Fillmore Municipal Code Ch. 9.09 Animal Pound

It shall be the duty of the animal services director to enforce the provisions of this title and resolutions adopted pursuant thereto. An animal control officer may also enforce the provisions of this title.

(Ord. No. 22-940, § 14, 5-24-2022)

Editor's note— Sec. 14 of Ord. No. 22-940, adopted May 24, 2022, amended § 9.09.010 in its entirety. Former § 9.09.010 pertained to poundmaster, and derived from Ord. No. 622, 1989.

As used in this title, "owner" also includes any person who has the legal right to custody of an animal.

(Ord. 622 § 1 (part), 1989)

The animal services director shall feed and care for any animal impounded as provided in this title until it is disposed of as provided by law. If such animal is not a "diseased or injured animal" as defined in Section 9.09.060 and is not being isolated pursuant to Chapter 9.10, the person owning such impounded animal may redeem it at any time after it is taken up by describing it, proving ownership to the satisfaction of the animal services director, paying all applicable fees and obtaining, when necessary, the dog license required by Section 9.08.010. If the impounded dog bears a license tag issued under the provisions of this title, such notice shall be mailed to the address shown on the copy of the receipt for such license tag on file in any county office. If any animal impounded is not so redeemed, or if the owner of such animal is unknown to the animal services director, or fails or refuses to comply with any of the requirements of redemption as provided herein, or if the owner has waived the redemption period in writing, such animal shall be deemed to be abandoned and the animal services director shall dispose of such animal according to the provisions of applicable state law. In disposing of an impounded animal, the animal services director may, in his or her discretion, euthanize the animal in a humane manner; or adopt such animal to any qualified and approved person who will provide the animal a legal, safe, humane home, may transfer such animal to a municipal shelter, or approved 501(c)(3) rescue organization, humane society, or society for the prevention of cruelty to animals. The price to be charged for any animal adopted as a pet or transferred shall be as prescribed by resolution of the council or county board of supervisors.

(Ord. 622 § 1 (part), 1989)

(Ord. No. 22-940, § 15, 5-24-2022)

No dog capable of reproduction shall be sold by the poundmaster pursuant to Section 9.09.030 unless the person purchasing the dog has first signed a written promise to cause the dog to be neutered or spayed on or before a specified deadline and has first deposited with the poundmaster for application toward the cost of such neutering or spaying the amount of ten dollars in the case of a male dog or twenty dollars in the case of a female dog. The specified deadline shall be the one-hundred-eightieth day after such purchase or the day estimated by the poundmaster to be the day on which the dog will attain the age of nine months in the case of a male dog or seven months in the case of a female dog, whichever day is later in time. The deposit is nonrefundable, but may be transferred at any time prior to the specified deadline upon a showing satisfactory to the poundmaster that the original dog is either dead or too ill to undergo the operation on or before such deadline. Upon written verification of a licensed veterinarian that the dog has been neutered or spayed on or before the deadline, the entire amount of the deposit shall be forwarded to the veterinarian to be applied toward the veterinarian's fee for such operation or to be disposed of in such other manner as the veterinarian and the person who made the deposit may agree. If no such verification is received by the poundmaster within thirty days after the deadline, the deposit shall be deemed forfeited. This section shall not be construed to impose any obligation upon either the city or the poundmaster to pay any part of the veterinarian's fee, in the event that the fee is greater than the amount of the deposit, or to refund any part of the deposit in the event that the veterinarian's fee is less than the amount of such deposit.

(Ord. 622 § 1 (part), 1989)

In addition to the authorization contained in Section 9.09.030 for the disposition of impounded dogs, the poundmaster may, in his discretion, transfer title to any impounded animal to any institution engaged in the diagnosis or treatment of human or animal diseases, or in the research for the advancement of veterinary, dental, medical or biologic sciences or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals or drugs, provided that:

(1) Such institution has the approval of the United States Department of Agriculture pursuant to the Federal Animal Welfare Act and, when applicable, the Board of Public Health of the State of California;

(2) Such institution and its facilities have been inspected and approved in writing by the health officer at least once within twelve months before delivery of the animal to it;

(3) A dog has been impounded in an animal pound for at least ten consecutive days after the time for redemption has commenced.

The poundmaster or his delegate shall keep a record containing a general description, the date of impoundment, the date of transfer, and the name of the transferee of each dog transferred under the provisions of this section.

In lieu of all other fees and charges set forth in this title, the poundmaster shall charge for each dog and cat or other small animal so transferred the price set by resolution of the council.

As used in this section, the term "institution" includes, but is not limited to, laboratory, firm, association, corporation, copartnership and educational institution. Neither the city nor its officers, agents or employees shall be liable for the good-faith transfer of any animal pursuant to this section.

(Ord. 622 § 1 (part), 1989)

(a) A "diseased or injured animal" is any animal not suspected of rabies which is apparently either diseased, sick, injured, disabled, or infirm.

(b) Shelter animals. The animal services director shall, after impounding any animal, determine whether it is a "diseased or injured animal." If the animal is determined to be diseased or injured, the animal services director is authorized to procure any necessary emergency medical treatment for such animal and shall, without undue delay, exercise reasonable diligence in locating and notifying the owner of the location and condition of the animal. When reasonable effort fails to locate the owner or when an owner, after having been located, refuses to accept responsibility for further medical treatment of a diseased or injured animal, the animal services director may euthanize such animal in a humane manner.

(c) Private practice veterinary animals. When a licensed community-based veterinarian determines that a stray or wildlife diseased or injured animal is in severe pain and not likely to survive even though provided medical treatment, it may be humanely euthanized, but the animal services director shall first exercise reasonable diligence to notify the owner that the animal was injured and should be euthanized. If a diseased or injured animal is not euthanized and the owner was not identified, the veterinarian shall notify the division, and the animal services director shall dispose of such animal as otherwise provided in this title.

(Ord. 622 § 1 (part), 1989)

(Ord. No. 22-940, § 16, 5-24-2022)

The animal services director is authorized, whenever he deems it necessary, to temporarily impound animals within an enclosure other than the county animal shelter and such an enclosure shall constitute a temporary animal shelter. Notice that a temporary enclosure is an animal shelter shall be given by placing a sign to that effect on the gate or other entrance thereto.

(Ord. 622 § 1 (part), 1989)

(Ord. No. 22-940, § 17, 5-24-2022)

It is unlawful for any person owning, harboring or controlling any livestock to permit such livestock to run at large upon the private property of another without the permission of the person owning or occupying such private property, or upon the streets or public places within the city. The animal services director is authorized whenever he deems it necessary to deputize individuals who are properly equipped, to capture and transport livestock which is running at large in violation of this section. Each animal captured or transported pursuant hereto shall be impounded at the risk of the owner and the owner or keeper of such animal is liable for all fees set forth in Section 9.09.110. Every person who violates any of the provisions of this section is guilty of an infraction, unless such violation is made a misdemeanor by operation of Chapters 2, 4, 5 and 6 of Part 1 of Division 9 of the Food and Agriculture Code. An animal control officer, as defined in Section 9.04.030 of this Code, may issue an administrative citation assessing a civil penalty to such person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in Chapter 1.09 of this Code or Division 4, Chapter 4, Article 8 of the Ventura County Code.

(Ord. 622 § 1 (part), 1989)

(Ord. No. 22-940, § 18, 5-24-2022)

Upon approval of the county veterinarian a stallion may be kept, when authorized by land use regulations, in a substantial corral of wood or other construction, six feet in height and under conditions to prevent escape and protect people or other animals. A minimum substantial corral is defined as being constructed of four-inch by four-inch posts, eight feet on center, anchored twenty-four inches in cement with two-inch by six-inch rails set two feet apart. Every person who keeps a stallion without such approval or in a corral which does not meet such minimum standards is guilty of an infraction. An animal control officer, as defined in Section 9.04.030 of this Code, may issue an administrative citation assessing a civil penalty to such person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in Chapter 1.09 of this Code.

(Ord. 622 § 1 (part), 1989)

(Ord. No. 22-940, § 19, 5-24-2022)

Upon the impounding of any livestock other than bovine animals, the animal services director shall notify the owner thereof, if the name of such owner is known to him or her, of such impounding. If the name of the owner is not known, or the owner fails or refuses to comply with any of the requirements of redemption, or if the owner has waived the redemption period in writing, such animal shall be deemed to be abandoned and the animal services director shall dispose of such animal as he or she sees fit. Any impounded bovine animal not redeemed by the owner shall be delivered to the State Director of Food and Agriculture pursuant to Food and Agricultural Code Section 17003. All impounded livestock, including bovine animals, may be redeemed by the owner thereof at any time prior to their sale, disposal or delivery to the Secretary of the California Department of Food and Agriculture by the animal services director upon:

(a) Furnishing proof of ownership satisfactory to the animal services director; and

(b) Paying the fee set forth in Section 9.09.110.

The city, its officers, its agents and employees shall not be liable to any person for the delivery of any animal to any person claiming to be the owner thereof, or to be acting on the owner's behalf, and the sale of any animal by the animal services director in conformity with the provisions of this title shall vest title thereof in the purchaser.

(Ord. 622 § 1 (part), 1989)

(Ord. No. 22-940, § 20, 5-24-2022)

If any impounded livestock is redeemed, the animal services director shall collect all applicable fees before delivering the animal to the person redeeming it. Such fees shall be in such amounts as may be prescribed by resolution of the council or county board of supervisors.

(Ord. 622 § 1 (part), 1989)

(Ord. No. 22-940, § 21, 5-24-2022)

All animals which may be impounded shall be kept at the risk of the owner, and neither the city nor its officers, agents or employees shall be liable to the owner for the delivery in good faith of any such animal to a person claiming to be, but not in fact being, entitled to reclaim the same. Neither the city, nor its officers, agents or employees shall be liable for injury or disease to any animal incurred while such animal is being captured, transported or impounded.

(Ord. 622 § 1 (part), 1989)

Every person who breaks open an animal shelter, temporary animal shelter, or animal services vehicle, or who willfully resists, delays or obstructs the animal services director, or his or her designee in the discharge of, or attempt to discharge, any duty of his or her office, is guilty of a misdemeanor/infraction. An animal control officer, as defined in Section 9.04.030 of this Code, may issue an administrative citation assessing a civil penalty to such person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in Chapter 1.09 of this Code or Division 4, Chapter 4, Article 8 of the Ventura County Code.

(Ord. 622 § 1 (part), 1989)

(Ord. No. 22-940, § 22, 5-24-2022)