Dorris Municipal Code Ch. 6.24 Impoundment and Enforcement

Sections:

• 6.24.010
• Impoundment—General
• grounds.
• 6.24.020
• Impoundment—Specific
• grounds.
• 6.24.030
• Impoundment—Notice.
• 6.24.040
• Impoundment—Registry.
• 6.24.050
• Impoundment—Minimum
• holding period.
• 6.24.060
• Impoundment—Care of
• animals.
• 6.24.070
• Impoundment—
• Redemption.
• 6.24.080
• Impoundment—Fees.
• 6.24.090
• Impoundment—
• Disposition.
• 6.24.100
• Animal control officers—
• Powers and duties.
• 6.24.110
• Hindrance of animal
• control officer.
• 6.24.120
• Complaints.
• 6.24.130
• Right of entry for
• enforcement.
• 6.24.140
• Violation—Penalty.
• 6.24.150
• Citations.

grounds. A. The animal control officer may seize and impound an animal which is at large as defined in Section 6.08.070. If the owner and/or possessor is not at home at the time of impoundment, the dog may still be impounded, but the animal control officer shall post a notice of such impoundment on the front of the owner’s and/or possessor’s dwelling. Such notice shall contain the information required by California Government Code Section 53074, i.e., that the dog has been impounded, where the dog is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action is taken within the specified period of time to regain the dog by its owner or by the person who has a right to control the dog. B. Except as provided in subsection (A) of this section, an animal may be impounded for violation of any provisions of the ordinance, or the laws of this state, in accordance with the procedure specified in Section 6.04.020. (Ord. 191 § 6.04.070, 2001)

grounds. The animal control officer may immediately seize and impound an animal for violation of this ordinance or the laws of this state under the following circumstances: A. The owner and/or possessor of the ani- mal provides consent for the impoundment; B. The animal is at large and immediate impoundment of an animal is authorized under Section 6.08.070; C. The animal control officer has reason- able grounds to believe that the animal may be rabid; D. The animal control officer has reason- able grounds to believe that the animal is a vicious animal as defined in Section 6.12.010 and that immediate impoundment of the animal is required for any of the reasons specified in Section 6.12.010; E. To protect an animal which is injured, sick, starving or suffering from heat, cold or confinement which is in need of immediate care; F. When the animal control officer has rea- sonable grounds to believe that immediate impoundment to protect the public health or

79 (Revised 8-11) safety of any person or animal. (Ord. 191 § 6.04.080, 2001)

The animal control officer shall within twenty-four (24) hours of the impoundment serve in person or attach to the owner’s door a notice of impoundment to the owner and/or possessor of the animal if the owner has been ascertained and located. The notice shall state: A. The information required by California Government Code Section 53074, i.e., that the dog has been impounded, where the dog is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action is taken within the specified period of time to regain the dog by its owner or by the person who has a right to control the dog. B. The period the animal will be held pur- suant to Section 6.24.050 before being humanely destroyed or otherwise disposed of. (Ord. 191 § 6.04.090, 2001)

The animal control officer shall maintain a registry of impounded animals describing the type, sex and other identifying characteristics of the animals, the date of impoundment, if licensed, the license number of the dog, the date and manner of disposition of the animal, the name and address of the person redeeming or purchasing the animal, and any fees or charges paid. (Ord. 191 § 6.04.100, 2001)

holding period. Except as provided in Section 6.08.090, governing impoundment of rabid animals, impounded animals shall be maintained at an animal shelter for a minimum holding period as designated below prior to disposition by the animal control officer pursuant to Section 6.24.090: A. Unlicensed dogs shall be maintained a minimum of four days following the date of impoundment. B. Licensed dogs shall be maintained a minimum of four days following the date of impoundment. C. All other animals shall be maintained a minimum of five days following the date of impoundment. (Ord. 191 § 6.04.110, 2001)

animals. The animal control officers shall ensure that all impounded animals receive suitable and adequate food, water and shelter. (Ord. 191 § 6.04.120, 2001)

The owner of an impounded animal may redeem the animal at any time prior to its legal disposition by providing proper identification, obtaining a dog license and paying all fees and the charges for the care, feeding and veterinary treatment of the animal. If the owner fails to pay the required fees or charges, or to obtain any required license, the animal shall be treated as unredeemed by the owner. (Ord. 191 § 6.04.130, 2001)

Fees for redemption, care and feeding of ani- mals shall be set by city council resolution. Greater redemption fees shall be charged for animals redeemed more than once. (Ord. 191 § 6.04.140, 2001)

(

After the holding period specified in Section 6.24.050 has expired, the animal control officer is authorized to dispose of the animal by sale, adoption of the animal, or by humane destruction. Exception: If an appeal of the impoundment is pending, the animal control officer may not dispose of the animal until after a determination is made by the city council. (Ord. 191 § 6.04.1 SO, 2001)

Powers and duties. A. Animal control officers shall enforce all provisions of this title, the Zoning Ordinance, or the laws of this state relating to the care, control and keeping of animals and investigate complaints of the violation thereof. Animal control officers are authorized to issue warnings or citations for the violation of the aforesaid ordinances and state laws. B. Animal control officers shall enforce the Rabies Control Act and provisions of this ordinance relating to rabies control. C. Animal control officers and/or the city clerk or designees shall issue licenses and permits, and collect fees and charges as authorized by this chapter. D. Animal control officers may seize, impound and humanely destroy any animal when authorized by provisions of this ordinance and/or the laws of this state relating to the care and keeping of animals. (Ord. 191 § 6.04.020, 2001)

officer A. No person shall refuse to present any animal located on his premises for inspection by any animal control officer acting within the scope of his authority under Section 6.24.100, 80 or any other provision of this title, the Zoning Ordinance, or the laws of this state when so requested by the officer. B. No person shall refuse to exhibit to an animal control officer acting within the scope of his authority under Section 6.24. I 00, or any provision of title, the Zoning Ordinance, or the laws of this state, any dog license or tag, or rabies vaccination certificate, when so directed by the officer. C. No person shall knowingly interfere with, obstruct or hinder any animal control officer in the discharge of any of the duties imposed upon such officer pursuant to Section 6.24. I 00, or any other provision of title, the Zoning Ordinance, or the laws of the state. D. It is unlawful for the owner and/or possessor of an animal to fail to relinquish the animal to the animal control officer for impoundment when impoundment of the animal is authorized pursuant to Sections 6.24.070 through 6.24.090 and 6.08.060, · 6.08.070, 6.08.1 oo, and 6.16.060 of this title,· or the laws ofthe state. (Ord. 191 § 6.04.330, 2001)

Any person who has cause to believe an animal is being maintained as a public nuisance may complain in writing, to the animal control officer. The complaint shall be considered sufficient cause for the animal control officer to investigate the matter and determine if the owner or keeper of the animal is in violation of this ordinance. Such complaints are a matter of public record. (Ord. 191 § 6.04.340, 2001)

81 (Revised 8-11)

enforcement. For the purpose of enforcement of this ordi- nance and laws specified herein, an animal con- trol officer may seek entry upon private property. If the property is occupied, the animal control officer shall identify himself/herself, request entry, and explain the reasons therefor. If the property appears unoccupied, the animal control officer shall make a reasonable effort to locate the owner or occupant thereof. The ani- mal control officer may enter property, without first securing a warrant, under the following circumstances and conditions: A. When authorized by the laws of the state; B. With the expressed permission of the owner or occupant of the property; C. When there is probable cause to believe that any rabid animal is present upon the prop- erty and there is an immediate hazard to the ani- mal, other animals or the public safety; D. When there is probable cause to believe that the keeping or maintaining of the animal on the private property is so hazardous or dan- gerous as to require immediate inspection and/or impoundment of the animal to safeguard the safety of the animal, other animals or the public safety; E. When in pursuit of an animal: 1. When the animal has been running at large on any highway or road or other public property, or on private property and the owner thereof has requested that the animal be appre- hended, 2. When any dog is trespassing on private property and is liable to cause damage to live- stock, other animals or other property, 3. If consent is denied for entrance on the property by the owner or occupant thereof, the animal control officer shall obtain a warrant as specified in subsection (F) of this section. If the owner or occupant of the property cannot be located to obtain his consent for entrance on the property, nothing in this subsection shall authorize the entry into a dwelling except in accordance with subsection (F) of this section; F. Except as authorized in subsections (A) through (E) of this section, the animal control officer may enter upon private property only upon obtaining an inspection warrant as autho- rized by California Code of Civil Procedure, Section 1822.50 et seq., or a search warrant from the court of competent jurisdiction autho- rizing the entry. (Ord. 191 § 6.04.350, 2001)

A. All fines shall be in the amount estab- lished by resolution set forth by the city coun- cil. B. All fines, impoundment fees, license fees, board fees and other fees are to be paid prior to the animal being released to the owner/possessor. All fees are to be paid to the city clerk’s office. Fees for release of the ani- mal from impoundment may be paid to the ani- mal control officer during times the city offices are closed. A receipt will be issued by the ani- mal control officer. C. All fines or fees not paid within thirty (30) days of the last date timely due to the city shall be doubled. (Ord. 211, 2008: Ord. 191 § 6.04.360, 2001)

A. A citation shall be issued thirty (30) days after notice has been given that a dog requires a license if no license has been obtained per Section 6.04.030. B. Citations may be issued for repeated violations of this title. (Ord. 191 § 6.04.370, 2001)