Aliso Viejo Municipal Code Art. V Animal Impoundment

A. The director or his deputies 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 statute.

3. Sick, injured, stray, unwanted animals, for which the owner 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 California 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 upon private property.

7. Animals impounded pursuant to this section.

8. Any other animal authorized to be impounded under this title.

B. The director may place animals which he takes into custody in the Mission Viejo animal shelter or other facility designated by him, except that animals impounded pursuant to subsection (A)(6) of this section may be summarily destroyed. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-37)].

No person shall, without the consent of the owner, hold or retain possession of any animal for more than 24 hours without first reporting the possession of such animal to the director, giving his name and address and a true description of the animal, and then surrendering such animal to the director upon demand. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-38)].

No person shall remove any animal from the custody of the director or from the Mission Viejo animal shelter without permission from the director. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-39)].

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 title, the director shall, within 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.

B. Any impounded animal may be redeemed by the owner upon payment of the fees established by resolution of the city council. The owner must also demonstrate to the satisfaction of the director that he is the owner of the animal, and that he can keep such animal in conformance with the requirements of this title.

C. If a licensed animal is not redeemed within seven days of impoundment, excluding city 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 article. If an unlicensed animal is not redeemed within three days of impoundment, excluding city 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 article. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-40)].

A. Except as otherwise provided by state law or by this title, any animal that is not redeemed pursuant to AVMC 6.04.280 may be sold by the director upon payment of the fees established by resolution of the city council.

B. An unredeemed female dog which has not been neutered shall not be sold or given away, unless the deposit specified in AVMC 6.04.310 has been received. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-41)].

Any impounded animal which has not been redeemed or sold may be disposed of by euthanasia if the director determines that: (A) the animal is a threat to human safety; or (B) medical reasons. Euthanasia may also be performed at the request of the owner of the animal. A fee may be charged in an amount established by resolution of the city council. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-42)].

No humane shelter or shelter operated by a society for the prevention of cruelty to animals shall sell or give away any dog which has not been neutered unless the cost of neutering such dog has been deposited with the shelter for payment to a veterinarian or neutering clinic designated by the person purchasing or receiving the dog. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the shelter of a notice from the veterinarian or clinic that the dog has been neutered. [Ord. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-43)].

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. 2010-126 § 1 (Exh. A); Ord. 2009-108 § 1 (4-1-44)].