Emeryville Municipal Code Art. 3 Impounding

It shall be the duty of the Director to take up, impound, and safely keep any animal found running at large, staked, tied, or being kept on any private property or City property contrary to the provisions of this chapter. The required holding period for a stray dog shall be as provided in Food and Agriculture Code Section 31108, as now provided or as may hereafter be amended. The required holding period for a stray cat shall be as provided in Food and Agriculture Code Section 31752, as now provided or as may hereafter be amended.

(Sec. 2, Ord. 14-007, eff. July 3, 2014; Sec. 3.65, E.T.C., as added by Ord. 71-03)

All animals impounded at the shelter shall be provided with proper and sufficient food and water by the Director.

(Sec. 3.68, E.T.C., as added by Ord. 71-03)

The Director, immediately upon the impoundment of any dog or other animal, shall make every reasonable effort to notify the owners of such dogs or other animals impounded and inform such owners of the conditions whereby they may regain the custody of such animals. If an impounded dog has a valid license, the owner shall be notified. Such notice shall be either personal or by deposit in the mail, properly addressed and postage prepaid.

(Sec. 3.67, E.T.C., as added by Ord. 71-03)

(a) The owner of any licensed impounded animal shall have the right to reclaim such animal at any time prior to the lawful disposition thereof upon payment to the Director of the costs and charges for impounding and keeping of such animal. The owner shall show proof of a valid, current, antirabies vaccination of any dog so impounded.

(b) An impounded animal that is not spayed or neutered shall be spayed or neutered at the owner's expense before being returned to the owner, subject to the conditions and exceptions provided in this section.

(1) The owner shall be given a choice of veterinarians to perform the procedure. If the owner does not select a veterinarian, the City may choose one.

(2) The City may order the spay or neuter of an impounded animal without the owner's consent. Provided, however, the City may not have an impounded animal spayed or neutered without the consent of the owner until at least seven (7) days after impoundment, unless the seventh day falls on a day that the animal shelter is closed, in which case the procedure shall be stayed until the next working day.

(3) An owner who objects to the spay or neuter procedure may, within seven (7) days after impoundment, request a hearing. In which case the spay or neuter procedure will be stayed and the animal shall continue to be impounded at the animal shelter until final disposition of the hearing. A hearing officer designated by the City Manager shall determine whether the animal may be returned to its owner without first being spayed or neutered. In making this determination, the hearing officer shall determine whether the risk that the animal will produce unwanted offspring outweighs the reasons given by the owner against conducting the procedure. The decision of the hearing officer shall be final with no further right of administrative appeal. The owner is responsible for all boarding fees during the entire impound period. Failure by the owner to request a hearing in the timeframe described herein shall be deemed a waiver of the right to a hearing.

(4) This subsection shall not apply if a licensed veterinarian certifies that the animal: (a) should not be spayed or neutered for health reasons; or (b) is permanently infertile.

(Sec. 3, Ord. 14-007, eff. July 3, 2014; Secs. 3.68 and 3.69, E.T.C., as added by Ord. 71-03)

Unlicensed impounded animals which are not reclaimed by their owner and that have been held for the required holding period may be sold by the Director to the person offering to pay a cash amount set by the Director; provided, however, the purchaser shall not be given the possession of any dog until the purchaser shall have paid the licensing authority for the license fee prescribed for such dog; and further provided, that subject to the provisions of Food and Agriculture Code Section 30503 in the case of dogs, and Food and Agriculture Section 31752 in the case of cats, as now provided or as may hereafter be amended, the purchaser shall not be given possession until such dog or any cat so purchased shall have been spayed or neutered and such person has paid the cost therefor. If any dog or another animal impounded by the Director shall not have been redeemed within such period and cannot be sold within a reasonable time thereafter, such dog or other animal may be destroyed by the Director in a humane manner. In lieu of destruction, the Director may release, without charge, any animal to any humane organization which provides an animal adoption service.

The Director may waive the spay or neuter deposit for transfers to other public animal control agencies or shelters, societies for the prevention of cruelty to animals, humane society shelters, rescue groups, or veterinarians.

(Sec. 4, Ord. 14-007, eff. July 3, 2014; Sec. 3.68, E.T.C., as added by Ord. 71-03)

The owner of any impounded animal, at any time within thirty (30) days after the sale of such animal by the Director, may redeem such animal from the purchaser by paying him the amount of the purchase price paid to the Director, any license fee paid in addition thereto, and a sum equal to the rates for the number of days from the date of the sale to and including the date of such redemption.

(Sec. 3.70, E.T.C., as added by Ord. 71-03)

It shall be the duty of the Director, and he is hereby authorized, to forthwith destroy any animal lawfully impounded which is unfit for adoption or dangerous to keep impounded by reason of age, disease, or other cause.

(Sec. 3.71, E.T.C., as added by Ord. 71-03)

Every person taking up any stray animal or an animal running at large contrary to the provisions of this chapter, within eight (8) hours thereafter, shall give notice to the Director of the following:

(a) The fact that such person has such animal in his possession;

(b) The complete description of such animal;

(c) The place where such animal is confined; and

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

Every such person and any person in whose custody such animal may be placed in the meantime may deliver such animal to the shelter without fee or charge. The Director shall thereupon hold and dispose of such animal in the same manner as though such animal had been found at large and impounded by him.

(Sec. 3.66, E.T.C., as added by Ord. 71-03)

The Director shall maintain a file at the shelter, describing each animal impounded therein, for at least the prescribed period beginning on the day any such animal is taken or delivered into the possession of the shelter.

(Sec. 3.68, E.T.C., as added by Ord. 71-03)