Hawthorne Municipal Code Ch. 6.04 Impounding of Animals

For the purpose of this chapter unless it is plainly evident from the context that a different meaning is intended certain terms used herein are defined as follows:

"Animals"

includes any beast, poultry, bird, reptile, fish or any other dumb animal.

"Animal menagerie"

means a place where wild animals are kept or maintained for any commercial purpose, including places where wild animals are boarded, trained or kept for hire.

"Animal shelter"

means a place where all animals impounded by the bureau of animal services are placed for their humane care and keeping in compliance with Senate Bill 1785 created by Senator Tom Hayden and codified as California Civil Code Sections 1834, 1834.4(a), 1834.5, 1834.6, 1834.7 (or its successor) California Food and Agricultural Code Section 17005 (or its successor) and Penal Code Sections 599(a)(b) and 597.1(1) (or its successor).

"Approved canine rabies vaccine"

means a canine rabies vaccine which is approved for use by the state of California, Department of Public Health.

"At large"

means an animal off the premises of its owner unless such animal be securely confined by a strong leash securely and continuously held by the owner of such animal, or confined within an automobile.

"Cat"

means any cat of any age, female as well as male.

"Cat kennel"

means any lot, building, structure or premises wherein four or more cats over the age of four months are kept or maintained for any purpose.

"Director"

shall mean the director of the bureau of animal services. The director of the bureau of animal services shall be the director of licensing and code enforcement .

"Dog"

means any dog of any age, female as well as male.

"Dog kennel"

means any lot, building, structure, enclosure or premises wherein or whereon four or more canine animals over the age of four months are kept or maintained for any purpose.

"Horse"

shall include mule, burro, pony, jack, hinny or jenny.

"Impounded"

means any animal pursuant to this chapter or any state statute has been received into the custody of any animal shelter, such animal will have been "impounded" as that word is used in this chapter.

"Owner"

means any person, firm or corporation having an interest in, having control or custody or possession of any animal for fifteen consecutive days.

"Person"

means any firm, partnership, corporation, trust, association or person.

"Pet shop"

means any place of business where dogs under four months of age, or cats, monkeys, birds, reptiles, fish or any other animal to be used as pets are kept for sale.

"Pound"

means a place where all animals impounded by the bureau of animal services are placed for their humane care and keeping in compliance with Senate Bill 1785 created by Senator Tom Hayden and codified as California Civil Code Sections 1834, 1834.4(a), 1834.5, 1834.6, 1834.7 (or its successor) California Food and Agricultural Code Section 17005 (or its successor) and Penal Code Sections 599(a)(b) and 597.1(1) (or its successor).

"Shall" and "may."

"Shall" is mandatory and "may" is permissive.

"Unlicensed dog"

means any dog for which the license or registration fee for the current year has not been paid, or to which the I.D. tag for the current year provided in this chapter is not attached.

"Wild animal"

means any wild, exotic, dangerous or non-domestic animal, including but not limited to mammals, fowl, fish or reptiles.

(Ord. 1724 § 1, 2001; Ord. 1905 § 1, 2007)

A public pound shall be maintained for the impounding of animals at such place or places as the city council may, by resolution or contract, determine.

(Ord. 1724 § 1, 2001)

The bureau of animal services under the administrative management of the director of licensing and code enforcement is established. The director of the bureau of animal services shall be the director of licensing and code enforcement .

(Ord. 1724 § 1, 2001; Ord. 1905 § 1, 2007)

The office of bureau of animal services shall be and the same is created. It is the duty of the bureau of animal services to make investigations concerning take-up, to receive into the pound, maintain therein and release, discharge or dispose of therefrom, all animals found running at large upon any public street, park or any other public place, or in or upon unenclosed private property within the city, or which shall be staked out or fastened in such manner that they can go or enter into or upon any such public street, park or other public place within the city, or which may be delivered to such bureau of animal services by any person under the provisions of this chapter and Chapters 6.08 and 6.16 or which may be on private premises within the city but which are nevertheless subject to impoundment or disposal under the provisions of this chapter and Chapters 6.08 and 6.16.

Whenever a power is granted to, or a duty is imposed upon the director of the bureau of animal services or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this chapter expressly provides otherwise.

(Prior code § 9-401; Ord. 1102 § 3, 1975; Ord. 1724 § 1, 2001)

Any animal found trespassing upon any private ground or premises within the city, may be taken up by the party owning, controlling or having possession of such ground or premises, or by the agent or representative of such person, and committed to the director of the bureau of animal services to be dealt with as provided in this title. Any person taking up any such stray animal found running at large or trespassing upon any property, ground or premises owned, controlled or in possession of such person, shall promptly notify the director of the bureau of animal services of such taking up and no person shall fail or refuse to surrender such animal the director of the bureau of animal services or his or her duly authorized representative upon demand therefor.

(Prior code § 9-403; Ord. 1102 § 3, 1975; Ord. 1724 § 1, 2001)

The director of animal services shall keep a full, true and correct record of all animals taken, received and impounded, the date of such impounding, and the date and manner of their release, discharge or disposal. The director of animal services shall also provide the necessary subsistence and shall properly care for all animals while in his or her custody in accordance with Senate Bill 1785 created by Senator Tom Hayden and codified as California Civil Code Sections 1834, 1834.4(a), 1834.5, 1834.6, 1834.7, (or its successor) California Food and Agricultural Code Section 17005 (or its successor) and Penal Code Sections 599(a)(b) and 597.1(1) (or its successor).

(Prior code § 9-404; Ord. 1102 § 3, 1975; Ord. 1724 § 1, 2001)

The owner of any person entitled to the control of any animal impounded shall have the right to reclaim the same at any time prior to the sale or other actual disposal thereof upon payment to the director of animal services of the cost and charges provided for by resolution.

(Prior code § 9-405; Ord. 1102 § 3, 1975; Ord. 1724 § 1, 2001)

The city council may provided for an animal shelter or may contract for the furnishing to the city with a public pound and/or animal shelter hereinabove referred to and for the performance of all the duties of the bureau of animal services in connection therewith in the manner set forth in and contemplated by this chapter and Chapters 6.08 and 6.16 and the various terms and conditions thereof, including, if the council shall so desire, the collection and issuance by the department of licensing and code enforcement of any license or licenses hereunder; provided, however, that nothing herein contained shall be construed to prevent the issuance of any licenses hereunder by the director licensing and code enforcement. The animal shelter shall be required to comply with Senate Bill 1785 created by Senator Tom Hayden and codified as California Civil Code Sections 1834, 1834.4(a), 1834.5, 1834.6, 1834.7 (or its successor) California Food and Agricultural Code Section 17005 (or its successor) and Penal Code Sections 599(a)(b) and 597.1(1) (or its successor).

(Prior code § 9-406; Ord. 1102 § 3, 1975; Ord. 1724 § 1, 2001)

The expense of operating the animal shelter and/or pound and all charges incurred therefor shall be paid by the city unless otherwise provided by contract.

(Ord. 1724 § 1, 2001)

Whenever any person owning, hiring or having the care or custody of any animal shall fail to pay the license fee for such animal or animals provided and specified in this code or by any other applicable law, the bureau of animal services shall cause such animal to be seized and kept in the public animal shelter for a period in the manner and the terms, conditions and requirements specified in this code or other applicable law and shall give the notices respecting impounded animals with reference to such animal as specified in this code or other applicable law. In the event the animal is not sold or redeemed as herein contemplated, then the bureau of animal services shall make deposition thereof in the manner as set forth in this code.

(Prior code § 9-412; Ord. 1102 § 3, 1975; Ord. 1724 § 1, 2001)

When any redemption is made under this chapter and Chapters 6.08 and 6.16, in addition to paying any impounding fee or costs incurred by reason of impounding any animal impounded hereunder, there shall also be paid the amount of any license fee which may then be due or payable on such animal under this or any other title of this code in case a current license for such animal may not be in existence at the time.

(Prior code § 9-413; Ord. 1102 § 3, 1975; Ord. 1724 § 1, 2001)

A. The city council finds and declares that animal control officers of the bureau of animal services shall enforce laws of the state of California and municipal ordinances relating to the control of animals and have immunity from liability for acts performed in the course of such duties; that violators of animal control laws should be given the opportunity to be released on citation, rather than be taken into custody; that animal control officers rather than police officers issue such citations; and that persons who refuse to sign citations be taken into custody by police officers and not by animal control officers.

B. In the performance of their duties, animal control officers shall have the power, authority and immunity of a public officer and employee as set forth in Penal Code Section 836.5 to make arrests without warrant whenever they have reasonable cause to believe that the person to be arrested has committed a public offense in their presence which is a violation of this chapter, or of any ordinance of the city of Hawthorne or Penal Law of this state relating to the care, ownership, licensing, treatment and impounding of animals.

C. The term "arrest" as used in this section shall mean the power to detain violators for a time sufficient to complete the processing of a citation and release pursuant to Sections 853.5 and 853.6 of the Penal Code, but shall not be construed as authority to take any such violators into custody.

(Ord. 1724 § 1, 2001; Ord. 1905 § 2, 2007)

It is hereby made the duty of the director of the bureau of animal services to enforce any other sections of this chapter whether enumerated as a duty or not.

(Ord. 1724 § 1, 2001)

The bureau of animal services and their respective deputies or representatives are hereby charged with the duty of enforcing the provisions of this chapter and Chapters 6.08 and 6.16 and to pursue, capture and impound any animal or animals found or discovered in violation of any of the provisions hereof. Any violation of Title 6 may be prosecuted as a misdemeanor, as an infraction or as a civil administrative action in the discretion of the city attorney or city prosecutor.

(Prior code § 9-414; Ord. 1102 § 3, 1975; Ord. 1724 § 1, 2001; Ord. 1816 § 7, 2005)

No person shall rescue or attempt to rescue any animal mentioned herein from the possession of the director of animal services or his deputies, or interfere with the director of animal services or his deputies in the performance of the official duties.

(Ord. 1724 § 1, 2001)

It shall be the duty of the director of the bureau of animal services to enforce those sections of the Penal Code of the state of California pertaining to the inhumane treatment of dumb animals, and to take possession of animals so abandoned or neglected, and care for or dispose of same as provided for in Penal Code Section 597 of the state of California.

(Ord. 1724 § 1, 2001)

Any person aggrieved or feeling aggrieved by any act, either of commission or omission, or on the part of the bureau of animal services or by any notice, order or warning given or served by the bureau of animal services, shall have the right to appeal to the animal control board and the decision of the animal control board on the subjects, matters or things constituting the basis or reason for such appeal, after ten days notice to the aggrieved person, shall be final and conclusive unless appealed to the city council.

(Prior code § 9-416; Ord. 1102 § 3, 1975; Ord. 1724 § 1, 2001)

The animal control board shall be composed of the director of licensing and code enforcement and the city manager.

A. The director of licensing and code enforcement may designate an assistant or code enforcement officer to serve in his or her place and stead.

B. The city manager may designate a person to serve in his or her place and stead.

(Ord. 1724 § 1, 2001; Ord. 1816 § 8, 2005; Ord. 1905 § 3, 2007)

The animal control board is hereby created to review actions to the bureau of animal services in the following cases.

A. When an animal license or permit is denied by the bureau of animal services and/or the department of licensing and code enforcement.

B. Applications made for the issuance of discounted licenses or permits for senior citizens.

C. For those individuals who, under the provisions of Chapter 6.04 of the Hawthorne Municipal Code, require bureau of animal services approval before a license may be issued.

D. All such other animal control licenses or permits as in the discretion of the bureau of animal services should be forwarded to the animal control board.

E. All matters pertaining to the revocation an suspension of animal licenses shall be referred to the animal control board for hearing and findings.

(Ord. 1724 § 1, 2001)

Any person requesting review of any decision or order of the bureau of animal services (as delineated in Section 6.04.102) shall be entitled to a hearing before the animal control board upon the filing of a written request therefor with the director of licensing and code enforcement. Persons entitled to request a hearing before the animal control board are any members of the public and/or the animal owner affected by any decision or administrative ruling of the bureau of animal services. The animal control board shall hold such hearing not later than twenty-one days after receipt of such a request for a hearing, unless an extension of time therefor is requested by the applicant.

(Ord. 1724 § 1, 2001)

Any person aggrieved by any decision or administrative ruling of the animal control board, shall be required to comply with the appeals procedure of this section. Compliance with this section shall be a prerequisite to a suit thereon. (See Government Code Section 935(b)).

A. All appeals shall be made to the city council within twenty-one days of any adverse decision by the animal control board. The notice of appeal to city council shall be filed with the city clerk within twenty-one days of the notice of the adverse decision by the animal control board. Appeal to the city council shall be a prerequisite to a suit thereon.

B. The matter shall be set for hearing no more than forty days from the receipt of a timely notice of appeal. The appellant shall be served with notice of the time and place of the hearing, as well as any relevant materials, at least five calendar days prior to the hearing. The hearing may be continued from time to time upon mutual consent between the appellant and the city. At the time of the hearing, the appealing party, the animal control board, and any other interested person may present such relevant evidence as he or she may have relating to the determination from which the appeal is taken.

C. Based upon the submission of such evidence and the review of the city's files, the city council shall issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken. The notice shall be given within twenty-one days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within ninety days from the date of the decision in accordance with Code of Civil Procedure Section 1094.6.

D. Failure of city council to act on appeal constitutes a denial. If the city council fails or refuses to act on the appeal upon receipt of notice therein, either by failure to set a hearing or failure to issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken as specified in Section 6.04.104 within forty-five days, the appeal from the decision of the animal control board shall be deemed to have been denied by the city council on the forty-fifth day.

(Ord. 1724 § 1, 2001)