Gilroy Municipal Code Art. VI Impoundment

(a) Notwithstanding section 4.8 of this chapter, an animal control officer or peace officer may seize and impound an animal for violation of any provision of this title or state law, without prior notice and prior to a hearing, in any of the following situations where the officer reasonably believes it is necessary:

(1) To protect public health, safety and property;

(2) To protect an animal which is injured, sick or starving and must be cared for; and

(3) Where the owner is not present, to protect an animal from injury which has strayed onto public property or a public right-of-way.

(b) Where the officer determines the animal must be seized and impounded in accordance with subdivision (a), the officer shall post a notice of such impoundment on the front door of the residence of the owner or person who has a right to control the animal. The notice shall state the following: that the animal has been impounded, where the animal is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the animal, and an indication of the ultimate disposition of the animal if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control or custody of the animal.

(c) Where the owner or person in control of the animal has not contacted the police or citation issuing office in accordance with directions provided in the notice, the administrator shall attempt to contact that person again after twenty-four (24) hours and then forty-eight (48) hours.

(d) Persons owning or providing custody for the impounded animal may appeal the decision impoundment in accordance with the process set forth under sections 4.55 through 4.57. If the owner or person who has the right to control the animal wishes to challenge the impoundment, the owner shall personally deliver or mail a written request for a hearing, such that it is received by the administrator within seventy-two (72) hours of the seizure and impoundment.

(e) The administrator shall promptly set the time and place for the hearing and shall cause notice of such hearing to be deposited in the mail to the party requesting a hearing at least five (5) days before the date of the hearing.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Except as elsewhere provided in this chapter, an animal control officer shall not seize or impound a dog or wild or exotic animal for running at-large under the provisions of this title when the animal has not strayed from and is upon the private property of the owner or the person who has a right to control the animal, or upon private property to which the animal owner or person who has the right to control the animal has a right of possession.

(b) An animal control officer shall not seize or impound a dog which has strayed from, but then returned to, the enclosed portion of private property of his owner or the person who has a right to control the dog. In such a case, a citation may be issued to the owner or person in control of the animal. An officer may seize and impound any wild or exotic animal which has strayed from, but has returned to, the property of the animal’s owner or keeper.

(c) Where the officer is authorized to issue a citation under subsection (b), but the owner or person who has a right to control or custody of the animal cannot be located, and in the reasonable opinion of the animal control or peace officer at the scene the animal poses a threat of running at-large again, the animal may be impounded.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

The administrator shall assure that all impounded animals receive suitable and adequate food, water and shelter.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

The administrator or animal control officer may permit an owner or other person entitled to custody of an impounded animal to redeem such animal. No animal may be redeemed without payment of the fees for impounding and keeping the animal, and without compliance with the licensing provisions of this title.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) No animal may be disposed of until seventy-two (72) hours have elapsed from the date of impoundment, exclusive of the day of impoundment and the days that the impounding facility is closed to the public.

(b) Notwithstanding anything to the contrary, an animal which has been determined by a veterinarian licensed by the state or by other authorized personnel to be diseased or injured to the extent that emergency veterinary care will not alleviate intense suffering, shall be destroyed in accordance with all state and county humane laws as soon as possible.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Except as provided otherwise in this chapter, the administrator, animal control officer or peace officer may not seize or impound any animal without the consent of the owner or person entitled to custody of the animal, unless notice of that seizure has been properly served as provided for in this chapter.

(b) If the owner or person who has a right to control an animal refuses to consent to an impoundment of any animal owned by such person, the animal control officer may issue a notice commanding the person to appear before the administrator at a set time.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) Conduct of Hearing. At the hearing, the applicant and the animal control division may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Any relevant evidence may be admitted and strict rules of evidence need not apply.

(b) Form and Timing of Decision. The petitioner shall be given written notice of the decision within fifteen (15) days of the hearing. The decision of the hearing examiner shall be written and based entirely on the record. The administrator shall order the animal released without conditions, released with conditions, shall designate the animal vicious, dangerous level 1, 2, or 3 and order release with conditions, or for dogs designated level 3 shall order the animal destroyed.

(c) Effect of Decision. The decision of the administrator shall be final and shall be supported by the weight of the evidence. Any release conditions imposed by the administrator shall be solely in the interest of protecting public health, safety and property and the safety of the animal may include the obligation to inform, along with animal control, and city, county, postal, service utility company, employee, meter reader, and anyone else that comes on the property with implied consent or peaceably and lawfully of the animal’s dangerousness if the animal is moved into an area.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

Any person who fails to appeal any seizure or impoundment by the animal control officer under this title within seventy-two (72) hours from impoundment will forfeit all rights of ownership and control of the animal. Final disposition of the animal shall be determined by that agency in accordance with the provisions of this title and state law.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

The city has adopted California Code of Civil Procedure Section 1094.6, setting a time limit for seeking review of administrative decisions subject to review under that section.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

(a) An impoundment fee shall be charged to the owner of each animal impounded, in an amount fixed by resolution.

(b) In addition, a fee for keeping an impounded animal shall be charged in an amount sufficient to defray the costs of keeping the animal, as determined by the administrator.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)

§ 4.60. through § 4.62. (Reserved)

If any section, subsection, subdivision, sentence, clause, phrase or word of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. No. 95-9, §§ 2, 3, 5-1-1995)