Chapter 9.12 — ESTRAY—IMPOUNDMENT

The following words and terms used in this chapter are defined for purposes thereof as follows:

A.

"Agricultural commissioner" means the agricultural commissioner of the county;

B.

"Shelter" means the place provided by the board of supervisors for the impounding of domestic animals whether maintained directly by the county or by an agency, society or other organization pursuant to agreement or contract with the county;

C.

"Sheltermaster" means the person in charge of the shelter, or any officer or employee of the agency, society or organization operating the shelter and who is acting under general supervision of the person in charge thereof.

(Ord. No. 20-011, § 1, 6-23-2020; Ord. No. 17-022, § 1, 11-14-2017; Prior code, § 430)

The board of supervisors shall establish or cause to be established by contract or agreement with an agency, society or organization organized for that purpose a suitable place for the impounding of domestic animals from unincorporated areas of the county, which premises shall be considered as the Fresno County shelter; provided, that nothing herein contained shall be construed as preventing the shelter from being operated in conjunction with a shelter operated by said agency, society or organization.

(Ord. No. 20-011, § 1, 6-23-2020; Ord. No. 17-022, § 1, 11-14-2017; Prior code, § 431)

Except as provided in Article 5, Chapter 7, Division 9, Part 1 (commencing with Section 17121) of the Food and Agricultural Code of the state pertaining to estrays in areas devoted chiefly to grazing, it is unlawful for any person owning, harboring, or controlling livestock to permit such livestock to run at large upon private property of another without permission of the person owning or occupying said private property, or upon the streets or public places in Fresno County. The enforcement officer, as defined by Section 9.040.010, subsection G, is authorized whenever deemed necessary to designate individuals, who are properly equipped, to capture and transport livestock that are running at large in violation of this chapter. Each animal captured or transported pursuant to this chapter shall be impounded at the expense of the owner and have lien for all expenses, including any penalties that may be imposed, which are incurred in taking up, keeping, transporting, caring for and selling each animal.

(Ord. No. 20-011, § 1, 6-23-2020; Ord. No. 17-022, § 1, 11-14-2017; Prior code, § 432)

A.

Within five days after taking up or taking possession of any estray horse, mule, burro, sheep, goat or swine the sheltermaster, in addition to giving any notice required by Section 17003 of the Agricultural Code, shall file with the agricultural commissioner and with the sheriff-coroner of the county a notice which contains all of the following:

A description of the animal held;

The marks and brands, if any;

The probable value of the animal;

A statement of the date and place where it was taken up by the sheltermaster and confined;

Any other information which in the opinion of the sheltermaster will be helpful in identifying such animal;

A statement that the animal may be redeemed by its owner before its sale by the sheltermaster.

B.

In addition to the filing of notice with the agricultural commissioner and with the sheriff-coroner, the sheltermaster shall post a copy of such notice in a conspicuous place at the shelter to which the public has access during business hours.

(Ord. No. 20-011, § 1, 6-23-2020; Ord. No. 17-022, § 1, 11-14-2017; Prior code, § 433)

If, after ten days from the date of the filing and posting of notice as required in Section 9.12.040, no satisfactory proof of ownership of the animal has been made or if the owner fails or refuses to pay all expenses which were incurred, the sheltermaster may immediately sell such animal at public auction or private sale.

All sales which are made pursuant to this chapter convey good and valid title to the purchaser. The former owner of the animal so sold is thereafter barred from all right to recover it.

(Ord. No. 20-011, § 1, 6-23-2020; Ord. No. 17-022, § 1, 11-14-2017; Prior code, § 434)

A.

Except as provided in Section 9.12.070, the sheltermaster may retain for the operation of the shelter all proceeds from the sale of any animal under the provisions of this chapter.

B.

The sheltermaster shall maintain for at least one year a copy of the notice filed with the agricultural commissioner and the sheriff-coroner under Section 9.12.040 together with a record of the amount received in the sale of such animal and of all expenses incurred in connection with taking up, keeping, caring for and selling it. Copies of such notices and records shall be available to the public for inspection at the shelter office.

(Ord. No. 20-011, § 1, 6-23-2020; Ord. No. 17-022, § 1, 11-14-2017; Prior code, § 435)

If any person shall, within one year after the date of the sale, prove to the satisfaction of the sheltermaster or the agricultural commissioner his ownership of the animal which was sold pursuant to this chapter, the sheltermaster shall pay such person the proceeds of the sale of the animal less any amount necessary to satisfy his lien for care and costs.

(Ord. No. 20-011, § 1, 6-23-2020; Ord. No. 17-022, § 1, 11-14-2017; Prior code, § 436)