Cupertino Municipal Code Ch. 8.02 Impoundment of Animals

A. An impoundment fee shall be charged to the owner of animal impounded, in an amount fixed by resolution of the City Council.

B. In addition, a fee for keeping an impounded animal shall be charged in an amount sufficient to defray the costs of keeping the animal, as determined by the City Manager.

(Ord. 1644, § 2 (part), 1994)

The City Manager or animal control officer may permit an owner or other person entitled to custody of an impounded animal to redeem the animal. No animal may be redeemed without payment of the fees for impounding and keeping the animal, and without compliance with the licensing provision of this chapter. (Ord. 1644, § 2 (part), 1994)

The animal control officer shall give notice of impoundment to the owner of every animal impounded, if he or she is known. (Ord. 1644, § 2 (part), 1994)

A. No animal may be disposed of until seventy-two hours have elapsed from the time of impoundment, exclusive of the day of impoundment and the days that the impounding facility is closed to the public.

B. Notwithstanding anything to the contrary, an animal which has been determined by a veterinarian licensed by the State of California or by other authorized personnel to be diseased or injured to the extent that emergency veterinary care will not alleviate intense suffering will be destroyed in accordance with all State and County humane laws as soon as possible.

(Ord. 1644, § 2 (part), 1994)

A. Except as provided in Section 8.01.040, an animal control officer may seize and impound an animal for violation of any provision of this title or State law prior to a hearing in any of the following situations where the owner is not present and where the officer reasonably believes it is necessary:

1. To protect health, safety and property; or

2. To protect an animal that is injured, sick, or starving and should be cared for.

B. Even when the person owning or having the right to control any animal is present, an animal control officer may seize or impound any animal that the officer reasonably believes to be infected with disease transmittable to humans or to be potentially dangerous or dangerous so as to be a threat to public health, safety or property. Such seizure or impoundment may be made even though the animal is confined at the time of the seizure or impoundment.

C. If the owner or person with the right to control the animal wishes to challenge the seizure or impoundment, he or she shall so advise the City Manager, in writing, within seventy-two hours after the seizure or impoundment.

D. The City Manager will promptly set the time and place for the hearing and will cause notice of such hearing to be mailed to the requesting party no later than five days before the hearing.

E. The hearing will be conducted as set forth in Section 8.02.080.

(Ord. 1644, § 2 (part), 1994)

A. Except as provided in Section 8.02.060, the City Manager or animal control officer may not seize or impound any animal, without the consent of the owner or person entitled to custody of the animal, unless a post-seizure appeal hearing is scheduled and held as set forth in Section 8.02.080.

B. If the owner or person who has a right to control an animal refuses to consent to an impoundment of his or her animal, the animal control officer may issue a notice commanding the person to appear before the City Manager at a set time. Failure of a person to appear at the hearing may result in the animal control officer immediately seizing and impounding the animal.

(Ord. 1644, § 2 (part), 1994)

A. At the appeal hearing, the petitioner and the City may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Technical rules of evidence shall not apply. Any relevant evidence may be admitted as determined by the hearing officer.

B. After submission of all the evidence, and not more than fifteen days after the hearing, the City Manager may order the animal released without conditions, may designate the animal potentially dangerous or dangerous and order release with conditions, may order the animal destroyed, or may make other orders as the Manager determines appropriately fulfills the needs of the animal and the safety of the public based on the weight of the evidence. The decision of the City Manager shall be final. Any release conditions imposed by the City Manager, which may include but shall not be limited to spaying and neutering, shall be solely in the interest of protecting public health, safety, and property.

(Ord. 1644, § 2 (part), 1994)

Any person who fails to appeal any seizure or impoundment by the animal control officer under this chapter within seventy-two hours from impoundment as specified in Section 8.02.060 shall forfeit all rights of ownership and control of the animal. All rights of ownership and control shall be transferred to the City. Final disposition of the animal shall be determined in accordance with the provisions of this title and State law. (Ord. 1644, § 2 (part), 1994)

A. Any person adopting an unspayed or unneutered dog or cat from any humane society animal shelter, public pound or society for the prevention of cruelty to animals shelter in the County of Santa Clara shall have the animal spayed or neutered on or before a date specified in the adoption agreement unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement to the person at such shelter or pound responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly.

B. As a condition for adoption, the person adopting an animal may be required to deposit with the pound or shelter an amount sufficient to cover the cost of spaying or neutering such animal by a veterinarian or spaying or altering clinic designated by the person adopting the animal. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the pound or shelter of a notice from the veterinarian or clinic that the cat or dog has been spayed or neutered.

(Ord. 1644, § 2 (part), 1994)