CHAPTER 1
ANIMALS GENERALLY
ARTICLE 9. IMPOUNDMENT
SECTION:
§4180: Voluntary Surrender Of Animal; Not Impounded
§4181: Persons Authorized To Impound Animals
§4182: Impoundment Of Dogs Running At Large
§4183: Summary Seizure And Post Seizure Hearing
§4184: Hearing Prior To Animal Deprivation
§4186: Failure To Appeal Impoundment
§4187: Disposition Of Impounded Animals
§4180 VOLUNTARY SURRENDER OF ANIMAL; NOT IMPOUNDED
Any animal or dog which is voluntary surrendered by its owner or person in control of such animal to the Division of Animal Control for the purpose of euthanasia or adoption or selling such animals shall not be deemed to be impounded and need not be kept for any minimum period of time as otherwise specified in this Chapter. (Ord. 923, §2, adopted 1991)
§4181 PERSONS AUTHORIZED TO IMPOUND ANIMALS
A. Impoundment by Public Officers: Any Animal Control Officer or peace officer may impound any animal when the officer deems it necessary in the interest of public health and safety or to prevent needless suffering of any animal.
B. Citizen Impoundment: Any person who finds any animal which has estrayed or is running at large upon their property or any public place in violation of this Chapter, may take possession of and hold the same; provided, however, that the person shall be obligated to notify the Division of Animal Control within twenty four (24) hours of securing possession or control of the animal and give the Division of Animal Control complete information regarding the impoundment and shall surrender the animal to the Animal Control Officer upon demand. The taker-up shall provide adequate, safe and proper care to the animal in conformance with the provisions of Penal Code sections 597, 597a, 597e and 597f.
The taker-up of a stray dog, if said person retains the dog in his possession, shall publish a notice of possession of such dog in a local newspaper or post such notice in a conspicuous place to which the public has access for a period of ten (10) days. An announcement on radio or television for the same period of time may be substituted for the publishing or posting requirement. The notice shall describe the animal found as to breed, size, color, sex and any other identifying marks or license and shall state the date and place where it was taken-up, where currently confined and in whose possession. The taker-up of such stray dog may have a lien for all reasonable expenses which are incurred in taking-up, keeping and caring for it and the cost of publication required by this Section.
Failure to comply with the foregoing requirements constitutes a misdemeanor. (Ord. 923, §2, adopted 1991)
§4182 IMPOUNDMENT OF DOGS RUNNING AT LARGE
An Animal Control Officer shall not seize or impound a dog for running at large under the provisions of this Chapter when the dog has not strayed from and is upon the private property of the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession, nor shall the Animal Control Officer seize or impound a dog which has strayed from, but then returned to the private property of his/her owner or the person who has a right to control the dog, but in such a case, a citation may be issued; provided, however, that if the owner or person who has a right to control the dog is not at home, the dog may be impounded, but the officer shall post a notice of such impoundment on the front door of the residence of the owner or person who has a right to control the dog. The notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding the release of the dog, and an indication of the ultimate disposition of the dog, if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog.
This Section shall not be construed as prohibiting any person from killing a dog in the situation authorized by Food and Agricultural Code sections 31102, 31104, 31152. (Ord. 923, §2, adopted 1991)
§4183 SUMMARY SEIZURE AND POST SEIZURE HEARING
An Animal Control Officer may seize and impound an animal for violation of any provision of this article or State law prior to a hearing in any of the following situations where the owner is not present and where the officer believes it is necessary:
A. To protect public health, safety and property;
B. To protect an animal which is injured, sick, or starving and must be cared for; and
C. To protect an animal from injury which has strayed into public property or public right-of-way.
D. Even when the owner is present where the animal has bitten a human being and the officer reasonably believes that the owner will remove the animal from the City before it has been quarantined as provided in sections 4171 and 4172 of this code. The Animal Control Officer may quarantine the animal as provided in said sections.
If the owner or person who has the right to control the animal wishes to challenge the impoundment, he/she shall personally deliver or mail a written request for a hearing, such that it is received by Animal Control within seventy-two (72) hours of the seizure and impoundment.
Animal Control, upon receipt of a notice of appeal, shall immediately set a time, date and place for a hearing on said matter before the Hearing Officer appointed by the City Council to hear and decide such appeals. Said hearing shall be held not less than five (5) nor more than ten (10) days after the filing of the notice of appeal. Notice of such hearing shall immediately be given to the owner at the address shown in the notice of appeal. During the pendency of any appeal from an order of impoundment or abatement, the animal impounded may be maintained in the City impound facility or other approved facilities.
The hearing shall be conducted as set forth in section 4185 of this code. (Ord. 923, §2, adopted 1991; Ord. 1169, §2, adopted 2016)
§4184 HEARING PRIOR TO ANIMAL DEPRIVATION
Except as provided in section 4182 of this code, a peace officer, agents of the Department of Public Health and the Division of Animal Control may not seize or impound any animal, unless an appeal hearing is held as set forth in section 4185 of this code.
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 at a specified time before the Hearing Officer. (Ord. 923, §2, adopted 1991; Ord. 1169, §2, adopted 2016)
§4185 APPEAL HEARING
At the time, date and place set for said hearing, the Hearing Officer(s) shall hold a hearing at which time the aggrieved owner of the subject animal may appear and testify as to any matters relevant to the proceedings. The Animal Control Officer, County Health Officer, or police officer shall present all evidence, oral and documentary, justifying said order of seizure and impoundment or abatement. Each party may be represented and may call such witnesses as shall be necessary to present testimony on matters relevant to the hearing. Technical rules of evidence shall not apply to said proceedings, and the Hearing Officer(s) may hear and consider any evidence he or she deems relevant and upon which reasonable people would be likely to rely in the consideration of matters of a serious nature. The decision of the Hearing Officer(s) shall be supported by the weight of evidence.
Upon conclusion of the hearing, the Hearing Officer(s) shall determine whether to sustain or overrule the Animal Control Officer, Health Department or Police Department’s order of seizure and impoundment or abatement.
If the order of seizure and impoundment or abatement is not appealed or if such order is sustained after a hearing, the animal seized shall not be released to the owner until the owner pays all fees, charges or costs of the impounding and care for such animal, and said animal owner signs a written promise to control said animal and to prevent said animal from trespassing, howling, barking or making other noises, or causing damage to property, or being vicious or demonstrating that it is potentially vicious or in any manner causing a public nuisance. If all fees, charges, fines, and penalties are not paid or the written promise to abate is not filed with five (5) days of the date that said order of abatement becomes final, the animal impounded shall be placed in a suitable home or humanely destroyed by the impounding agency.
If any seizure and impoundment or order of abatement is overruled by the Hearing Officer(s), the animal impounded shall be released forthwith and the City shall bear all costs and expenses of such impoundment. Nothing in this section shall be deemed to exempt any owner from any fines or penalties imposed by failure to have such animal duly and properly licensed or registered.
In the event any animal owner(s) is ordered to abate a nuisance and, as a result of that order of abatement, said owner fails to take appropriate action which results in the animal constituting such nuisance being impounded and placed in a suitable home or humanely destroyed by the impounding agency, the Hearing Officer(s) may, if a kennel owner is at fault, order that no further kennel license or permit be issued to such kennel licensee or pursuant to this chapter for any such period of time, not to exceed one year, as he, she or they may determine. (Ord. 923, §2, adopted 1991; Ord. 1169, §2, adopted 2016)
§4186 FAILURE TO APPEAL IMPOUNDMENT
Any person who fails to appeal any seizure or impoundment or order of abatement by the Animal Control Officer, the Department of Health or the Police Department or their authorized agents will forfeit all rights of ownership and control of the animal to the Division of Animal Control. Final disposition of the animal shall be determined by the agency in accordance with the provisions of this Chapter and State law.
A. Redemption: Upon proper identification to the Division of Animal Control as the true owner or other person entitled to custody of an impounded dog, said person may redeem such dog.
The same dog being redeemed from impoundment for a second or third time offense shall be redeemed by none other than its actual owner.
No dog shall be redeemed without a valid rabies vaccination certificate, current valid dog license, payment of the fees or charges for impoundment, board and care, or veterinary services rendered.
No large domestic animal shall be redeemed without payment of fees or charges to cover impoundment, capture, or hauling and other expenses incurred in taking-up the animal.
The amount of such fees and charges shall be set by resolution of the City Council.
Any animal or dog impounded by an Animal Control Officer or peace officer into his patrol vehicle prior to being impounded at the animal shelter for reasons of violations of this Chapter, or for the health and safety of the animal, may be released to its owner, or the person entitled to custody upon proper identification by the Animal Control Officer at his/her discretion. However, a notice of warning or citation may be issued to the owner or other person entitled to custody. It is a misdemeanor for any person to remove any animal from the custody of the impounding officer without the express permission of the officer.
B. Adoption/Sale: All dogs and cats adopted or sold from the City Animal Control Shelter shall be spayed or neutered within thirty (30) days of adoption or sale. An amount to cover the cost of spaying or neutering shall be deposited with the Division of Animal Control at the time the animal is obtained. This deposit will be returned when evidence that the animal has been spayed or neutered by a licensed veterinarian is presented. The amount of the deposit shall be set by resolution by the City Council. For animals too young to be spayed or neutered a period of time recommended by a veterinarian will be allowed, but in no case, over ten (10) months of age. Failure to comply will forfeit the deposit. Fees for adoption are set forth by resolution of the City Council.
All dogs and cats adopted or sold from nonprofit fee-exempt kennels shall be neutered or spayed within thirty (30) days of adoption or sale. For animals too young to be spayed or neutered, a period of time recommended by a veterinarian will be allowed, but in no case over ten (10) months of age.
It is a misdemeanor for any person to give false or misleading information to the Division of Animal Control in the adoption of an animal that has been impounded for violation of this Chapter in order to avoid impoundment, boarding care fees or penalties for such violations, if it should be established the adoptee is, in fact, the true owner of the animal being adopted.
As a condition of adoption, the adoptee shall sign a notice agreeing to the provision for adoption that any person adopting any dog or cat from the animal shelter who fails to provide proper and adequate care in accordance with the Penal Code section 597(a) through (t), repeatedly allows the dog to be at large, or fails to obtain required vaccination and license in the case of dogs, or fails to spay or neuter the dog or cat as required, or said animal becomes a nuisance and is in three (3) repeated violations of this Chapter, shall be prohibited from any further adoption of animals from any animal shelter. In addition, said animal shall be taken-up and impounded and not returned to the adoptee. Said adoptee shall forthwith forfeit any right or title to said animal which will then become the property of the City. Adoptee may be subject to any fees, charges, penalties or citations. (Ord. 923, §2, adopted 1991)
§4187 DISPOSITION OF IMPOUNDED ANIMALS
No dog may be disposed of until seventy two (72) hours have elapsed from the time of impoundment, exclusive of the days of impoundment that the impoundment facility is closed, Saturdays, Sundays and holidays.
No stray cat which has been impounded by a public pound, society for the prevention of cruelty to animals, shelter, or humane shelter shall be disposed of before seventy two (72) hours have elapsed from the time of capture of the stray cat, exclusive of the days of that the impoundment facility is closed, Saturdays, Sundays and holidays.
This Section shall not apply to cats which are severely injured or seriously ill, or to newborn cats unable to feed themselves.
The Division of Animal Control may retain any dog, cat or animal under a protective custody hold beyond the seventy two (72) hour period at no charge to the owner.
In lieu of destruction, any dog or cat, at the discretion of the Division of Animal Control, may be released without charge to any humane organization that proves an animal adoption service providing such release or adoption is not in conflict with any provision of this Chapter. Any dog or cat may be returned to the Division of Animal Control without charge should such agency be unable to provide adoption for said animal. (Ord. 923, §2, adopted 1991)