Diamond Bar Municipal Code Ch. 6.24 Impoundment

(a) Permitted. Any person finding any stray domestic animal or any such animal which is running at large contrary to the provisions of this title may take up such animal if he complies with the applicable provisions of this title.

(b) Notice to director or sheriff required. Every person, except the director, taking up any stray animal or any such animal which is running at large contrary to the provisions of this title shall, within four hours thereafter, give notice to the director or to the sheriff of:

(1) The fact that he has such animal in his possession;

(2) The complete description of such animal;

(3) The license number of such animal, if any, and by what county or municipal corporation issued. If such animal has no license he shall so state; and

(4) The place where such animal is confined.

(c) Sheriff's officers' notice responsibility. In case the notice provided for in subsection (b) of this section is given to any member of the sheriff's office, such officer shall immediately notify the director and shall furnish him all the information which has been obtained regarding such animal.

(Ord. No. 14(1989), § 2(10.36.010, 10.36.040, 10.36.050), 6-27-89)

Any person taking up any stray domestic animal or any such animal found running at large contrary to the provisions of this title shall surrender such animal to the director or to his duly authorized representative upon demand.

(Ord. No. 14(1989), § 2(10.36.020), 6-27-89)

The director shall deliver to an animal shelter operated by the city's agent any and all animals picked up by the city's agent in accordance with this title.

(Ord. No. 14(1989), § 2(10.36.060), 6-27-89)

(a) Recordkeeping requirements. The director shall keep a record of each animal impounded by him, the date of impounding thereof, the date and name and address of the person by whom redeemed, reclaimed or purchased, and the amount of all fees received or collected for or because of the impounding, reclaiming or purchasing thereof, together with the number of any license tag exhibited or purchased upon the redemption or sale of any such dog, as well as the number and the date of any kennel license exhibited upon the redemption of any dog.

(b) Notice to owner of dog required. When any dog wearing a current, valid license tag issued by the county or any municipality within the county is impounded pursuant to this title, the director shall, within 12 working hours after receiving such dog, notify either by telephone or letter, with postage fully prepaid thereon, the person to whom the current license for such dog was issued, of the whereabouts of such dog.

(c) Failure to give notice to dog owner; charging fee prohibited. If the director does not comply with subsection (b) of this section he shall charge no fee of any kind for any board or care of such dog prior to the time when the owner, or person to whom the current license for such dog was issued, or other person in charge of such dog, receives actual notice of the whereabouts of such dog.

(d) Newspaper notices authorized. The director may, upon impounding of any animal, cause to be published, in any newspaper circulated within the community wherein any such animal was taken up, a notice of description of such animal, the date of such taking up and impounding, and the address of the animal shelter wherein such animal is being held.

(e) Destruction or other disposition conditions as to dogs. Dogs wearing a current, valid license tag, issued by the county or any municipality within the county, impounded pursuant to this title, shall not be destroyed or otherwise disposed of unless:

(1) The person to whom the current license for such dog was issued so directs;

(2) Five full days have elapsed since such person was notified of his dog's whereabouts by telephone; or

(3) Six full days have elapsed since a letter, postage fully prepaid, addressed to such person at his last known address and informing such person of the whereabouts of his dog, has been deposited in the United States mail.

(Ord. No. 14(1989), § 2(10.36.080—10.36.120), 6-27-89)

(a) Conditions generally. The owner or person entitled to the custody of any animal taken up and impounded under the provisions of this title may, at any time before the sale or disposal thereof as provided in this chapter redeem such animal by paying to the director the fees and charges prescribed by this title accruing up to the time of such redemption.

(b) Redemption charges for cats. For the redeeming of an impounded cat, the fee charged shall be according to the schedule detailed in section 6.24.110 of this chapter, plus an additional charge for the feeding and caring of such cat in the amount to recover the cost for such service. The charge shall be equal to that determined by the auditor-controller for each day or fraction thereof, except for the day on which it is impounded.

(c) Redemption charges for dogs. For the redeeming of an impounded dog, the fee charged shall be pursuant to a schedule as established from time to time. An additional charge will be imposed for the feeding and caring of such dog in the amount to recover the cost for such service. The charge shall be equal to that determined by the auditor-controller for each day or fraction thereof, except for the day on which it is impounded. If a dog is picked up by the city's agent pursuant to the provisions of this chapter, but is returned to its owner prior to impounding the dog in a county-operated animal shelter, such owner shall pay a fee of such amount as established from time to time. A receipt therefor shall be issued in triplicate; the second copy of the receipt shall be given to the dog's owner.

(Ord. No. 14(1989), § 2(10.36.130—10.36.150), 6-27-89)

(a) Generally. The impounding fee does not include any cost of feeding or caring for any dog or cat except during the day on which it is impounded, but the fee for such care and feeding may be collected for each day, except the day on which it is impounded, during which such dog or cat is in the custody of the director.

(b) Cost of giving notice included. For giving notice of the impounding of any animal, the actual cost of the publication of any notice published for such animal shall be collected.

(c) Rabbits, poultry and other animals. The estimated cost of impounding, feeding and caring for rabbits, birds, poultry, fowls or other animals not otherwise provided for in this title shall be collected.

(d) Costs of veterinarian's care authorized. The director may employ a private veterinarian whenever he deems it necessary in order to properly care for and maintain any animal, pursuant to Penal Code § 597(f), and the cost thereof shall be a county charge. When a veterinarian's fee has been paid or incurred for the care or treatment of any animal, such animal shall not thereafter be redeemed without payment by the owner of such fee, in addition to any and all other fees, so as to reimburse the city for its cost for veterinarian service for such animal.

(e) Not charged when animal taken up unlawfully. A charge shall not be collected for any animal which has been unlawfully taken up and impounded. Such animal shall be immediately delivered upon demand to the owner or person entitled to the custody thereof.

(Ord. No. 14(1989), § 2(10.36.160—10.36.200), 6-27-89)

(a) Release conditions. The director shall not release any dog which has been redeemed by the owner unless such dog does not have rabies, and the owner exhibits a certificate signed by a veterinarian licensed either by the state or by any other state to practice veterinary medicine that:

(1) Such dog has been vaccinated with approved rabies vaccine within a period of not more than 12 months after the dog's initial vaccination if the dog was between four months and one year in age at the time of such initial vaccination;

(2) Such dog has been vaccinated with approved vaccine within the past 36 months;

(3) Such dog should not be vaccinated with rabies vaccine because such vaccination would jeopardize the health of such dog due to infirmity or other disability, which infirmity or disability and the estimated date of termination is shown on the face of the certificate; or

(4) The county's director of health services has so vaccinated such dog within the times specified in this subsection.

(b) Vaccination authorized in certain circumstances. If the director finds that any dog impounded in a county animal shelter probably can be sold, or that in order to protect the public health such dog should be vaccinated, he may instruct the county's director of health services to vaccinate such dog with approved rabies vaccine.

(c) Examination for rabies authorized. If the director suspects that any dog impounded has rabies, he shall hold such dog for inspection by, and shall notify, the director of health services. The director of health services shall examine such dog, and if he believes such dog should be held for further observation, he shall so inform the director, who shall hold such dog as directed.

(d) Release when no rabies found. If the director of health services finds that a dog examined under subsection (c) of this section does not have rabies, the director shall release it or dispose of it as provided in this title.

(e) Confinement when rabies found. If the director of health services finds that a dog examined under subsection (c) of this section is afflicted with rabies, the director shall confine it as directed by the county's director of health services.

(f) Examination of dogs suspected of rabies; limitation on acts authorized. Nothing in subsection (c), (d) or (e) of this section, or any other portion of this title, shall be construed to either authorize or require any person, other than a person having a state veterinary license, to practice veterinary medicine, or to do any act in violation of the state's Business and Professions Code.

(Ord. No. 14(1989), § 2(10.36.210, 10.36.260—10.36.300), 6-27-89)

The director shall not release to its owner, or sell, any animal that has been impounded in accordance with the provisions of this title, unless the person to whom the animal is released or sold provides satisfactory proof that the animal will be maintained in accordance with the provisions of this title or any other ordinance or statute.

(Ord. No. 14(1989), § 2(10.36.230), 6-27-89)

(a) Waiver of liability for unhealthy animals. Notwithstanding any other section of this title, any diseased, ill, unwell or unhealthy animal may be purchased after not less than three days of impoundment, provided the purchaser signs a waiver of liability as to any existing disease, illness or injury.

(b) Exchange following sale. Any purchaser of a dog or cat, other than at auction, within 15 days after such purchase, excluding the day of purchase, may exchange such dog or cat for another dog or cat. If the amount which the director would charge for the substituted dog or cat is greater than the amount paid for the original dog or cat, the purchaser shall pay the difference. In no event will any part of the purchase price of the original dog or cat be refunded, even though the price of the substituted dog or cat is less than the price paid for the original dog or cat.

(Ord. No. 14(1989), § 2(10.36.240, 10.36.250), 6-27-89)

Not less than five days after taking up and impounding any animal found running at large or being maintained contrary to the provisions of this title, unless it is sooner redeemed by its owner, the director may destroy, or sell or give such animal to any governmental entity, unless the disposition of such animal is covered by some other section of this title.

(Ord. No. 14(1989), § 2(10.36.310), 6-27-89)

(a) An approved research institution may, at any time, request the director to deliver to it any dog or cat impounded by him. Not less than five days after the taking and impounding of any dog or cat, unless such dog or cat has been redeemed by the owner, the director shall deliver to the approved research institution at the place of impounding the dogs or cats, or both, designated by it, upon payment of a fee in accordance with a schedule of fees established from time to time, except that the director shall not deliver any dog or cat to the approved research institution if the owner of such dog or cat or the person surrendering such stray dog or cat has instructed the director not to do so.

(b) Not less than five days after the taking up and impounding of any dog or cat, or three days after the taking up and impounding of any puppy or kitten impounded in a litter of two or more, unless it be sooner redeemed, the director may sell such dog or cat to any person who will pay the reasonable value of such dog or cat, but in no case less than the fees provided for in a list established from time to time, or may dispose of such dog or cat. In the case of the sale of a dog, other than delivery to an approved research institution, the purchaser also shall procure and pay for the required license for such dog for the current year.

(Ord. No. 14(1989), § 2(10.36.330(A), (C)), 6-27-89)

It shall be unlawful for an approved research institution which has obtained an animal from the director to sell or release such animal, for the purpose of medical research or laboratory experimentation, to any facility which is not an approved research institution as defined in section 6.00.010.

(Ord. No. 14(1989), § 2(10.36.390), 6-27-89)