Chapter 6.20 — IMPOUNDMENT

The Animal Control Officer shall take up and impound all stray animals and livestock with the exception of domestic cats.

(Code 1997, § 6.20.010; Ord. No. 3446, § 6(part), 1984)

A.

Any person who finds any animal which has strayed or is running at large upon his or her own property or any other place contrary to the provisions of this title, may take possession of and hold it; provided, however, that he or she shall be obligated to notify the Animal Control Officer or the Sheriff of the fact that he or she has the animal in his or her possession within six hours after securing possession thereof, and give the Animal Control Officer or Sheriff full information in regard to the animal, and surrender it to the Animal Control Officer upon demand.

B.

When requested in writing to do so, the Animal Control Officer may act as the agent of the owner of any land within the unincorporated area of the County for the purpose of taking up and impounding any stray large animal found on the premises of the owner or upon premises to which he or she has the right of possession. The Animal Control Officer shall comply with

the provisions of Food and Agricultural Code § 17001 et seq., insofar as the duty to notify the Director of Agriculture and shall thereafter be entitled to the lien as provided for in Food and Agricultural Code § 17041.

(Code 1997, § 6.20.015; Ord. No. 3446, § 6(part), 1984)

The Director of Animal Control shall keep a record of all animals impounded which shall show the date of impoundment, license tag number, if any, brand, earmark or other markings, the date and manner of its disposal and if redeemed, or sold, the name and address of the person by whom redeemed or purchased, the amounts of all fees and other moneys received or collected and the disposition thereof.

(Code 1997, § 6.20.020; Ord. No. 3446, § 6(part), 1984)

A.

When any animal is impounded by the Animal Control Officer as provided for in this chapter, he or she shall immediately notify the owner of the animal if known to him or her. If the Animal Control Officer is unable to ascertain the name of the owner of any large animal, a notice shall be posted describing the animal. The notice shall state that unless the large animal is reclaimed, it will be sold or otherwise disposed of by the Animal Control Officer in accordance with the terms of this chapter.

B.

A time and place and method of disposition of the large animal shall be contained in the notice.

(Code 1997, § 6.20.030; Ord. No. 3446, § 6(part), 1984)

A.

As used in this section, a "business day" includes any day that a public shelter is open to the public for at least four hours, excluding State holidays.

B.

Stray dogs.

The required holding period for a stray dog or cat impounded pursuant to this chapter shall be six business days, not including the day of impoundment, except as follows:

a.

If the public shelter has made the dog available for owner redemption on one weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment.

b.

If the public shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their dogs by appointment at a mutually agreeable time when the public shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment.

c.

Except as provided in Food and Agricultural Code § 17006, stray dogs shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period.

Except as provided in Food and Agricultural Code § 17006, any stray dog that is impounded pursuant to this chapter shall, prior to the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public shelter may enter into cooperative agreements with any animal rescue or adoption organization. In addition to any required spay or neuter deposit, the public shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.

During the holding period required by this section and prior to the adoption or euthanasia of a dog impounded pursuant to this chapter, a public or private shelter shall scan the dog for a microchip that identifies the owner of that dog and shall make reasonable efforts to contact the owner and notify him or her that his or her dog is impounded and is available for redemption.

All private shelters shall adhere to Food and Agricultural Code § 31108 pertaining to the impoundment of dogs and cats. Any violation of those provisions will be considered a violation of this chapter.

C.

Any impounded livestock shall be kept by Animal Control for at least five days unless it is redeemed within such period.

D.

Any other animal impounded, except dogs, livestock and cats, shall be kept in the animal control center for at least seven days unless it is redeemed within such period.

E.

Any animal which is voluntarily surrendered to or deposited with the Animal Control Center or authorized personnel thereof by the owner shall not be deemed to be impounded and need not be kept or retained for any minimum period of time.

(Code 1997, § 6.20.031; Ord. No. 3446, § 6(part), 1984)

State Law reference— Authority to impound any estray domestic animal, Food and Agricultural Code § 17041.

An animal impounded pursuant to arrest of its owner shall be held and handled in the same manner as an impounded animal whose owner is known to the Animal Control Officer according to the terms of Section 6.20.031.

(Code 1997, § 6.20.032; Ord. No. 3692, § 18, 1987)

The Animal Control Officer shall provide all impounded animals with suitable and adequate food, water and shelter.

(Code 1997, § 6.20.040; Ord. No. 3446, § 6(part), 1984)

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 disposal or sale of the animal redeem the animal by paying to the Animal Control Officer the fees and

charges in full at the time of the animal's redemption as provided for in this chapter, in addition to the costs of publication and transportation, if any. Proof of ownership of any redeemed animal may be required at the discretion of and to the satisfaction of the Animal Control Officer.

(Code 1997, § 6.20.050; Ord. No. 3446, § 6(part), 1984; Ord. No. 4011, § 1, 1989)

A.

When an animal has been impounded under authority of this chapter, the Animal Control Officer shall provide the owner or keeper of the animal, if known, with the opportunity for a hearing to determine the legality of the impound. Animals impounded under Section 6.12.050 shall be subject to a hearing as specified in that section. A hearing must be requested by the owner or keeper in writing within the legal holding period for the animal as specified in Sections 6.20.031 and 6.20.032. When the owner or keeper claims and redeems the animal by paying the fees due as required by Section 6.20.050 and by resolution of the Board of Supervisors, they shall have seven business days from the date of redemption to request a hearing. Failure to request or attend a hearing shall indicate that the owner or keeper gives up the right to a hearing and that the impound was legal. When a hearing is requested, it shall be conducted within seven days, excluding weekends and holidays, of the request. The Division of Animal Control may conduct the hearing if the hearing officer is not the same person or junior in rank to the person that impounded the animal. The Animal Control Officer may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section.

B.

When a hearing determines that the impound of an animal was not legal, that animal shall be returned to the owner or keeper with no fees. If the owner or keeper paid the fees to redeem the animal, those fees shall be refunded to them.

C.

When a hearing determines that the impound of an animal was legal, the fees shall be due as prescribed by resolution of the Board of Supervisors. If the owner or keeper paid the fees to redeem the animal before the hearing, no additional fees shall be charged. The owner or keeper shall have the right to appeal any hearing finding within five court days to the superior court. Notice shall be given to Animal Control within the five-day period that the appeal has been filed. Any animal for which the fees have not been paid and no appeal has been filed at the end of the appeal period shall be deemed to be abandoned and shall be disposed of in any of the ways permitted by law.

(Code 1997, § 6.20.055; Ord. No. 4379, 1995)

The Director of Animal Control shall collect fees from the owners redeeming impounded animals sufficient to defray the costs incident thereto as established through resolution by the County Board of Supervisors.

(Code 1997, § 6.20.060; Ord. No. 3446, § 6(part), 1984)

Secs. 6.20.070, 6.20.080. - Reserved.

A.

In addition to the fees in Section 6.20.060, the Animal Control Officer shall charge for necessary veterinarian and medical expenses. When it is necessary for the impoundment or confinement of large quadruped domestic animals such as horses, donkeys, mules, burros, cattle, sheep, goats and swine to haul such animals with livestock hauling equipment, the owner of the animal shall pay a livestock hauling fee in the amount specified by resolution of the Board of Supervisors.

B.

For each capture and haul or confinement or fence repair a minimum of one hour per each Animal Control Officer taking part in the capture and haul, or confinement, or fence repair will be charged.

(Code 1997, § 6.20.090; Ord. No. 3446, § 6(part), 1984)

Any dog or cat impounded and unredeemed under the provisions of this title may be adopted by a person upon application to the Animal Control Officer in such form as he or she may prescribe.

A.

No cat may be adopted and removed from impoundment that has not been spayed or neutered unless the cat is less than six months of age; and the cost of spaying or neutering the cat has been deposited with the Animal Control Officer. The Animal Control Officer shall also receive satisfactory assurance that the spaying/neutering will in fact be performed as soon as it is medically permissible. This fee is not refundable.

B.

No dog may be adopted from impoundment until it has been spayed or neutered or until the fee for same is paid prior to the animal's adoption and removal. The Animal Control Officer shall also receive satisfactory assurance that the spaying/neutering will in fact be performed within the contractually or medically prescribed period. This fee is not refundable.

C.

A fee in such amount as may be necessary to provide for current license, rabies shall be paid for each adoption, in addition to the fee for spaying/neutering. The fee shall be established by resolution of the Board of Supervisors.

D.

The Animal Control Officer may, at his or her discretion, refuse to allow the adoption of any animal by any person if in his or her opinion the animal should not be adopted to that person or organization.

(Code 1997, § 6.20.100; Ord. No. 3446, § 6(part), 1984; Ord. No. 3692, § 20, 1987)