Dana Point Municipal Code Ch. 10.09 Animal Shelter and Impoundment

The San Clemente-Dana Point Animal Shelter shall serve as the animal shelter for the jurisdictions served by the Authority.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

The General Manager or authorized agent may take into custody:

(a) Any animal kept and maintained contrary to the provisions of this Title, any of the codified ordinances of the cities served by the Authority, any codified ordinance of the County of Orange or any California statute;

(b) Any animal running at large contrary to the provisions of this Title or any statute;

(c) Sick, injured, stray, unwanted animals, for which the owner or custodian cannot be found or is unable or unwilling to provide proper care;

(d) Animals quarantined for which no other place of quarantine is acceptable to the General Manager;

(e) Animals delivered or requested to be impounded by a peace officer, or public officer or employee as defined in Penal Code Section 836.5;

(f) Any wild animal found to be at large upon any public property, or upon request of the owner or tenant, found to be at large on private property;

(g) Animals impounded pursuant to Section 10.05.070 of this Title;

(h) Any other animal authorized to be impounded pursuant to the provisions of this Chapter.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

No person shall, without the consent of the owner, hold or retain possession of any animal without reporting the possession of such animal to the Authority within four hours, and giving his or her name, address, telephone number, if any, and a true description of the animal, and then surrendering such animal to the General Manager or authorized agent upon demand.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

The General Manager or authorized agent will attempt to notify owners of lost or impounded registered dogs or cats through public notice, private communication where the owner is known, or when a tattoo is found, notification of the tattoo registry.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

The General Manager or authorized agent shall place all animals taken into custody in the animal shelter if the owner cannot be, upon initial contact, identified and contacted and the animal returned home, except that animals impounded pursuant to Section 10.09.020(f) of this Chapter may be summarily destroyed.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

All animals taken into custody shall be humanely transported in specifically designed ventilated and properly maintained vehicles.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

Animals wearing current valid license tags, which are impounded pursuant to the provisions of this Chapter, shall be held for a period of 10 working days. Said animals shall be held for redemption by the owner and not be declared abandoned unless: (a) the person to whom the current tag for such animal was issued so directs; (b) 10 working days have elapsed since such person was notified of his or her animal's whereabouts by telephone; (c) 10 working days have elapsed since the owner was notified by United States mail, first class postage paid, at such person's last known address, informing such person of the whereabouts of his or her animal; (d) where animals bearing a tattoo is found, and after 10 working days have elapsed, the tattoo registry and the Authority have made all efforts to notify the owner; (e) where other identification of any type is found, and after 10 working days have elapsed, the Authority has made all efforts to notify the owner. At the end of the 10-working-day period, animals not claimed by their owners may be declared abandoned and may be placed for adoption or disposed of in a humane manner according to the provisions of this Chapter.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

Impounded animals not bearing identification of any type may be deemed unregistered and shall be held in custody for a period of five calendar days. At the end of the prescribed period, unregistered animals not claimed may be declared abandoned and may be placed for adoption or disposed of in a humane manner according to the provisions of this Chapter.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

No person shall remove any animal from the custody of the Authority without permission from the General Manager or authorized agent to do so.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

Registered animals may be redeemed by the owner or his or her authorized agent upon payment or the impound fees, care and feeding charges, and any veterinary costs.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

Unregistered animals may be redeemed by the owner or his or her authorized agent upon payment of the registration fees, impound fees, care and feeding charges, and any veterinary costs, and upon proof of rabies vaccination. Any person claiming ownership of any unregistered impounded animal shall be required to present proof of ownership satisfactory to the General Manager.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

Any impounded animal that is not redeemed within period of time prescribed in the provisions of this Chapter may be considered abandoned and placed for adoption. Animals may be adopted by private individuals upon payment of a placement fee, rabies vaccination fee, animal registration fee, and a sterility deposit, if applicable.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

The owner of any impounded animal may, at any time within 30 days after adoption from the animal shelter, redeem such animal from the person who adopted it by paying him or her a sum equal to the amount paid to the Authority as described in Section 10.09.120, and in addition thereto a sum equal to reasonable care and feeding charges per day for the number of days from the date of the adoption to and including the date of redemption by the owner.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

The General Manager or authorized agent shall keep a record of each animal impounded, the date of receipt of such animal, the date and manner of disposal, and if redeemed, reclaimed or adopted, the name of the person redeeming, reclaiming or adopting such animal, the address and telephone number of such person, and the amounts of all fees received or collected for or because of the impounding, reclaiming or adoption thereof, together with the number of any tag, and the date of any registration issued upon the redemption or adoption of any such animal.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

Animals may be euthanized in a humane manner as prescribed in the provisions of this Chapter and upon advice of the Animal Care and Evaluation Committee.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

Under special provision, specific breed clubs and humane organizations approved by the General Manager shall have the option of adopting available animals for the purposes of placement from the animal shelter.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

Specific animal clubs and humane organizations approved by the General Manager may be allowed to assume the responsibility of caring for lost and stray animals providing they have facilities for proper confinement, shelter and care of such animals. Such organizations shall notify the General Manager within four hours after obtaining any animal so sheltered, giving a true description and any identification. Such organizations shall assume responsibility for placement of such animals in homes after sheltering them for a minimum of 14 days, during which time they will make every attempt to locate and notify the owner.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

If no person claims the animal or animals impounded under this Section within five days or if a person does appear and claims the animal or animals but fails to pay the expenses as provided in this Chapter, the General Manager shall proceed to sell or cause to be sold such animal or animals, except bovines or equines, at public sale in accordance with general procedure provided in the law concerning the sale or execution of personal property. If the animal impounded under the provisions of the Chapter is of a value less than $10 as determined by the General Manager and has not been claimed, the General Manager may dispose of said animal, except bovines and equines, at private sale without notice. In the alternative, the General Manager may dispose of said animal, except bovines and equines, in a humane manner.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

No animal may be donated or sold for the purpose of research and vivisection.

(Added by Ord. 96-01, 1/9/96; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)

The City Council finds that there exists a serious pet overpopulation problem that has resulted in a threat to public safety and health within the City, inhumane treatment of animals, euthanasia of animals at the area animal shelters and escalating costs for animal care and control. Further, Council finds that uncontrolled breeding is the cause and, without action aimed at the source, this problem and its serious consequences will remain unabated. Council finds that part of the solution is for any unaltered animal that is found at large, running loose, or unrestrained off the owner's property on multiple occasions be required to be spayed or neutered at the owner's expense before being returned to the owner, unless the owner provides documentation that the animal is subject to one of the enumerated exceptions to this provision.

(a) When an unaltered animal is impounded on two or more occasions in a three-year period, the owner may not redeem the unaltered animal until one of the following occurs:

(1) The animal is spayed or neutered at the expense of the owner by a veterinarian selected by the Authority. Such expense may include additional fees due to extraordinary care required;

(2) The animal is spayed or neutered by another Authority approved veterinarian. The owner may arrange for another Authority approved veterinarian to spay or neuter the animal, and shall pay to the Authority the cost to deliver the animal to the chosen veterinarian. The veterinarian shall complete and return to the Authority within 10 days, a statement confirming that the animal has been spayed or neutered and shall release the animal to the owner only after the spay or neuter procedure is complete;

(3) At the discretion of the General Manager or authorized agent, the animal may be released to the owner if the owner signs a statement under penalty of perjury, representing that the animal will be spayed or neutered and that the owner will submit a statement within 10 days, signed by the veterinarian, confirming that the animal has been spayed or neutered;

(4) The owner provides a letter to the Authority from a licensed veterinarian certifying that the animal's health would be best served by spaying or neutering after a specified date; or that due to age, poor health, or illness it is unsafe to spay or neuter the animal. This letter shall include the veterinarian's license number, and the date by which the animal may be safely spayed or neutered, if ever; or

(5) The owner provides documentation to the Authority that:

(A) The animal is a breed approved by and is registered with a registry or association recognized by the Authority, whose program and practices are consistent with the humane treatment of animals, and the animal is actively used to show or compete and has competed in at least one show or sporting competition hosted by or under the approval of the recognized registry or association within the last two years, or is being trained or groomed to show or compete and is too young to have yet competed,

(B) The animal has earned, or if under three years old, is actively being trained and in the process of earning, an agility, carting, herding, protection, rally, hunting, working, or other title from a registry or association approved by the Authority,

(C) The animal is being trained or has been appropriately trained and is actively used in a manner that meets the definition of guide, signal or service animal as set forth in Subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, or the animal is enrolled in a guide, signal or service animal breeding program administered by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the California Business and Professions Code, or

(D) The animal is appropriately trained or is in the process of being trained and is actively used by law enforcement agencies or the military for law enforcement, military or rescue activities.

(b) Costs of Impoundment.

(1) The owner of the unaltered animal shall be responsible for the costs of impoundment, which shall include daily board costs.

(2) The costs of impoundment shall be a lien on the animal, and the unaltered animal shall not be returned to its owner until the costs are paid. If the owner of an impounded unaltered animal does not pay the lien against the animal in full within the designated impoundment period, the animal shall be deemed abandoned to the Authority in accordance with Sections 10.09.070 and 10.09.080.

(Added by Ord. 12-01, 1/31/12; amended by Ord. 23-03, 4/18/23; Ord. 25-16, 11/18/2025)