Delano Municipal Code Ch. 8.08 Public Pounds

Footnotes:

--- (1) ---

State Law reference— For statutory provisions regarding the impounding of dogs, see Agric. Code § 31101 et seq.

A public pound is authorized and established in the city and the same shall be located at a convenient place within the city limits.

(Ord. 1154 § 1(part), 2007).

The chief of police, or his assigned designees, shall perform the duties of pound keeper.

(Ord. 1154 § 1(part), 2007).

Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in California Penal Code (CPC) Section 836 and the power to serve warrants as specified in CPC Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to CPC Section 832. That part of the training course specified in CPC Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms.

For the purposes of this section, "firearms" includes capture guns, blowguns, carbon dioxide operated rifles and pistols, air guns, handguns, rifles, and shotguns. (CPC 830.9).

(Ord. 1154 § 1(part), 2007).

Any animal found stray, loose, or on other's property, enclosed or otherwise in the city limits may be taken up by the party owning such property or his agent, and committed to the pound keeper, who shall hold the same subject to reasonable damages in addition to fees prescribed by this chapter.

(Ord. 1154 § 1(part), 2007).

The pound keeper shall keep a true and faithful record of the number and the description of all animals taken into custody with the date of their impounding and the date and the manner of their disposal, and shall keep conspicuously posted at the entrance of the pound a list of animals detained therein. He shall provide the necessary subsistence for all animals while in his custody.

(Ord. 1154 § 1(part), 2007).

All animals, except dogs, taken into the custody of the pound keeper, if not reclaimed within ten days thereafter, may be placed up for adoption by the pound keeper at any time after giving at least five days' notice, and adopt out such animals.

(Ord. 1154 § 1(part), 2007).

The owners or persons entitled to the control of any animal impounded may at any time, before adoption or other disposition thereof, redeem the same by paying the pound keeper all fees, charges, veterinarian services, and medications thereon, which amount of fees and charges the pound keeper shall deposit into the City of Delano general fund. Fees, with the exception of actual costs for veterinarian treatment and medications, and shall be determined by resolution of the city council.

(Ord. 1154 § 1(part), 2007).

The owner or person entitled to the control of any animal impounded is responsible for, and will be charged, for all costs associated with the care and custody of an animal, if, after receiving the appropriate notifications from the city that their animal has been impounded and they fail to claim such animal, irrespective of the final disposition of the animal. If such costs have not been paid within thirty days after the date of mailing or delivery of the order, the city manager may pursue alternative collection procedures. The total amount of the impound charges, and all other related fees, may be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes, liens or assessments of the city, or an action may be brought in the name of the city to recover the costs of impoundment and subsequent disposition of the animal.

(Ord. 1154 § 1(part), 2007).

In accordance with Agricultural Code, Division 14.5, commencing with 31750, no public pound shall sell or give away any female cat more than six months of age that has not been spayed, or any male cat of more than six months of age which has not been neutered, or any cat less than six months of age unless the cost of such spaying and neutering for such cat has been deposited with the pound or shelter for payment to a veterinarian or spaying and altering clinic designated by the person purchasing or receiving the cat. Such 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 has been spayed or neutered.

(Ord. 1154 § 1(part), 2007).

The euthanasia of any animal shall be performed by a licensed veterinarian, a public officer, or police officer in the performance of his/her duties.

(Ord. 1154 § 1(part), 2007).

No person shall cruelly treat any animal in the city in any way. Any person, who inhumanely beats, underfeeds, overloads, or abandons any animal shall be deemed guilty of a violation of this section.

(Ord. 1154 § 1(part), 2007).

Unless authorized by law, ordinance, or zoning code, no person shall slaughter any livestock for human consumption such as, but not limited to, any hoofed, canine, feline animals, and or poultry/fowl within the city limits.

(Ord. 1154 § 1(part), 2007).