Chapter 8.08
IMPOUNDMENT
Sections:
8.08.010 Impoundment authorized upon reasonable cause.
8.08.020 Fine for impounded nonspayed or unneutered dog or cat.
8.08.030 Equipment to impound authorized.
8.08.040 Impoundment on private property.
8.08.050 Duration of impoundment and hearing rights.
8.08.060 Returning animals to known owners.
8.08.070 Disposition authorized.
8.08.090 Animals not subject to redemption or adoption.
8.08.010 Impoundment authorized upon reasonable cause.
Any animal which the 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. 4-2007 § 2].
8.08.020 Fine for impounded nonspayed or unneutered dog or cat.
The owner of a nonspayed or unneutered dog or cat that is impounded by animal services shall be fined $35.00 on the first occurrence, $50.00 on the second occurrence, and $100.00 for the third or subsequent occurrence. These fines are for unaltered impounded dogs and cats only, and are not in lieu of any fines or impound fees imposed by the Sacramento SPCA.
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 the city animal services agency and shall be collected at the city animal services agency. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of dogs or cats, and any additional costs incurred by the city animal services agency or Sacramento SPCA in the administration of requirements of this section. This section is adopted pursuant to Sections 30804.7 and 31751.7 of the California Food and Agriculture Code. [Ord. 4-2007 § 2].
8.08.030 Equipment to impound authorized.
Any person charged with the duty to enforce this chapter may use any humane equipment or device necessary to take up and impound an animal. [Ord. 4-2007 § 2].
8.08.040 Impoundment on private property.
An animal which has become subject to impoundment while off the property of its owner and has returned to the same shall not be impounded if the owner is present to accept a citation for the offense, unless, except as provided in Section 53074 of the California Government Code, a clear and present danger to public safety exists by virtue of the animal remaining upon the property. [Ord. 4-2007 § 2].
8.08.050 Duration of impoundment and hearing rights.
A. All impounded dogs and cats shall be kept at an animal shelter, or other location designated by the animal services manager or his or her designee, for a period of not less than seven days, not including the day of impoundment, unless sooner redeemed by the owner or except as otherwise required herein.
B. All other impounded domestic animals, including, but not limited to, a rabbit, guinea pig, hamster, pig, bird, lizard, snake, turtle, or tortoise, shall be kept at an animal shelter, or other location designated by the animal services manager or his or her designee, for at least seven days, not including the day of impoundment, unless sooner redeemed by the owner or except as otherwise required herein.
C. Animals impounded pursuant to Penal Code Section 597.1, when an owner, driver, or keeper of the animal permits it to go without proper care and attention and prompt action is necessary to protect the health or safety of the animal or others, shall be subject to the following proceedings:
1. The owner or keeper shall be notified, within 48 hours (excluding weekends and holidays), of the opportunity for a post-seizure hearing to determine the validity of the impoundment.
2. To request a hearing, the owner or keeper must give proper notice to the city pursuant to the instructions on the hearing notice and Penal Code Section 597.1.
3. The post-seizure hearing shall be conducted within 48 hours of the request (excluding weekends and holidays). Failure of the owner or keeper to request or attend a scheduled hearing shall result in a forfeiture of any right to a post-seizure hearing or right to challenge his or her liability for costs incurred.
4. All other hearing procedures within RCMC 8.09.050 through 8.09.080, and RCMC 8.09.095 and 8.09.100, shall be applicable to such impoundments.
D. When an animal is subject to possible seizure and impoundment under Penal Code Section 597.1, but where the need for immediate seizure is not present, the city shall provide the owner or keeper of the animal with written notice of an opportunity for a preseizure hearing prior to any seizure or impoundment. Such notice must state that the owner or keeper of the animal must request the hearing in writing within 48 hours of receipt of the notice, excluding weekends and holidays.
1. The preseizure hearing must be conducted within 48 hours, excluding weekends and holidays, after receipt of the request for hearing. Failure of the owner or keeper to request or attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred.
2. The owner shall produce the animal at the hearing, unless prior arrangements are made for the city to observe the animal.
3. All other hearing procedures within RCMC 8.09.050 through 8.09.080, and RCMC 8.09.095 and 8.09.100, shall be applicable to preseizure hearings.
E. Except as otherwise set forth herein, all impounded livestock shall be kept in an animal shelter, or other location designated by the animal services manager or his or her designee, for at least 14 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 14-day impoundment period, the city shall deliver possession of such impounded livestock to the inspector.
F. 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. 20-2014 § 9].
8.08.060 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 an 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. 20-2014 § 9].
8.08.070 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. 20-2014 § 9].
8.08.080 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. 20-2014 § 9].
8.08.090 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. 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. 20-2014 § 9].