Burbank Municipal Code Art. 2 Animal Shelter

An animal shelter, to be known as the Burbank Animal Shelter is hereby authorized and established. [Formerly numbered Section 6-3; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

The animal shelter shall be supervised by an Animal Shelter Superintendent under the immediate supervision of the City Manager or such department head as they shall designate. While engaged in the discharge of their duties, the Animal Shelter Superintendent shall wear a badge plainly designating their office. They shall enforce all laws of the City and State relating to the care, treatment and impounding of dumb animals, and the prevention of cruelty to dumb animals. They shall be sworn in as a police officer, vested with the power and the authority of such an officer for the sole purpose of performing the duties of Animal Shelter Superintendent, but they shall not be deemed to be a member of the Police Department unless qualified and appointed as such. [Formerly numbered Section 6-4; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

All employees of the City working under the supervision and direction of the Animal Shelter Superintendent shall possess every power and perform all and every duty belonging to office of the Animal Shelter Superintendent whenever the Animal Shelter Superintendent shall designate and authorize any such employee so to act; provided, however, that no employee shall be so empowered unless they have been sworn in as a police officer of the City and has been issued a metallic badge, plainly designating their office, to be worn while performing such duties. [Formerly numbered Section 6-5; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

A. Entry on Property: Whenever the Animal Shelter Superintendent, their authorized representative, or any peace officer or representative of the City Health Officer has reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or other applicable law or whenever it is necessary for such officer to make an inspection to enforce any provision or perform any duty imposed by this chapter or other applicable law, they shall have the right to enter such property at any reasonable time to inspect and perform any duty imposed by this chapter or other applicable law, provided that:

1. If such property be occupied, they shall first present proper credentials to the occupant and request entry explaining their reasons therefor; and

2. If such property be unoccupied, they shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining their reasons therefor; and

3. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, recourse shall be had to every remedy provided by law to secure lawful entry and inspection of the property.

B. Emergency Entry; Denial Constitutes Misdemeanor: Notwithstanding the foregoing, if the Animal Shelter Superintendent, their authorized representative of the City Health Officer has reasonable cause to believe that the keeping or maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to save the animal or protect the public health or safety, they shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied they shall first present proper credentials to the occupant and demand entry, explaining their reasons therefore and the purpose of their inspection. Failure or refusal to permit inspection shall constitute a misdemeanor.

C. Entry Under Permit: The holder of any permit issued pursuant to this chapter, by accepting such permit, does thereby consent and agree that the Animal Shelter Superintendent, their authorized representative, or any peace officer or representative of the City Health Officer may enter upon the premises described in the permit for the purpose of conducting such inspections as are authorized or required by this chapter or other applicable law. [Formerly numbered Section 6-6; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

No person shall resist or interfere with the Animal Shelter Superintendent in the performance of their official duties; nor shall any person fail or refuse to exhibit the registration of any animal required to be licensed by this code, when required to do so by the Animal Shelter Superintendent. [Formerly numbered Section 6-7; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

It shall be the duty of the Animal Shelter Superintendent to take up, seize, and impound any animal found running at large in or upon any street, or in the bed of the Los Angeles River, or upon any unenclosed lot, or found staked out, herded or grazing upon any street, or found staked upon any unenclosed lot or land, or found without a leash in the hands of a responsible person in a manner contrary to the provisions of this code. The said Superintendent shall capture and impound any animal found within the City limits not wearing a registration or license tag issued by the City or by any other municipality in the County of Los Angeles or by the County of Los Angeles. If said dog is registered or licensed by any other municipality in the County of Los Angeles or by the County of Los Angeles, it shall have attached to the collar, harness or similar device, physical evidence of rabies vaccination as prescribed by law of the licensing jurisdiction. All policemen on duty during the hours when the Animal Shelter is open shall be required to take up and seize and immediately deliver to the Animal Shelter Superintendent any animal so found running at large. [Formerly numbered Section 6-8; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

The Animal Shelter Superintendent shall keep a record of each animal impounded, including the date such animal was received, the date and manner of its disposal, and the name and address of the person who redeemed, reclaimed or purchased the animal from the animal shelter, together with the amount of all fees received and collected therefor, and the number of any tag or the date of any registration exhibited or issued in connection therewith. [Formerly numbered Section 6-9; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

The owner or person entitled to the custody of any animal taken up, seized or impounded may, at any time before the sale or disposal thereof, redeem such animal by paying to the Animal Shelter Superintendent the charges and fees, including registration fees, accruing up to the time of such redemption and by complying with all other applicable provisions of this code; provided, however, that no person shall be charged for or on account of any animal which has been unlawfully picked up or impounded, and any such animal shall be delivered to the owner or person entitled to the custody thereof immediately upon demand therefor. [Formerly numbered Section 6-10; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

No dog impounded under the provisions of this code shall be released to any person except where there has been a performance of the following conditions:

A. There has been presented to the Animal Shelter Superintendent a current registration for such dog issued by said Superintendent, or if the person keeping, harboring or having such dog is not a resident of the City, such nonresident person has presented to said Superintendent a current license or registration for such dog issued by any other municipality or by any county in the State;

B. Where the person keeping such dog is a resident of the City, there has been paid to the Animal Shelter Superintendent the fee for a City dog registration as provided by law;

C. There has been paid to the Animal Shelter Superintendent the impounding, collection and other fees as provided by law;

D. Every person receiving a dog from the Animal Shelter pursuant to this section shall comply with all of the conditions prescribed herein. An impounded dog that has not been vaccinated against rabies or exempted therefrom an exemption certificate as provided in this code may be released by the Animal Shelter Superintendent to the owner of the dog on condition that such owner:

1. Pay the fees required by this code;

2. Furnish to the Animal Shelter Superintendent at the time of release their signed statement that they will have the dog vaccinated within five (5) days;

3. Have the dog vaccinated for rabies within five (5) days; and

4. Exhibit a certificate of vaccination to the Animal Shelter Superintendent within five (5) days, at which time the registration will be issued; and

E. The Animal Shelter Superintendent has determined that such dog does not have and is not reasonably suspected of having rabies. [Formerly numbered Section 6-11; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

The Animal Shelter Superintendent shall charge, receive and collect fees for services and impounding as designated in the Burbank Fee Resolution. [Formerly numbered Section 6-12; renumbered by Ord. No. 3058, eff. 2/21/87; 2933, 2467.]

It shall be the duty of the Animal Shelter Superintendent to issue and sign a death warrant for, and to order the destruction by an employee of the City of, any animal lawfully taken into custody of the City which, in the opinion of the Animal Shelter Superintendent, is, by reason of old age, unfit for use, or which is infected with any dangerous or communicable disease, or which is in an incurable crippled condition, or which is adjudged by a written report of a licensed veterinarian to be afflicted with any painful, incurable disease. [Formerly numbered Section 6-13; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

All impounded animals, except dogs, cats, rabbits, birds and poultry, shall be promptly advertised for sale by the Animal Shelter Superintendent if not redeemed within three (3) days after being impounded. They shall post three (3) notices of sale, one at the entrance to the animal shelter, one at the entrance to the City Hall, and one at any other place in the City, and shall publish a copy of such notice for five (5) days in the newspaper of the City. The notice shall contain a general description of the animal to be sold, with its marks or brands, if any, and shall note the date, hour and place of sale. [Formerly numbered Section 6-14; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

At the time and place specified in said notice, as provided in the preceding section, or at any postponement thereof, the Animal Shelter Superintendent shall proceed to sell for cash to the highest bidder all animals so advertised. The Animal Shelter Superintendent shall execute to the purchaser thereof a bill of sale, and thereupon the title to such animal shall vest in such purchaser. [Formerly numbered Section 6-15; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]

A. The Animal Shelter Superintendent shall sell or order the destruction of any dog, cat, rabbit, bird of poultry which is unredeemed within five (5) days after being impounded; provided, however, that any such animal may be destroyed immediately if brought in for destruction by a person claiming to be the owner. Any person who buys any such animal shall pay the Animal Shelter Superintendent the reasonable value thereof, together with the accrued shelter fees and the required registration fee therefor. No dog, cat, rabbit, bird, or poultry shall be retained in the animal shelter longer than one week except when under quarantine or upon the written approval of the City Manager of the City.

B. The Animal Shelter Superintendent shall not sell or give away any cat or dog that has not been spayed or neutered, unless a deposit for spaying or neutering the cat or dog in the sum of thirty dollars ($30.00) has been tendered to the shelter4. If in the opinion of the Animal Shelter Superintendent, the animal is too old, infirm or otherwise unable to reproduce, it may be sold without being spayed or neutered. If a female cat and her kittens or a female dog and her puppies are sold or given away to one individual, only a single deposit shall be required. The Superintendent may make appropriate arrangements for the spaying and neutering of the cat or dog or may return the deposit to the person purchasing or receiving the cat or dog upon presentation of a written statement or receipt from a veterinarian or clinic that the cat or dog has been spayed or neutered. Any cat or dog over six (6) months of age at the time it is sold or given away by the shelter shall be spayed or neutered within sixty (60) days, or the deposit shall be deemed unclaimed and shall escheat to the City. Any cat or dog six (6) months of age or younger at the time it is sold or given away by the shelter shall be spayed or neutered within six (6) months or the deposit shall be deemed unclaimed and shall escheat to the City.

C. Any deposit not claimed under subsection B of this section shall be used only for the following purposes:

1. A public education program to prevent overpopulation of cats and dogs.

2. A program to spay or neuter cats and dogs.

3. A follow up program to assure that animals sold or given away by the shelter are spayed or neutered.

4. Any additional costs incurred under subsection B of this section. [Formerly numbered Section 6-16; Amended by Ord. No. 3303, eff. date 9/11/92; 3058, 2467.]

Upon the sale of any animal, any balance of proceeds remaining after the payment of accrued fees, charges and demands shall be paid into the City Treasury for the use of the owner of such animal if claimed within six (6) months thereafter; if not, the same shall be turned into the general fund of the City. [Formerly numbered Section 6-17; renumbered by Ord. No. 3058, eff. 2/21/87; 2467.]