Chapter 6.20
IMPOUNDMENT OF ANIMALS
Sections:
6.20.020 Care of impounded animals.
6.20.030 Charges for impoundment.
6.20.040 Managing impounded animals.
6.20.050 Reclaiming impounded animals.
6.20.060 Recordkeeping requirements.
6.20.010 Impoundment of animals at large and animals posing an immediate threat to health and safety.
(A) It shall be the duty of the Director to impound on sight, after making such investigation as is reasonable under the circumstances for the purpose of locating the owner, any animal found at large in violation of any of the provisions of this title or of Division 14 of the California Food and Agricultural Code (commencing with Section 30501), and to keep any such animal so impounded as provided in this chapter.
(B) An animal control or law enforcement officer may seize and impound an animal when probable cause exists that the animal poses an immediate threat to public safety. The owner of the animal is liable for the impound fee and costs if the animal is determined to be potentially dangerous or vicious. The fees and costs must be paid before the release of the animal, but no later than 14 days after the animal is available to be released.
(C) When an animal has been impounded under subsection (B) of this section and it is not contrary to public safety, the Director may allow the animal to be confined at the owner’s expense in a Department-approved animal or veterinary facility. [Ord. 5388 § 10, 2022].
6.20.020 Care of impounded animals.
The Director shall ensure that impounded animals are provided with proper and sufficient wholesome food and fresh water suitable for the age, species, and nutritional requirements of the animal. Food shall be of a nature compatible with the dietary habits and needs of the animal.
Animals must have access at all times to potable water, unless otherwise directed by a veterinarian. All animal food must be properly stored to prevent contamination, infestation by vermin, and exposure to the elements. [Ord. 5388 § 10, 2022].
6.20.030 Charges for impoundment.
(A) Basic Charges.
(1) The Director shall charge, and collect from the owner, the charges for impounding animals as established by resolution of the Board of Supervisors.
(2) For dogs, cats, and rabbits impounded for the first time, the Director may waive the impounding fee for any unaltered dog, cat, or rabbit when, prior to the release of the animal, the reclaiming owner volunteers their animal for spaying or neutering and deposits the fees for the spaying or neutering with the Director.
(3) Upon the second or subsequent impoundment of a dog, cat, or rabbit, the Director may not waive the impounding fee for any such unaltered animal. Prior to the release of this subsequently impounded dog, cat, or rabbit, the Director shall require that the animal be spayed or neutered and shall require the owner to pay the impounding fee as established by resolution of the Board of Supervisors, and to deposit the fees for the spaying or neutering with the Director.
(a) The Director shall serve upon the owner of the animal, either personally or either by first class mail with return receipt requested or priority mail, written notice that said animal shall be spayed or neutered upon the expiration of the appeal period, unless the owner requests an administrative hearing.
(b) The notice shall contain: (i) the name, business address and telephone number of the person providing the notice; (ii) the authority for the order to spay or neuter the animal; (iii) a description of the animal, including any known identification upon the animal; (iv) a statement that the cost of caring and treating any animal is a lien on the animal, and that the animal shall not be returned to its owner until the charges are paid; and (v) notice of the owner’s right to request an administrative hearing to appeal the Director’s order under the provisions of Chapter 6.26 SCCC. Having served such notice, the Director shall continue to detain the animal at the owner’s expense until a hearing is held or the animal is spayed or neutered.
(c) The owner shall pay all impound charges required by law before the animal is released from the shelter. If the owner refuses to make such payment, the Director shall manage the animal as provided in SCCC 6.20.040.
(B) Daily Costs. In addition to the charges specified in subsection (A) of this section, the Director shall charge and collect from the owner the reasonable cost incurred in caring for and housing the impounded animal, as established by resolution of the Board of Supervisors.
(C) Appealing Charges for Impoundment.
(1) Whenever an owner objects to payment of impound charges on the ground that the impoundment of their animal was not lawfully accomplished as provided in this title, the owner may appeal the decision under the provisions of Chapter 6.26 SCCC.
(2) If no hearing is requested within 48 hours after impoundment, or if a hearing is held and the hearing officer determines that the animal was lawfully impounded, the owner shall pay all impound charges required by law before the animal is released from the Animal Shelter. If the owner refuses to make such payment, the Director shall make the animal available for adoption or humanely euthanize it as provided in SCCC 6.20.040. If, after hearing, the Director determines that the animal was not lawfully impounded, the animal shall be returned to its owner and no impound charges of any kind shall be imposed. [Ord. 5388 § 10, 2022].
6.20.040 Managing impounded animals.
(A) Impounding Pet Based on Owner’s Request. It shall be the duty of the Director to impound any domestic animal pet at the request of the owner when the owner delivers the pet to the Director.
(B) Humanely Euthanizing Dangerous or Infirm Animals. The Director is authorized, directed, and empowered to humanely euthanize any animal lawfully impounded which is dangerous to keep impounded or is, by reason of disease or injury, appropriate for humane euthanizing.
(C) Adoption of Impounded Animals. Unless impounded animals without proper identification are redeemed within 72 hours, or animals with proper identification or under protective custody status are redeemed within seven days, they may be offered for adoption by the Director, provided all reasonable effort has been made to notify the owner of the animal. The adopter shall not be given possession of any dog or dogs, including dogs under six months of age, until they have deposited with the Director a sum sufficient to cover the cost of a rabies vaccination for any dog which does not have a current vaccination.
(D) Humanely Euthanizing Unclaimed Impounded Animals.
(1) The Director may humanely euthanize any animal lawfully impounded without proper identification which remains unclaimed by its owner, if any, for more than 72 hours excluding legal holidays.
(2) Stray dogs and cats with proper identification or under protective custody status that are impounded by the Director shall be held for a minimum of seven days. During the period that the animal is held, the Director shall attempt to inform the owner of the location of the impounded animal and how the owner may claim the animal. If telephone contact is unsuccessful, the owner shall be notified by mail sent to the last recorded address of the owner. Seven days after mailed notice is sent, the Director may humanely euthanize the animal if it remains unclaimed.
(3) Humane euthanizing of unclaimed livestock shall be performed in accordance with the provisions of the California Food and Agricultural Code. [Ord. 5388 § 10, 2022].
6.20.050 Reclaiming impounded animals.
The owner of any impounded animal shall have the right to reclaim the animal at any time prior to the lawful disposition thereof, provided payment is made to the Director of the costs and charges specified for the impounding and keeping of the animal; and provided further, that as to any dog without a current license, a deposit is made with the Director to cover the license fee and the cost of a rabies vaccination. [Ord. 5388 § 10, 2022].
6.20.060 Recordkeeping requirements.
The Director shall keep a record of the number of all animals impounded showing in detail in the case of each animal the description, dates of receipt, the date and manner of disposal, the name of any person redeeming or adopting, and any fees and charges received on account thereof. [Ord. 5388 § 10, 2022].