El Segundo Municipal Code Ch. 5 Impounding Animals

A. Duties: In addition to any other duties under this code, the director is responsible for all duties relating to operation of an animal pound including, without limitation, capturing, holding, and releasing animals violating any provision of this code.

B. Record Kept: The director will keep a full, true and correct record of all animals impounded, the date of the impoundment, and the date of release, discharge or disposal. This documentation will be available for public inspection. The director may promulgate appropriate regulations for public viewing of impounded animals.

C. Care Of Animals And Fowl: The director will provide the necessary subsistence and will properly care for all impounded animals.

D. Removal From Public Property: The director will remove and dispose of all dead animals found in or upon any of the public highways, streets, avenues, ways, lanes, alleys, parks, squares, sidewalks or other public places within the city.

E. Removal From Private Property: The director will remove and dispose of any abandoned dead animal found on private property in accordance with the nuisance abatement proceedings of this code. (Ord. 1340, 11-7-2001)

The director will collect a fee set by city council resolution from the owners of impounded animals. (Ord. 1340, 11-7-2001)

The director will collect a fee from persons redeeming impounded dogs and cats for administering distemper vaccinations to stray dogs and for vaccinating stray cats for feline diseases. This vaccination fee will be set by city council resolution. (Ord. 1340, 11-7-2001)

At any time within five (5) days from the date of impoundment, the owner or persons entitled to the possession of the dog may reclaim the dog upon payment to the director of the impounding fee:

A. For the second impoundment of a dog, owned by the same person, the pound fee will be an amount that is double the standard impoundment fee;

B. For the third impoundment of a dog, owned by the same person, the pound fee will be an amount triple the standard impoundment fee;

C. In addition to the foregoing impounding fee, the daily maintenance fee will be paid for each day or portion thereof for which the dog was impounded. (Ord. 1340, 11-7-2001)

A. The director may capture and impound any dog found within the city limits that is not wearing a valid license tag conforming to the provisions of this chapter.

B. The director may enter private property in accordance with applicable law to examine or capture any dog suspected of being in violation of the provisions of this code or is suspected of being rabid or infected with rabies. (Ord. 1457, 12-21-2010)

A. Impoundment: Whenever any dog is, in the written opinion of the director, vicious, dangerous, potentially dangerous or apt to bite or injure any person, and is kept in such manner as to constitute an apparent menace to any person, the dog may be immediately impounded by the director.

B. Notice Of Impoundment:

1. The director must provide written notice to the owner/guardian of the specific behavior of the animal alleged in the petition and the date upon which a hearing will be held to consider the petition. The hearing must be held promptly within no less than five (5) working days nor more than ten (10) working days after service of notice upon the owner/guardian of the animal as set forth by the Food And Agricultural Code section 31621. The notice must advise the owner/guardian of the consequences of a finding of potentially dangerous or vicious.

2. Where the owner/guardian's address of any animal is unknown, notice of the hearing must be given by posting the same in the police department and by publication in a newspaper of general circulation. Notice must then be deemed given on publication of the notice.

C. Hearing; Procedures: A hearing on whether a dog is declared potentially dangerous or vicious must be conducted in the following manner:

1. If the director has investigated and determined that probable cause exists to believe that a dog is potentially dangerous or vicious, a hearing must be conducted. The director must prepare a petition specifying the basis as to why the dog is potentially dangerous or vicious.

2. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the director to find probable cause must be sworn to and verified by the complainant and must be attached to the petition.

3. The city manager, or designee, must designate a hearing officer. The hearing officer must conduct a hearing on whether a dog must be declared potentially dangerous or vicious.

4. The hearing must be open to the public and the hearing officer may admit into evidence all relevant evidence, and exercise the full scope of authority set forth in Food And Agricultural Code section 31621.

5. A hearing may be continued if the hearing officer deems it necessary and proper or upon a showing of good cause.

6. If the owner/guardian fails to appear at the hearing, the hearing will nevertheless proceed and an appropriate order must be issued.

7. The hearing officer must consider all relevant responsible evidence without regard to the formal rules of evidence, including circumstances of mitigation, and the record of any prior violations by the owner/guardian.

8. The hearing officer must issue a written determination based upon a preponderance of the evidence, which must be mailed to the owner/guardian within seven (7) days after the hearing is completed.

9. The hearing officer's decision is final. There is no right to a city council appeal.

D. Designation Of Animal: If an animal is found to be potentially dangerous or vicious by a preponderance of the evidence, the animal must be so designated on the records of the animal services agency. Such a designation must be considered in future determinations involving the animal and/or owner/guardian.

E. Surrender Of Dangerous Dog: Any dog declared after a hearing to be dangerous, if not already impounded by the department, will be immediately surrendered to the department.

F. Microchipping Before Release: If at the conclusion of the hearing the hearing officer determines that the dog will be released, the dog must have a microchip embedded subcutaneously in accordance with industry standards before being released to the owner. The microchipping will be at the owner's expense.

G. Waiver: The owner of a dog for which a potentially dangerous petition has been issued may irrevocably waive rights to a hearing and any further appeal under Food And Agricultural Code section 31622 and accept all conditions, sanctions and penalties set forth in Food And Agricultural Code sections 31641, 31642 and 31643. The director will mail a waiver form to the dog owner/guardian. The waiver must be signed by the dog owner/guardian and received by the director within thirty (30) days from the date of agreement to waive or a hearing will be scheduled within thirty (30) days of the agreement to waive.

H. Additional Fees:

1. In accordance with Food And Agricultural Code section 31641, the owner/guardian of a potentially dangerous dog must in addition to the regular licensing fee, pay to the city an annual fee as may be established by city council resolution for the increased costs of maintaining the records of the dog.

2. The owner/guardian of a dog determined to be vicious must, in addition to the regular licensing fee, pay to the city an annual fee as may be established by separate city council resolution to provide for the increased costs of maintaining the records of the dog.

I. Registration Of Animal: The owner/guardian of a vicious dog must, within ten (10) days of such determination, upon request by the city present said animal at the animal services agency and allow photographs and measurements of the animal to be taken for purposes of identification.

J. Undesignation Of Animal:

1. The owner/guardian of a dog found potentially dangerous, who has no additional violations of any of the provisions of this title, within a thirty six (36) month period from the date of designation as potentially dangerous, must be removed from the list of potentially dangerous dogs by the director. The dog may be, but is not required to be, removed from the list of potentially dangerous dogs before the expiration of the thirty six (36) month period if the owner/guardian of the dog demonstrates to the director that changes in circumstances or measures taken by the owner/guardian, such as training of the dog, mitigated the risk to public safety.

2. The owner/guardian of a dog found vicious, who has no additional violations of any of the provisions of this title, after a thirty six (36) month period from the date of designation as vicious, may apply to the director to remove the animal from the list of vicious animals. The director has the discretion to remove the animal from the list of vicious animals upon proof of the successful completion of at least eight (8) weeks of formal obedience training, other similar evidence of training, or other rehabilitative efforts designed to mitigate the risk to public safety. (Ord. 1457, 12-21-2010)

A. Costs Of Subsistence And Care: The costs of subsistence or care for impounded animals and fowl will be a charge against and paid by the city, unless otherwise specified in any contract which may be awarded for the pound service as contemplated by this chapter, in which case the costs thereof will be paid and discharged as contemplated in the contract.

B. Minimum Period Of Impoundment: Every animal and fowl impounded in the public pound will be kept therein for a full period of at least five (5) days, exclusive of the day of impoundment, unless sooner redeemed by the lawful owner thereof or unless in the opinion of the director the physical condition of the animal or fowl is such as to justify prior disposition in order to serve humane considerations. (Ord. 1340, 11-7-2001)

A. Right To Reclaim Upon Payment Of Charges: The owner or any person entitled to the control of any animal or fowl impounded in the public pound has the right to reclaim the same at any time before the sale or other actual disposal thereof, upon payment to the director of the costs and charges provided for in this chapter.

B. Payment Of Fees: When any redemption is made under this chapter, in addition to paying any impounding and maintenance fee or costs incurred by reason of impounding any animal impounded under this chapter, there will also be paid the amount of any license fee which may then be due or payable on such animal under this title or any other section of this code or ordinance of the city, in case a current license for the animal is not in existence at the time.

C. Damage Payment: When any redemption is made under this chapter, in addition to paying any impounding fee or costs incurred by reason of impounding any animal or fowl, there will also be paid reasonable demands for actual damage done by any animal or fowl running at large. The damages required to be paid by this subsection will be paid to the person whose property was damaged. (Ord. 1340, 11-7-2001)

No impounded dog will be released to any person except where the following occurs:

A. A current license and rabies tag is presented to the director for the dog.

B. The director is given proof that a license fee was paid to the city pursuant to this title.

C. Impound, collection, and other fees related to the impoundment required by this title are paid to the city.

D. The director is given proof that the dog is vaccinated for rabies, if required, or a fee is paid for vaccination.

E. The director determines that the dog does not have and is not reasonably suspected of having rabies. (Ord. 1340, 11-7-2001)

If the director suspects that an impounded dog has rabies, the dog will be inspected by a county health officer. Should the dog be found to have rabies, it will be disposed of or confined for such time as the health officer directs. In the event that the health officer suspects that the dog may develop rabies, it will be confined for such time as the health officer directs. Whenever the health officer determines that the dog does not have rabies, it will be released in accordance with the provisions of this chapter. (Ord. 1340, 11-7-2001)

Any animal or fowl found trespassing upon private property may be captured by the party owning, controlling or having possession of the ground or premises, or by the agent or representative of the person, and committed to the director to be dealt with as provided in this chapter. Any person taking up the stray animal or fowl found running at large or trespassing upon any property, ground or premises owned, controlled or in possession of the person will promptly notify the director of such capture and it is unlawful for any such person to fail or refuse to surrender the animal to the director upon demand. (Ord. 1340, 11-7-2001)