Beaumont Municipal Code Ch. 6.08 Seizure or Impoundment of Animals

A. Emergency Seizure or Impoundment: When the Animal Services Officer has reasonable grounds to believe that prompt action is required to protect the health or safety of an animal, or the health or safety of others, the Officer shall immediately seize the animal and comply with the procedure established in Section 6.08.050.

B. Non-Emergency Seizure: In all other cases, the officer shall comply with the provisions of Section 6.08.060.

(Ord. 960, 10/20/09; §1)

In the interest of public health and safety, it shall be lawful for any person to take up, in a humane manner, any animal running at-large in violation of this Title and to promptly deliver such animal to the Animal Services Department.

(Ord. 960, 10/20/09; § 1)

In the event that there is attached to any impounded animal a current license tag of the City, or if the animal has a micro-chip inserted, it shall be the duty of the Animal Services Officer to give notice of the impoundment of such animal to the owner or person claiming to own such animal, or to the person to whom such tag shall have been issued, or micro-chip registered as shown by the records of the City. This notice shall be accomplished within three business days after impoundment, and given by mailing, postage pre-paid, stating the fact that the animal has been impounded and the manner in which the animal may be redeemed.

(Ord. 960, 10/20/09; §1)

The Animal Services Officer shall cause for the confinement of the animal as required by this Title for the period of time as required by statute.

(Ord. 960, 10/20/09; §1)

Whenever an Animal Services Officer seizes, impounds, or receives an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any enforcement proceedings, provide the owner or keeper of the animal, if known or ascertained after reasonable investigation, with the opportunity for a post-seizure hearing as hereinafter provided to determine the validity of the seizure or impoundment, or both.

A. The Animal Services Department shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:

1. The name, business address, and telephone number of the officer providing the notice;

2. A description of the animal(s) seized, including any identification upon the animal(s);

3. The authority and purpose for the seizure, or impoundment, including the time, place and circumstances under which the animal was seized;

4. A statement that, in order to receive a post-seizure hearing, the owner of person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the animal control officer within ten days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail;

5. A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.

B. The post-seizure hearing shall be conducted pursuant to Chapter 6.22 of this Title.

C. Failure of the owner or keeper, or of his or her agent, to request a hearing within the prescribed time period, or to attend a scheduled hearing, shall result in forfeiture of any right to a post-seizure hearing or right to challenge his or her liability for costs incurred.

D. The City shall be responsible for the costs incurred for caring and treating the animal(s), if it is determined in the post-seizure hearing that the seizing officer did not have reasonable grounds to believe prompt seizure of the animal(s), was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the City for the cost of the seizure and care of the animal(s), and the animal(s) shall not be returned to its owner until the charges are paid and the City or hearing officer has determined that the animal(s) is physically fit or the owner demonstrates to the City's or the hearing officer's satisfaction that the owner can and will provide the necessary care.

(Ord. 960, 10/20/09; § 1)

Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings, the Animal Services Officer shall provide the owner or keeper of the animal(s), if known or ascertained after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal(s). The owner shall produce the animal(s) at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the Animal Services Officer to view the animal(s) upon request of the Animal Services Officer, or unless the owner can provide verification that the animal was humanely destroyed. It is a violation of this Section if such person willfully fails to produce the animal or provide the verification.

A. The Animal Services Officer shall cause a notice to be affixed to a conspicuous place where the animal(s) was situated or personally deliver a notice stating the grounds for believing the animal(s) should be seized. The notice shall include all of the following:

1. The name, business address, and telephone number of the Officer providing the notice;

2. A description of the animal(s) to be seized, including any identification upon the animal(s);

3. The authority and purpose for the possible seizure or impoundment;

4. A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal(s), or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep the animal(s) to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice;

5. A statement that the cost of caring for and treating any animal properly seized is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request a hearing within the prescribed time period, or to attend a scheduled hearing shall result in a conclusive determination that the animal(s) may properly be seized and that the owner shall be liable for the charges.

B. The pre-seizure hearing shall be conducted pursuant to Chapter 6.22 of this Title.

C. Failure of the owner or keeper, or his or her agent, to request a hearing within the prescribed time period or to attend a scheduled hearing, shall result in a forfeiture of any right to a pre seizure hearing or right to challenge his or her liability for costs incurred to this chapter.

(Ord. 960, 10/20/09; § 1)

If any animal is properly seized or impounded under this chapter, the owner or keeper shall be personally liable to the seizing/impounding agency for the cost of the seizure/impoundment and care of the animal(s). Furthermore, if the charges for the seizure or impoundment, and any other charges permitted under this chapter are not paid within 14 days of the seizure, or, if the owner, within 14 days of notice of availability of the animal(s) to be returned, fails to pay charges permitted under this chapter and take possession of the animal(s), the animal(s) shall be deemed to have been abandoned and may be disposed of by the Impounding Officer. The cost of caring for and treating any animal properly seized under this chapter shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, unless the hearing officer determines that the seizure was unjustified.

(Ord. 960, 10/20/09; §1)

If the animal requires veterinary care and the seizing agency is not assured, within 14 days of the seizure of the animal(s), that the owner will provide the necessary care, the animal(s) shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the impounding Officer. A veterinarian or properly trained Animal Services Officer may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably ill or crippled. A veterinarian or properly trained Animal Services Officer may also immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal(s) by a veterinarian at the expense of the owner or agent.

(Ord. 960, 10/20/09; § 1)

No animal properly seized under this chapter shall be returned to its owner until, in the determination of the seizing agency or hearing officer, the animal is physically fit or the owner can demonstrate to the seizing agency's or hearing officer's satisfaction that the owner can and will provide the necessary care, and that the owner has complied with all requirements of this and any other Titles in this Code.

(Ord. 960, 10/20/09; § 1)

All hearings conducted pursuant to this chapter shall be conducted in accordance with the provisions of Chapter 6.22 of this Title. In the event a sufficient quantum of evidence presented at the hearing supports a determination for seizure, impoundment and/or termination of the owner's rights of the animal(s), the hearing officer as a part of his decision may order, but is not limited to ordering, that one or more of the following actions be undertaken:

1. That the owner's and/or custodian's rights in and to the dog, cat or other animal(s) is terminated;

2. That the owner or custodian of the dog, cat or other animal(s) shall remove the animal(s) from the premises by a specified date;

3. That animal control personnel, after a specified date, shall impound the animal(s).

4. That animal control personnel shall sell, give away, or otherwise dispose of, the animal(s) with the owner or custodian of the animal(s) being responsible to reimburse the City or agency as designated by the City for all costs and expenses including, but not limited to, board, care, veterinary services, and costs of disposal. If the animal(s) are sold, the proceeds from the sale shall go to the City or agency designated by the City.

A decision upholding seizure or impoundment shall become effective upon issuance. A decision terminating an owner's rights in the animal(s) shall become effective 30 days from the date the decision is mailed unless a stay of execution is granted.

(Ord. 960, 10/20/09; § 1)