s consent.
13-28.030 Removal of animals from animal shelter prohibited.
13-28.040 Redemption of animals from animal shelter.
13-28.050 Sale of unredeemed animals.
13-28.060 Disposition by euthanasia.
13-28.080 Sale, giveaway, acceptance and/or barter of animals on animal shelter property.
13-28.010 Impoundment by Director.
A. The Director and his or her duly authorized deputies and agents may take into custody:
1. Any animal kept or maintained contrary to the provisions of this code, any regulation adopted thereunder, or any state statute.
2. Animals running at large contrary to the provisions of this title or any state statute.
3. Sick, injured, stray, unwanted animals, for which the owner and/or custodian cannot be found or is unable or unwilling to provide proper care.
4. Animals quarantined for which no other place of quarantine is acceptable to the Director.
5. Animals delivered or requested to be impounded by a peace officer, or public officer or employee as defined in Penal Code Section 836.5.
6. Any wild animal found to be at large upon any public property, or upon request of the owner or tenant, found to be at large on private property.
7. Any other animal authorized to be impounded under this title.
B. The Director may place animals which are taken into custody in the city of Mission Viejo Animal Services Center or other facility designated by the Director, except that animals impounded pursuant to subsection (A)(6) of this section may be summarily destroyed.
(Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-105. Formerly 13-20.010)
13-28.020 Retention without owner’s consent.
No person shall, without the consent of the owner, hold or retain possession of any animal for more than twenty-four (24) hours without first reporting the possession of such animal to the Director, giving their name and address and a true description of the animal, and then surrendering such animal to the Director upon demand. (Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-106. Formerly 13-20.020)
13-28.030 Removal of animals from animal shelter prohibited.
No person shall remove any animal from the custody of the Director or from the city of Mission Viejo Animal Services Center without permission from the Director to do so. (Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-107. Formerly 13-20.030)
13-28.040 Redemption of animals from animal shelter.
A. Except as otherwise provided by state law or this title, when any animal, other than an animal abandoned by its owner, is impounded pursuant to this chapter, the Director shall, within twelve (12) working hours after impounding such animal, notify the owner, if known, of the location of such animal. The notification shall be by mail with postage fully prepaid thereon, together with any other reasonable means.
B. Any impounded animal may be redeemed by the owner upon payment of the fees established by the city of Mission Viejo. The owner must also demonstrate to the satisfaction of the Director that they are the owner of the animal and that they can keep such animal in conformance with the requirements of this title.
C. If a licensed animal is not redeemed within ten days of impoundment, excluding city of Mission Viejo holidays and the day of impoundment, it shall be deemed abandoned and the Director may sell, release, or destroy such animal pursuant to the regulations established in this chapter. If an unlicensed animal is not redeemed within five days of impoundment, excluding city of Mission Viejo holidays and the day of impoundment, it shall be deemed abandoned and the Director may sell, release, or destroy such animal pursuant to the guidelines established in this chapter.
(Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-108. Formerly 13-20.040)
13-28.050 Sale of unredeemed animals.
A. Except as otherwise provided by state law or by this title any unredeemed animal shall be deemed to have escheated to the city of Mission Viejo and thereafter may be sold by the Director upon payment of the fees established by the city of Mission Viejo.
B. An unredeemed dog or cat which has not been spayed or neutered shall not be sold or given away unless the deposit specified in Section 13-28.070 has been received.
(Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-109. Formerly 13-20.050)
13-28.060 Disposition by euthanasia.
Any impounded animal which has not been redeemed or adopted may be disposed of by euthanasia. (Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-110. Formerly 13-20.060)
13-28.070 Animal shelter.
No humane shelter or shelter operated by a society for the prevention of cruelty to animals shall adopt or give away any dog or cat that has not been spayed or neutered unless a spay/neuter deposit is made at the time of adoption or giveaway. The deposit will be refunded to the person adopting or receiving the dog or cat when a notice is received by the shelter from a licensed veterinarian that the spay or neuter has been completed. (Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-111. Formerly 13-20.070)
13-28.080 Sale, giveaway, acceptance and/or barter of animals on animal shelter property.
No person shall sell, barter or give away, nor shall any person buy, accept or take possession of, any animal on premises upon which a municipally owned or operated animal shelter is located, including adjacent parking areas, without the written permission of the Director. The Director may define the premises covered by this section and cause those areas to be posted so as to advise persons of the provisions of this section. (Ord. 2017-1 § 1 (part): Ord. 2016-9 § 1 (part): OCC § 4-1-112. Formerly 13-20.080)