Canyon Lake Municipal Code Ch. 10.28 Cruelty to Dogs and Cats and Other Animals

No dog, cat or other animal shall be abandoned or treated in a cruel or inhumane manner, or willfully or negligently allowed to suffer torture or unnecessary pain. Any person who so treats an animal within the City shall be in violation of this Code, which violation shall be a misdemeanor, punishable as set out in 1.01.230.

(32-12/92 § 10.09.010)

Any dog, cat or other animal which has been so treated in violation of this Code or State law may be impounded, disposed of in a humane manner, or put up for adoption where feasible by the Animal Control Officer.

(32-12/92 § 10.09.020)

At least five days prior to the impoundment of any dog or cat pursuant to this Chapter, written notice shall be given by registered or certified mail, postage prepaid, to the owner’s last known address, of the grounds for believing the animal should be seized and such owner’s right to a hearing as to whether or not impoundment of his or her dog, cat or other animal is justified.

(a) The notice shall include all of the following information:

(1) The name, business address, and telephone number of the Animal Control Officer providing the notice;

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

(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 his or her agent should sign and return the enclosed declaration of ownership or right to keep the animal to the Animal Control Officer providing the notice within two days, (excluding weekends and holidays), of the date of the notice; and

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

(b) The Animal Control Officer also shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver to the owner a copy of the notice.

(c) In the event the owner requests a hearing prior to impoundment, no impoundment shall take place until the conclusion of such hearing, except as otherwise provided herein.

(d) The pre-seizure hearing shall be conducted within two (2) days, excluding weekends and holidays, after receipt of the request for such hearing. The hearing shall be informal and shall not be limited by the technical rules of evidence, but evidence shall be of the type upon which reasonable people rely.

(e) Failure of the owner to request or to attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this Chapter.

(f) The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements for the Animal Control Officer to view the animal, or unless the owner can provide verification that the animal has been humanely destroyed. Any person who willfully fails to produce the animal or provide appropriate verification is guilty of a violation of this Code.

(g) After the hearing, the hearing officer may affirm or deny the owner's or keeper's right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment.

(h) The Hearing Officer’s decision shall be final.

(32-12/92 § 10.09.030; and by 40-10/93 Section 1; Am. Ord. 166, passed 4-6-2016)

Whenever the Animal Control Officer seizes or impounds an animal based on a reasonable belief that prompt action without a hearing is required to protect the health or safety of the animal or the health or safety of others, the Animal Control Officer shall provide the owner or keeper of the animal, if known, or ascertainable after reasonable investigation, with the opportunity for a post-seizure hearing to determine the validity of the seizure or impoundment.

(a) The Animal Control Officer 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, after the seizure or impoundment. 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 seized, including any identification upon the animal;

(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 may 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; and

(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 within two days of receipt of the request for such hearing, excluding weekends and holidays, and shall be conducted as set out in Section 10.28.030.

(c) Failure of the owner to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for costs incurred.

(32-12/92 § 10.09.040)

(a) When any animal is seized under this Chapter, the owner shall be personally liable to the City or its contractor for the cost of the seizure and care of the animal. If the charges for the seizure or impoundment and any other charges permitted under this Section are not paid within 14 days of the seizure, or, if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this Section and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of or released for adoption by the Animal Control Officer. The charges may be collected as set out in Section 10.36.050.

(b) No animal seized under this Chapter shall be returned to its owner until, in the determination of the Animal Control Officer, the animal is physically fit or the owner can demonstrate to the Animal Control Officer’s satisfaction that the owner can and will provide the necessary care.

(c) If the animal requires veterinary care and the City and Animal Control Officer are not assured, within fourteen (14) days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the Animal Control Officer.

(d) A veterinarian 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 crippled. A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner immediately authorizes the treatment of the animal by a veterinarian at the owner’s expense.

(32-12/92 § 10.09.050)