Chapter 8.16 — \IMPOUNDMENT

• For statutory authority empowering counties to maintain, regulate, and govern public pounds, see Gov. Code § 25802.

A.

All impounded dogs found wearing a current dog license tag shall be kept in the animal shelter for a period of not less than three days unless redeemed within such period.

B.

All impounded dogs not wearing a current dog license tag shall be kept in the animal shelter for a period of not less five days unless redeemed within such period.

C.

Any impounded animal which is of a type referred to in Section 17003 of the State Food and Agricultural Code shall be kept in the animal shelter for at least three days unless it is redeemed within that period. If the animal is a bovine animal and is not redeemed, it shall be turned over to the State Bureau of Livestock Identification for disposition by that office.

D.

Any other impounded animal, with the exception of feral cats, shall be kept in the animal shelter for at least three days unless redeemed within that period.

E.

Any animal which is voluntarily surrendered to or deposited with the animal shelter or authorized personnel thereof, by the owner, shall not be deemed to be impounded and need not be kept or retained for any minimum period of time.

Except as provided in section 8.16.035, below, the owner of any animal impounded may, at any time before the disposition thereof, redeem the same by paying all proper fees and charges accrued as provided for by this title; provided, however, that if the animal is one which is subject to a license herein, the licensing requirements must be satisfied before the animal's release, except that an impounded dog that has not been vaccinated against rabies, or exempted therefrom by an exemption as provided in this title, may be released to an owner who has paid all fees required herein, including the license fee, on condition that such owner shall:

A.

Have the dog vaccinated against rabies within ten days; and

B.

Present to the animal control director or officer a valid certificate of vaccination within ten days, at which time the license will be issued.

C.

Upon the third (3rd) impound of the same intact (un-neutered) dog, the owner must either (1) have the dog spayed or neutered prior to release from the animal shelter, or pay a fee of one hundred fifty dollars ($150.00), in addition to all other fees provided for elsewhere in this title.

8.16.035 Limitations on redemption. Notwithstanding the provisions of Section 8. 16.030, above, if an animal has been impounded because of a violation of Section 8.08.040 of this title or any other provision of state law or regulation relating to cruelty to or improper treatment of animals, such impounded animal shall not be released for redemption unless and until, in addition to the requirements set forth in Section 8.16.030, the owner of such animal demonstrates to the reasonable satisfaction of the animal control director that the conditions which led to the impoundment of the animal have been remedied.

A.

Except as otherwise provided in this title, an impounded animal which is not redeemed within the applicable holding period specified herein may, in the discretion of the animal control director, be adopted or destroyed; provided, however, that no live animal shall be adopted or destroyed or otherwise disposed of until not less than seventy-two hours after notice of the impoundment has been given to the owner, if the owner is known; and provided further, no live animal may be sold or otherwise disposed of for the purpose of experimentation or medical research.

B.

Notwithstanding any other provision of this title to the contrary, an impounded animal which is determined by the animal control director or the director's designee to constitute a public health hazard may be destroyed, quarantined, or otherwise disposed of as ordered by the animal control director upon the concurrence of the county health officer.

A.

The animal control director shall ensure that all animals falling into the following categories shall be isolated or quarantined at the place and under the conditions prescribed by the health officer and pertinent state laws and regulations:

1.

Known rabid animals;

Suspect rabid animals;

3.

Animals that have bitten or otherwise exposed a human to rabies;

4.

Animals, of a species subject to rabies, which have been bitten by a known rabid or suspected rabid animal or have been in intimate contact with a rabid or suspected rabid animal.

B.

It is unlawful for the owner or keeper of an animal to violate any of the conditions of isolation or quarantine prescribed by the health officer.

The health officer may determine and declare that a rabies epidemic or other unusually dangerous health situation exists among dogs or other animals in the county, or 'in any part thereof,

including incorporated cities within the county. Upon making such a declaration, the health officer shall prepare and promulgate, with the approval of the board of supervisors, such rules and regulations as are necessary for the conduct of all persons within the area where the dangerous condition exists and such rules and regulations as are necessary for the control of the dogs and other animals within said area. These rules and regulations of the health officer may include, but are not limited to, quarantine, vaccination, and destruction of diseased or suspected or stray animals by humane methods. It shall be the duty of the animal control director to comply with all directives of the health officer in the enforcement of such rules and regulations. A violation of any of such rules or regulations shall be a violation of this title.

A.

Every dog over four months of age shall have a medically current vaccination with a canine antirabies vaccine approved by the State Health Department. Such vaccination shall be administered by a veterinarian or as provided through county recognized vaccination clinics.

B.

Every person who owns or comes to own an unvaccinated dog shall have ten days in which to comply with the provisions of this section.

C.

Notwithstanding any provisions to the contrary herein, no dog need be vaccinated for rabies where:

1.

A licensed veterinarian has examined said dog and certified at such time that a vaccination would endanger the dog's health because of physiological reasons; and

2.

Such certificate is presented to the health officer or the health officer's designee with five days of such examination; and

3.

The health officer (or his/her designee) concurs in the opinion of the veterinarian, contained in such certificate, and endorses on such certificate his approval thereof. Such certificate must bear the date of issuance and must be renewed each year.

Every veterinarian after vaccinating a dog for rabies, shall issue a certificate to the owner. The certificate shall include the following information:

A.

The owner's full name, address, and telephone number;

B.

The vaccination tag number;

C.

The breed, age, sex, and color or markings of the dog;

D.

A statement which provides: "This certificate that the dog described herein was vaccinated against rabies with an approved rabies vaccination approved by the State Department of Health."

E.

The signature of the veterinarian administering the vaccination, or the veterinarian's agent; and

F.

The date of the vaccination and date of renewal.