Division 3 — POUNDMASTER'S DUTIES AND POWERS

4113. • CAPTURE OF ANIMALS.

The Poundmaster is authorized to capture and take into custody all:

(a)

Unlicensed dogs;

(b)

Dogs and other animals running at large contrary to the provisions of the State Agricultural Code or any other state statute or of Part 2 of this Chapter;

(c)

Sick, injured, stray, unwanted, or abandoned animals;

(d)

Dogs which are unvaccinated in violation of Part 2 of this Chapter;

(e)

Animals delivered by the owners to the Poundmaster, all Title and interest in which is abandoned by such owners;

(f)

Animals for which the owner or custodian is unable to care because of imprisonment, illness, bankruptcy, litigation, or other contingency, or in cases in which the owner or custodian cannot be found.

(Amended by Ord. 1187 adopted 2-5-63; amended by Ord. 2014 adopted 7-5-94)

The Poundmaster shall pick up or accept and care for any animal to be held for observation by the County Health Officer.

The Poundmaster shall place all animals which he takes into custody in the City Pound or in such shelters or pounds as shall be designated by proper authorities pursuant to law and the provisions of this Part.

The Poundmaster shall investigate and report to the Chief of Police or other proper law enforcement officer or humane society, all instances coming within his knowledge of inhumane treatment or cruelty to animals, and he may furnish shelter for any such animal which has received inhumane treatment.

The City Poundmaster shall procure the number of license receipts and dog license tags needed each year and shall keep a register wherein shall be entered the name and address of each person to whom any dog license tag is issued, the number of such tag and the date of issuance thereof, and a description of the dog for which issued.

The Poundmaster, any officer or employee thereof or other duly designated representative of the County, and any police officer shall have the right to make an inspection to enforce the provisions of this Part or other applicable law by entering into any building or upon any property within the City of Arcadia when said person has reasonable cause to believe that there exists in any building or upon any property any violation of the provisions of this Part or other applicable law; provided that:

(a)

If such building or property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor; and if such building or property be unoccupied, he shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building or property and request entry explaining his reasons therefor.

(b)

If entry into said building or upon said property be refused, the Poundmaster, any officer or employee thereof or other duly designated representative of the County, and any police officer shall obtain an inspection warrant pursuant to the provisions of the Code of Civil Procedure (Sections 1822.50—1822.57), for the entry and inspection of said building or said property.

(c)

Notwithstanding the foregoing, if the Poundmaster, any officer or employee thereof, or other duly designated representative of the County, and any police officer has reasonable cause to believe that the keeping or the maintaining of any animal is hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, he shall have the right to immediately enter and inspect such building or property, and may use any reasonable means required to effect such entry and make such inspection, whether such building or property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the building or property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor.

This Section shall not prohibit the Poundmaster, any officer or employee thereof, and any police officer from entering upon any public or private property in the City of Arcadia for the purpose of capturing an animal running at large in violation of this Part or other applicable law. Any person who denies or prevents, obstructs, or attempts to deny, prevent, or obstruct said capture is guilty of a misdemeanor. (Amended by Ord. 1630 adopted 5/16/78)

For the purpose of discharging the duties imposed upon him by this Part, the Poundmaster, each Poundkeeper and each person authorized under the provisions of this Part to enforce the provisions hereof and to take up and impound any unlicensed dog and any unvaccinated dog required by this Part to be vaccinated, is authorized to enter upon any premises upon which any dog is kept or harbored or upon which he has reason to believe any dog is kept or harbored and demand the exhibition by the person owning or having charge or control of any such dog, of the dog, the required rabies vaccination certificate and the license or license tag for such dog for the current year provided by Part 2 of this Chapter. No person upon whom any demand is made under authority of this Part for the exhibition of any dog, and required rabies vaccination certificate, or any dog license or tag shall fail or refuse to exhibit the same if he has it in his possession.

(Amended by Ord. 1187 adopted 2-5-63; amended by Ord. 2014 adopted 7-5-94)

No person shall interfere with, oppose or resist any poundkeeper or other person authorized under the provisions of this Part to take up and impound animals while such poundkeeper or other person is engaged in the performance of any act authorized by this Part.

Each person or association in charge of any pound provided for herein shall collect and pay into the proper depository the fees specified in this Chapter.

Not less than five (5) days after taking up and impounding of any dog or cat herein provided, the Poundmaster is authorized to destroy such dog or cat or dispose of such dog or cat to any other person who will pay the reasonable value of such dog or cat, but in no case less than the fees set forth by Resolution of the City Council. In the case of a dog the purchaser also shall procure and pay for the required license for such dog for the current year unless such a license is issued and in full force and effect.

(Added by Ord. 1661 adopted 11-7-78. Amended by Ord. 1686 adopted 9-18-79; amended by Ord. 1727 adopted 8-4-81; amended by Ord. 1932 adopted 3-19-91; amended by Ord. 2014 adopted 7-5-94)

In addition to any other fees required by this Chapter, before receiving an application for the granting of any license required by this Chapter, the Poundmaster shall require the payment of an annual license as per Resolution of the City Council.

(Added by Ord. 1661 adopted 11-7-78; amended by Ord. 1932 adopted 3-19-91; amended by Ord. 2014 adopted 7-5-94)

(a)

The Poundmaster may establish a clinic, at which members of the public may have dogs and cats spayed or neutered in a humane manner upon payment of fees as per Resolution of the City Council.

(b)

A person submitting a dog or cat for the above service shall sign a consent form certifying thereon under penalty of perjury that he is the owner of said animals or setting forth facts showing that he is otherwise authorized to present the animals for the above operation and such person may be required to furnish proof of such ownership or authority. Such consent shall contain a waiver of any and all liability of the City of Arcadia, its employees, the Pasadena Humane Society and its employees for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.

(c)

The Poundmaster shall establish a return date by which a person submitting an animal for the above operation shall pick up said animal or be subject to a reasonable board and care fee to commence the day

after such return date. Failure to pick up an animal within fifteen (15) days of said return date shall be deemed abandonment of such animal and the Poundmaster may dispose of it by sale or destruction.

(Added by Ord. 1661 adopted 11-7-78; amended by Ord. 1727 adopted 8-4-81; amended by Ord. 1860 adopted 6-2-87; amended by Ord. 1932 adopted 3-19-91; amended by Ord. 2014 adopted 7-5-94)

(a)

The Poundmaster shall pick up and dispose of all dead animals on public highways and on public and private property within the City of Arcadia where the owner is unknown. The Poundmaster shall also pick up dead small animals at a fee set forth by Resolution of the City Council when requested by the animal's owner or other person having custody or control over the animal.

(b)

The Poundmaster shall also dispose of dead livestock at a fee set forth by Resolution of the City Council when requested by the livestock's owner or other person having custody or control over the livestock. In addition, the owner of such livestock shall be liable to the Poundmaster for salary, costs and other expenses incurred by the Poundmaster in the removal of such livestock. Such additional costs shall be determined by the Poundmaster with the concurrence of the City of Arcadia.

(c)

For each pick up or receiving of dead animals from any pet hospital, humane society, kennel, stable or veterinary establishment, or any commercial, industrial, educational research, medical or other facility that deals with animals in connection with its operation, the Poundmaster shall collect a fee as set forth by Resolution of the City Council.

(Added by Ord. 1661 adopted 11-7-78; amended by Ord. 1860 adopted 6-2-87; amended by Ord. 1932 adopted 3-19-91; amended by Ord. 2014 adopted 7-5-94)

The Poundmaster shall charge a fee as set forth by Resolution of the City Council for the taking up or relinquishing of an unwanted animal when requested to do so by the animal's owner or other person having custody or control over said animal.

(Added by Ord. 1661 adopted 11-7-78; amended by Ord. 1932 adopted 3-19-91; amended by Ord. 2014 adopted 7-5-94)

4113.14. -  

(Repealed by Ord. 2014 adopted 7-5-94)

Animals found at large and impounded by the poundmaster shall be redeemed only upon the payment of all applicable impound fees, and fees for daily care and feeding and veterinary services performed during

impoundment as set forth by Resolution of the City Council.

(Added by Ord. 1932 adopted 3-19-91; amended by Ord. 2014 adopted 7-5-94)

The poundmaster may permit members of the public to borrow animal traps to be used for the purpose of catching animals on their property. The poundmaster shall collect fees as set forth by Resolution of the City Council.

(Added by Ord. 1932 adopted 3-19-91; amended by Ord. 2014 adopted 7-5-94)

No charge shall be collected for any animal which has been unlawfully taken up and impounded. Such animal shall be immediately delivered upon demand to the owner or person entitled to the custody thereof.

(Added by Ord. 1932 adopted 3-19-91)

The owner or person entitled to the custody of any animal taken up and impounded under the provisions of this Part may, at any time before the sale or disposal thereof as herein provided, redeem such animal by paying to the Poundmaster or Poundkeeper the fees and charges prescribed by this Part accruing up to the time of such redemption. When a veterinarian's fee has been paid or incurred for the care or treatment of any animal, such animal shall not thereafter be redeemed without payment by the owner of such fee, in addition to any and all other fees.

(Added by Ord. 1932 adopted 3-19-91)

Except where it is otherwise provided by this code or any statute, if the owner or person entitled to the possession of any animal impounded by the Poundmaster or a Poundkeeper does not redeem such animal within five (5) days of such impounding, the Poundmaster or Poundkeeper may destroy or sell such animal, or may give such animal to any governmental entity.

(Added by Ord. 1932 adopted 3-19-91)