California City Municipal Code Art. 3 Animal Control Officer

This Article describes the power and duties of the Animal Control Officer.

(a) The Animal Control Officer shall impound an animal not in the immediate control of its possessor, owner, or agent, or otherwise in violation of this Article or other law or ordinance.

(b) If a dog is found in the City without a license tag attached to its collar or harness, as provided in this Chapter or if such dog has a current license tag but is not controlled as required by this Chapter, such dog shall be deemed a "stray dog." The Animal Control Officer or other authorized officer shall capture and confine stray dogs.

(a) Any officer or other person capturing or holding an unlicensed dog or a cat shall make reasonable efforts to locate and notify the owner that the dog or cat is being held at the pound and may be reclaimed within three days from the date of seizure, not counting the day picked up or weekends or holidays.

(b) The Animal Control Officer shall:

(1) Provide sustenance for animals in custody and shall not alter, nor permit to be altered, a mark or brand thereon and shall not permit cruel treatment;

(2) Charge and collect fees established by the council by resolution from persons redeeming impounded animals; and

(3) Keep a true and faithful record of the number and description of all animals taken into his custody, with the date of their impounding and the date and manner of their disposition.

(c) If an animal, except a dog, is impounded because of age, disease, or other infirmity, and is unfit or dangerous to be kept impounded, the Animal Control Officer may destroy such animal within twenty-four (24) hours thereafter.

(d) A dog impounded which has no tag or other proof of current rabies immunization shall be separately confined in a safe place.

(e) If the Animal Control Officer determines, after giving the owner a notice of quarantine, a dog is a vicious dog, although not afflicted with rabies, the Animal Control Officer shall order the person who owns or has the custody of such dog to keep the dog securely fastened by chain or securely confined within the private property of such owner or person having the custody of such dog, or to keep the dog in such manner as the Animal Control Officer shall direct, to prevent it from biting, or having the opportunity of biting, any person, including persons lawfully on the premises where the dog is so fastened or contained, until further order of the Animal Control Officer.

(f) An animal which has bitten a person or has otherwise exposed a person to possible contact with rabies shall be dealt with by the Animal Control Officer in the same manner as the local health officer is authorized to act by the California Administrative Code.

(Ord. No. 11-698, 2-15-2011)

(a) The owner or person entitled to control of a impounded animal, except a dog, may at any time before the sale or other disposition of such animal, redeem the animal by paying to the City all redemption fees.

(b) Animals, other than dogs, cats, and animals afflicted with rabies, taken into custody by the Animal control Officer, if not reclaimed within twenty-four (24) hours thereafter, may be sold by the Animal Control Officer after giving at least three (3) days' notice of such sale. The notice shall describe the animal, shall state the time and place of the sale, and shall be posted on the bulletin board outside the City Hall and at the entrance to the pound. A copy of such notice shall be mailed at least 3 days in advance of the sale to the owner or person formerly in possession or control of such animal at his residence or place of business, if known to the Animal Control Officer.

(c) At the time advertised in the notice of the sale, as provided for in this Chapter, the Animal Control Officer shall sell all animals so advertised at public auction to the highest bidder for cash. If no bid is offered for the animals, the Animal Control Officer shall dispose of them by private sale, by gift to a petting zoo, or by destroying them.

(d) The proceeds of the sale provided for in this Chapter, after first deducting the fees and charges of the Animal Control Officer, including the costs of sale, shall be paid by the Animal Control Officer to the City Treasurer, who shall turn the proceeds over to the owners of such animals sold upon a warrant ordered by the Council if claimed within six months thereafter. If not so claimed, the proceeds shall be transferred by the City Treasurer to the General Fund of the City.

(e) If the owner does not claim the impounded dog within six (6) days after its seizure, and if the City continues to hold possession of the dog, the City may deliver it to any other person desiring the dog upon the payment of the fees established by the Council by resolution, or the City may otherwise dispose of or destroy the dog in a humane manner.

(f) The Animal control Officer may on the request of owner or possessor of a dead animal which was kept or maintained in the City immediately prior to its death, forthwith bury or destroy the dead animal, or cause the dead animal to be buried or destroyed, for which service the Animal Control Officer shall charge and collect a fee. This section shall have no application to animals used for the purpose of making a test or performing any experiment in a doctor's or dentist's office, hospital, laboratory, of any similar office, institution, organization, or place.

(g) If the owner or person who had the possession or control of the animal while alive fails to bury or destroy the dead animal after being ordered by the Animal Control Officer, the Animal Control Officer may employ a person to bury or destroy dead animals and shall collect fee from the owners or persons formerly having had the possession or control of such animals. If the owners or persons having had the possession or control of the animals are unknown, the Animal Control Officer may employ a person to remove the dead animals at a cost not in excess of the charges established by the City.

(h) If a rabid animal, clinically suspected rabid animal, or an animal which has bitten a person, dies or had been killed, the Animal Control Officer shall take possession of and preserve the remains for disposition pursuant to California Code of Regulations.

(i) After the expiration of the redemption period, the Animal Control Officer may release impounded, but otherwise abandoned animals to person of good character who show willingness to properly care for the animal.

(j) Animals are released without warranties or guaranties. If, within five (5) days of adoption, an animal becomes sick, it may be returned to the Animal Shelter with a written notice by a certified veterinarian the animal is unfit for adoption. An exchange animal shall be provided within a 30-day period. No refunds will be given. The Animal Control Officer may extend the exchange period.

(k) The Animal Control Officer or designee shall not release an impounded dog, cat, or Vietnamese pot-bellied pig unless the certificate issued by a licensed veterinarian shows the animal has been spayed or neutered or a spay/neuter deposit has been collected in the amount from time-to-time established by the Council by resolution. Deposits collected by the Animal Control Officer shall be kept in a separate account for spay/neuter refunds. The deposit shall be paid to the licensed veterinarian on proof the required spay/neuter operation has been timely performed. A dog, cat or Vietnamese pot-bellied pig up to six (6) months of age upon release shall be spayed or neutered within sixty (60) days or the deposit shall be deemed unclaimed. A dog, cat, or Vietnamese pot-bellied pig under six (6) months of age at the time of release shall be spayed or neutered within six (6) months or the deposit shall be deemed unclaimed. Age determination shall be made by the Animal Control Officer or licensed veterinarian.

The License Collector may deputize without compensation the Animal Control Officer, or any duly qualified and licensed veterinarian to license any dog, collect the license fee established by the Council by resolution, and issue to the person paying such fee the dog tag provided for in this Chapter at the same time such dog is vaccinated with canine rabies vaccine and the certificate of vaccinated is issued or at the same time such dog is given a certificate of exemption from such vaccination. Any person so authorized by the License Collector to perform such duties shall account to the License Collector not less than once each month for all dogs so licensed and license fees collected.

(a) Peace officers, who are trained as handlers, may be accompanied by trained canines in the performance of police or fire business.

(b) No person shall injure, annoy or harass a canine which is accompanying a peace officer who is on police or fire business.