Clearlake Municipal Code § 7-12 Impoundment of Animals

a. The Animal Control Officer may immediately seize and impound an animal for violation of this Chapter or the laws of this State without providing a pre-impoundment notice of hearing under the following circumstances: 1. The owner and/or possessor of the animal provides consent for the impoundment; 2. The Animal Control Officer has reasonable grounds to believe the animal may be rabid; 3. The Animal Control Officer has reasonable grounds to believe that the animal is a vicious animal as defined in subsection 7-8.1 and that immediate impoundment of the animal is required for any of the reasons specified in section 7-8.6; 4. To protect an animal which is injured, sick, starving or suffering from heat, cold or confinement, which is in need of immediate care; 5. When immediate seizure is necessary to protect from injury an animal which has strayed onto a public street or highway for other public place;

When the Animal Control Officer has reasonable grounds to believe that immediate impoundment is necessary to protect the public health or safety of any person or animal; 7. Any dog not having attached to its body a current license tag or other proof of being currently vaccinated against the rabies virus as required by this Chapter; 8. Any dog running at large on public property, in a public roadway, or on private property without the consent of the property owner; 9. Any animal when there is reason to believe the animal has been abandoned by the owner thereof. 10. Any animal found trespassing on public or private property when such animal has destroyed anything of value on the property. 11. Any female dog running at large while in heat. 12. Any dog trespassing upon any farm whereon livestock or domestic fowl are kept. 13. Any animal staked or tied on any street or other public place or upon any private property without consent of the owner or occupant thereof. 14. Any animal at large in violation of any law of the State. 15. Any animal when such impounding is, in the opinion of the Animal Control Officer, necessary to facilitate investigation, prosecution or enforcement of this Chapter or any other law of this City or State. 16. Any animal that is not confined by a lawful fence. (Ord. #183-2016, S3) 7-12.2 Identification of Animals-Notice to Owners- Returning Animals to Known Owners. a. It shall be the duty of the Animal Control Officer to attempt to identify any impounded, found or turned-in animal via registration/license check, identification tags, microchip, lost reports and diligent search for any tattoo marks. When a tattoo or microchip is found, the tattoo or microchip registry shall be notified and additional reasonable time provided for such registry to locate the owner prior to the animal being placed for sale or adoption or euthanized. b. The Animal Control Officer shall, immediately upon impoundment of dogs or other animals, make a reasonable effort to notify the owner of such dogs or other animals impounded. In the case of a licensed dog, or cat wearing a license, a written notice shall be sent to the last address of the owner as shown on licensing records within twenty-four (24) hours of its impounded containing the following information: 1. The date of impoundment and the place where the animal is impounded; 2. The grounds for impoundment;

The period the animal will be held pursuant to subsection 7-12.3 before being humanely destroyed or otherwise disposed of; and 4. That the owner may request a hearing if he believes that the impoundment was unlawful by filing a written appeal with the Animal Control Officer. c. The Animal Control Officer shall within twenty-four (24) hours after the impounding of any bovine animals, sheep, goats, swine, horses, mules or burros, except weekends and holidays, cause to be mailed to the place of business or residence of the owner or keeper of the animal, if known to him, a written notice containing the following information: 1. The date of impoundment and the place where the animal is impounded; 2. The grounds for impoundment; 3. The period the animal will be held pursuant to subsection 7-12.3 before being humanely destroyed in a manner prescribed by the Food and Agriculture Code; and 4. That the owner may request a hearing if he believes that the impoundment was unlawful by filing a written appeal with the Animal Control Officer. d. If an appeal hearing is requested, it shall be conducted by the Animal Hearing Officer and shall be scheduled no later than five (5) days after the date the appeal is filed. The decision of the Animal Hearing Officer shall be based on the weight of the evidence and shall be final. The owner and/or possessor shall be given notice of the decision in person or by mail. The Animal Hearing Officer shall determine whether the impoundment and/or destruction is authorized under this section. If the impoundment is found to be unlawful, the animal shall be released forthwith to the owner, and the costs of impoundment shall be borne by the City. If the animal is determined to be a vicious animal it may either be handled by bringing action against the owner of such animal pursuant to Civil Code Section 3342.5, or released with conditions, or humanely destroyed. e. When any animal is seized and its ownership is known to the department, such animal need not be impounded, but the Animal Control Officer may, at his or her own discretion, return such animal to its owner and issue a citation to the owner to appear in court to answer to charges of violations of this section. If the owner’s telephone number is known or can be readily assessed, the owner shall be contacted by telephone; otherwise, the owner shall be contacted by regular mail to the owner’s last known address. f. The Animal Control Officer must provide the owners and finders of lost animals with a method for listing lost animals on a list maintained by the shelter, referrals to animals on that list, contact information on other nearby shelters, advice on disseminating information about lost animals, and contract information on volunteer groups that assist in locating lost animals. (Ord. #183-2016, S3)

Except as provided in this Chapter VII, governing impoundment of rabid animals, impounded animals shall be held and cared for by the Animal Shelter prior to disposition by the Animal Control Officer for the following number of business days, not including the date of impoundment. A “business day” is any day that the shelter is open to the public for at least four (4) hours and does not include State holidays, Saturdays, or Sundays. a. All dogs and cats lacking proof of ownership and/or ownership is unknown shall be maintained a minimum of four (4) business days. b. All dogs and cats with proof of ownership attached and/or ownership is known shall be maintained a minimum of fourteen (14) calendar days. c. Any horse, mule, burro or bovine animal shall be maintained a minimum of five (5) business days, and be disposed of as required by Section 17003 of the California Agriculture Code. Upon expiration of the fifth day after the impoundment, if no person has appeared to claim such animal, the Animal Control Officer shall notify the State Director of Agriculture as required by Section 17003 of the Ca. Food Agriculture Code. d. Feral cats shall be maintained a minimum of three (3) business days. e. All other animals shall be maintained a minimum of six (6) business days. (Ord. #183-2016, S3)

After following the notice procedures set forth in subsection 7-12.2 and after the expiration of the required holding periods for impounded animals set forth in subsection 7-12.3, and if there is no pending appeal of the impoundment of the animal to be disposed of, the Animal Control Officer may dispose of domesticated animals and wild animals as follows: a. Domesticated Animals. The Animal Control Officer is authorized to dispose of domesticated animal by sale, adoption of the animal, or by humane destruction. b. Wild Animals. Wild animals shall be either returned to their natural habitat or destroyed in the discretion of the Animal Control Officer, but no disposition thereof shall be in violation of any law of this State providing for the protection or regulation of wild animals. (Ord. #183-2016, S3)

The Animal Control Officer may cause an impounded animal to be destroyed without waiting for the holding period specified in subsection 7-12.3 to expire, when such animal is severely injured, infected with a dangerous or communicable disease or has made an unprovoked vicious attack on a human being or is an animal described in

Section 17006 of the Food and Agriculture Code. The Animal Control Officer shall make a reasonable effort to notify the owner of the animal, if known, prior to the destruction of the animal. (Ord. #183-2016, S3)

a. The owner of any impounded animal shall have the right to reclaim the same at any time prior to the lawful disposition thereof, upon payment to the Animal Control Director of the costs and charges which shall be established by resolution of City for the impounding and keeping of such animals; provided, however, that if the animal is one which is subject to the licensing provisions of this chapter, the licensing requirements must be satisfied before the animal is released. b. If the impounded animal is not currently vaccinated against rabies as required, and the owner has not previously been cited for failure to license the animal or the animal has not been previously impounded within the preceding thirty (30) calendar days, the animal may be released to the owner upon payment of all fees required (including the license fee and penalty fee, if applicable) on condition that the owner shall: 1. Have the animal vaccinated for rabies in accordance with this chapter within fourteen (14) calendar days; and 2. Exhibit a valid certificate of such vaccination to the director within fourteen (14) calendar days, at which time the license will be issued. c. Animals may be vaccinated against rabies by a veterinarian designated by the Animal Control Officer prior to redemption and the cost of the vaccination and any other costs accrued accomplishing the vaccination, including additional impoundment fees, must be satisfied before the animal is released. d. If the owner fails to pay the required fees or charges, or to obtain any required license or permit, the animal shall be treated as unredeemed by the owner and disposed of in accordance with subsection 7-12.4. Exceptions: If the impounded animal has been the subject of an abatement order, the animal shall not be released unless the owner is willing and able to comply with the terms of the abatement order. e. The Animal Control Officer may retain an impounded animal for purposes of investigation or prosecution of any violations of this Code, the City of Clearlake Zoning Ordinance or the laws of the State. If a request for redemption is made by the owner of the animal, the costs of the continued impoundment of the animal from the date the request for redemption is made shall be borne by the City. The owner of the animal may appeal the continued impoundment of the animal within five (5) working days after a request for redemption is denied by the Animal Control Officer. A hearing shall be set before the Animal Hearing Officer within five (5) working days of the filing of the appeal. (Ord. #183-2016, S3)

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026. Disclaimer: The City Clerk’s Office has the official version of the Clearlake Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above. City Website: www.clearlake.ca.us Hosted by General Code.

The Animal Control Officer shall require that prior to adoption of an animal the prospective owner sign an agreement providing for spaying or neutering and provide a deposit to ensure compliance with the agreement, and meeting the provisions of State Law (Ca Food and Ag Code 30503) requiring deposit and spay/neutering. Prospective owners shall also pay applicable adoption fees before taking possession of the animal. (Ord. #183-2016, S3)

Except for those animals described by Food and Agriculture Code section 17006, prior to euthanizing unredeemed dogs or cats, the City shall release the dogs or cat to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization, if requested by the organization prior to the scheduled euthanasia of that animal. (Ord. #183-2016, S3)

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