Calaveras County Municipal Code Ch. 6.08 Impoundment

The director may take into custody and impound:

A. Any animal kept or maintained contrary to the provisions of this title or any regulation adopted thereunder, or any California statute or federal statue.

B. Any dog or livestock running at large in the County.

C. Sick, injured, stray, or unwanted animals for which the owner or custodian cannot be found, or who is unwilling or unable to provide proper care.

D. Animals quarantined for biting for which no other place of quarantine is acceptable to the health officer.

E. Any nonexempt unlicensed dog.

F. Any domestic animal that has been abandoned.

G. Domestic animals requested to be impounded by a peace officer, public officer, or employee as defined in Penal Code Section 836.5.

H. Domestic animals, at the director's discretion, that have been involved in an accident and that the owner is unable to care for. The director may forgive all impoundment fees for holding such animal(s) or may place such animal(s) in a foster home until the owner or authorized person is able to reclaim the animal (s).

I. Any potentially dangerous or vicious dog as set forth in Chapter 6.12 of this title.

(Ord. 2641 (part), 2001).

A. Animals that are irremediably suffering from a serious illness or severe injury may be euthanized without being held for owner redemption or adoption.

B. Newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption.

C. Animals relinquished by the purported owner shall be held for two full business days, not including the day of impoundment. Such animals shall be available for owner redemption for the first day of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period. At the conclusion of the required holding period animals may be held longer, adopted, relinquished to a rescue organization or euthanized.

D. Upon relinquishment of a dog or cat, the owner shall present sufficient identification to establish his/her ownership of said dog or cat and shall sign a statement that he/she is the lawful owner of said dog or cat.

Upon relinquishment, the dog may be made available for immediate euthanasia if it has a history of vicious or dangerous behavior documented by the director.

E. Notwithstanding subsection C of this section, kittens or puppies relinquished by the purported owner, or brought in by any other person with authority to relinquish them may immediately be made available for adoption.

F. Unidentified, stray domestic animals that are impounded pursuant to this title shall be held for four business days, not including the day of impoundment. Such animals shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period.

G. Domestic animals that are impounded pursuant to this title whose owner can be identified shall be held for ten business days, not including the day of impoundment after mailing a notice of impoundment by United States mail to the last known address of the owner. After the conclusion of the holding period, animals may be held longer, adopted, relinquished to a rescue organization or euthanized.

H. During the required holding periods and prior to adoption or euthanasia of any dog or cat impounded pursuant to this chapter, the director shall scan said dog or cat for a microchip and examine said dog or cat for the presence of any tattoo that identifies the owner and shall make reasonable efforts to contact the owner and notify him/her that their animal has been impounded and is available for redemption. When such microchips are discovered, the holding period specified in subsection G of this section shall apply.

(Ord. 2641 (part), 2001).

A. The owner of an impounded animal may reclaim such animal at any time during the specified holding period and prior to other disposition of the animal(s) by paying all fees and charges as established by resolution of the board.

B. In addition to paying the fees and charges specified in subsection A of this section, the owner of any nonspayed or unneutered dog or cat that is impounded shall be fined thirty-five dollars on the first occurrence, fifty dollars on the second occurrence and one hundred dollars on the third or subsequent occurrence in accordance with Sections 30804.7 and 31751.7 of the California Food and Agricultural Code. Any fines collected pursuant to this subdivision shall be deposited to the spay/neuter trust fund.

C. Failure or refusal to pay any and all fees, charges, and fines associated with the impoundment of an animal shall constitute abandonment of said animals(s). The director may dispose of any animals so abandoned as described in this title.

(Ord. 2641 (part), 2001).

A. At the conclusion of the required holding period for owner redemption, the director may make any impounded animal available for adoption. The adopting party shall enter into an adoption agreement with the director. No cat or dog over the age of three months shall be turned over to the adopting party without first being spayed or neutered unless a licensed veterinarian certifies that an animal is too sick or injured to be spayed or neutered or that it would otherwise be detrimental to the health of the cat or dog to be spayed or neutered. A spay/neuter deposit as established by resolution of the board shall be collected on all cats and dogs under the age of three months and those certified as too sick or injured at the time of adoption to be spayed or neutered. All spay/neuter fees and deposits shall be deposited to the spay/neuter trust fund, a non-interest bearing account. In the event a nursing female cat and her kittens or a nursing female dog and her puppies are adopted to one individual, only a single spay/neuter deposit shall be required. Except as otherwise provided, when a non-profit animal rescue or adoption organization enters into an agreement with the director for the release and adoption of sheltered animals, the requirement for spaying or neutering or posting of spay/neuter deposits prior to the release of such animals shall be waived pursuant to the terms and conditions of said agreement.

B. All impounded dogs and cats will be implanted with a micro-chip upon the adoption of the dog or cat. Any impounded dog or cat released to a non-profit animal rescue or adoption organization will be implanted with a micro-chip. All fees for the implantation of the micro-chip will be included in the adoption fee.

(Ord. 2748 § 1(part), 2004: Ord. 2641 (part), 2001).

(Ord. No. 2948, § 1, 5-13-2008).

The director may place any impounded animal in foster care at the conclusion of the prescribed holding period for a period not to exceed six months while a permanent home for such animal(s) is being sought. All animals placed in foster care shall be relinquished to the director if not adopted within six months of placement. All animals adopted while in foster care shall be adopted pursuant to Section 6.08.040 of this title. All animals placed in foster care remain the property of the county until such time as they are adopted.

(Ord. 2641 (part), 2001).

Any adoption or foster placement shall be made pursuant to an agreement developed by the director which shall contain terms and conditions as the director deems appropriate and shall further include a hold harmless clause protecting the county from liability that may arise from such adoption or foster placement.

(Ord. 2641 (part), 2001).

A. When the director of the California Department of Health Services has declared the county a rabies area, the director is empowered to enter upon private premises where a biting or clinically suspected rabid animal is kept or has strayed. In all cases, rabid, or clinically suspected rabid animals, and if necessary to seize such animals for a period of ten days at a minimum. The impounding officer shall make reasonable effort to immediately notify the owner or custodian of the animal before it is impounded and the address of the facility where it will be taken. In lieu of impounding the animal, the health officer or director may, be serving written notice upon the owner, require the owner to quarantine the animal for such period and in a manner approved by the health officer.

B. No person shall disobey any quarantine order issued pursuant to this section, or remove from its place of confinement, any animal under quarantine, without the permission of the health officer. Any person who violates the provisions of this section, or who violates an order of the health officer is guilty of a misdemeanor pursuant to Health and Safety Code section 120275.

(Ord. 2641 (part), 2001).

(Ord. No. 3009, § 1, 5-22-2012)

Any wild animal, as defined in this title, that is susceptible to the rabies virus for which no anti-rabies vaccine has been approved by the Director of the California Department of Health Services, shall upon biting or scratching a human, be surrendered to the director for euthanasia and testing for the presence of the rabies virus.

(Ord. 2641 (part), 2001).

Any person having knowledge of the location of an animal suspected of having rabies, or any person having been bitten or scratched by a warm-blooded mammal, or of any signs of unusual behavior in any animal under quarantine shall immediately report such facts to the health officer or director.

(Ord. 2641 (part), 2001).