Chapter 6.10
IMPOUNDMENT OF ANIMALS
Sections:
6.10.010 Fees for impounding and keeping.
6.10.020 Redemption of impounded animals.
6.10.030 Notification of impoundment.
6.10.040 Disposition of impounded animals.
6.10.050 Care of impounded animals.
6.10.060 Summary seizure and post-seizure notification.
6.10.070 Hearing prior to animal deprivation.
6.10.080 Post-seizure appeal hearing.
6.10.090 Failure to appeal impoundment.
6.10.100 Mandatory sterilization for multiple impounds.
6.10.010 Fees for impounding and keeping.
(a) An impoundment fee shall be charged to the owner of an animal impounded to defray the costs of impoundment, in an amount fixed by resolution of the City Council.
(b) In addition, a fee for keeping an impounded animal shall be charged in an amount sufficient to defray the actual costs of keeping and caring for the animal, as determined by the Administrator. (Ord. 1879 § 1, 3-29-11).
6.10.020 Redemption of impounded animals.
The Administrator or animal control officer may permit an owner or other person entitled to custody of an impounded animal to redeem the animal. No animal may be redeemed without payment of the fees for impounding and keeping the animal, and without compliance with the licensing provision of this title. (Ord. 1879 § 1, 3-29-11).
6.10.030 Notification of impoundment.
The animal control officer will give notice of impoundment to the owner of every animal impounded, if known, by either posting a written notice of the impound in a conspicuous place at the owner’s residence, or personally delivering the notice to the owner on the day of the impound. The notice shall advise the owner that the animal may be forfeited unless the owner contacts the Administrator within five business days. The notice shall set forth a telephone number to contact the Administrator. (Ord. 1879 § 1, 3-29-11).
6.10.040 Disposition of impounded animals.
(a) No animal may be disposed of until seventy-two (72) hours have elapsed from the time of impoundment, exclusive of the day of impoundment and the days that the impounding facility is closed to the public.
(b) Notwithstanding anything to the contrary, an animal which has been determined by a veterinarian licensed by the State of California or by other authorized personnel to be diseased or injured to the extent that emergency veterinary care will not alleviate suffering will be destroyed in accordance with all State and County humane laws as soon as possible. (Ord. 1879 § 1, 3-29-11).
6.10.050 Care of impounded animals.
The animal control officer shall ensure that all impounded animals receive suitable and adequate food, water and shelter. (Ord. 1879 § 1, 3-29-11).
6.10.060 Summary seizure and post-seizure notification.
(a) Notwithstanding SCCC 6.05.030, an animal control officer may seize and impound an animal for violation of any provision of this title or State law prior to a hearing in any of the following situations where the owner is not present and where the officer reasonably believes it is necessary:
(1) To protect public health, safety and property;
(2) To protect an animal that is injured, sick or starving and must be cared for; and
(3) To protect an animal from injury which has strayed onto public property or public right-of-way.
(b) Even when the owner of any animal is present, an animal control officer may seize or impound any animal that the officer reasonably believes to be infected with disease transmittable to humans or to be dangerous so as to be a threat to public health, safety or property. Such seizure or impoundment may be made even though the animal is at the time of seizure confined by the person owning or having charge of the animal if the animal control officer reasonably believes that such seizure and impoundment is necessary to protect the public health or safety.
(c) If the owner or person with the right to control the animal wishes to challenge the seizure or impoundment, he or she shall notify the Administrator in writing, within five business days after the seizure or impoundment.
(d) The Administrator will promptly set the time and place for the hearing and will send notice of the hearing by first class United States mail to the party requesting the hearing no later than five business days before the hearing.
(e) The hearing will be conducted as set forth in SCCC 6.10.080. (Ord. 1879 § 1, 3-29-11).
6.10.070 Hearing prior to animal deprivation.
(a) Except as provided in SCCC 6.05.030 and 6.10.060, the Administrator or animal control officer may not seize or impound any animal without the consent of the owner or person entitled to custody of the animal unless an appeal hearing is held as set forth in SCCC 6.10.080.
(b) If the owner or person who has a right to control an animal refuses to consent to an impoundment of his/her animal, the animal control officer may issue a notice commanding the person to appear before the Administrator at a set time. Failure of a person to appear at the hearing is an infraction, and upon conviction thereof shall be punishable by imprisonment in the court jail for a period not to exceed six months, or by a fine not to exceed five hundred dollars ($500.00), or by both fine and imprisonment, and, in addition, the animal control officer may immediately seize and impound the animal. (Ord. 1879 § 1, 3-29-11).
6.10.080 Post-seizure appeal hearing.
(a) At the hearing, petitioner and the animal control officer may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Technical rules of evidence shall not apply. Any relevant evidence may be admitted as determined by the Hearing Officer. The decision of the Hearing Officer shall be supported by the weight of the evidence and shall be final.
(b) After submission of all the evidence, and not more than fifteen (15) days after the hearing, the Hearing Officer shall notify the petitioner in writing of his/her decision. The Hearing Officer may order the animal released without conditions, may designate the animal dangerous and order release with conditions, may order the animal destroyed or may make other orders as the Hearing Officer determines appropriately fulfills the needs of the animal and the safety of the public based on the weight of the evidence and consistent with this title. The decision of the Hearing Officer shall be final. Any release conditions imposed by the Hearing Officer, which may include but shall not be limited to spaying and neutering, shall be solely in the interest of protecting public health, safety and property. (Ord. 1879 § 1, 3-29-11).
6.10.090 Failure to appeal impoundment.
Any person who fails to appeal any seizure or impoundment by the animal control officer under this chapter within five business days from impoundment shall forfeit all rights of ownership and control of the animal. Final disposition of the animal shall be determined in accordance with the provisions of this chapter and other applicable law. (Ord. 1879 § 1, 3-29-11).
6.10.100 Mandatory sterilization for multiple impounds.
Any unsterilized dog or cat impounded twice or more from the same owner within the lifetime of the animal shall be sterilized at the owner’s expense prior to redemption. At the option of the owner, a private veterinarian may perform the required spaying or neutering. The impounding agency may require that transportation to a private veterinarian be performed by the impounding agency. The owner may request a hearing as set forth in SCCC 6.10.060. (Ord. 1879 § 1, 3-29-11).