La Mesa Municipal Code Ch. 8.10 Impounding

The department, the chief of police and his deputies and every police officer of the city and every person as stated and employed by the city council for that purpose, shall attempt to capture any animal found in violation of this title and may destroy and/or impound an animal if, in their judgment, such action is required for public health and safety. Provided, however, that the department shall not seize or impound any dog for being at large that has strayed from but then returned to the private property of its owner or the person who has a right to control the dog, but in such case a citation may be issued; provided, however, that if in such a situation the owner or person who has a right to control the dog is not home, the dog may be impounded, but the department shall post a notice of such impounding on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: That the dog has been impounded, the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog 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 the dog.

(Ord. 2562 § 4; July 24, 1990)

All animals impounded pursuant to this chapter shall be taken up and confined in a safe and comfortable place, properly provided with food and water. The chief of police and/or the city council shall establish either a contract with an agency to furnish an animal shelter or provide the city's own animal shelter where the animals may be claimed by their owners.

(Ord. 2562 § 4; July 24, 1990)

Upon impound of an animal wearing a license or identification tag listing the owner's name and address, it shall be the duty of the department to give notice of the impounding of such animal to the owner or the person claiming to own such animal, or to the registered owner.

(Ord. 2562 § 4; July 24, 1990)

The notice provided for in Section 8.10.030 shall be given by telephone call, posted notice on door, or certified mail. Such notice shall state the fact that such animal has been impounded, the phone number of the department, and the date that the animal must be claimed by. Such notice shall be addressed to such person and address as shown by the city records or identification tag.

(Ord. 2562 § 4; July 24, 1990)

The department shall keep confined as required by this chapter every impounded animal upon which a license or identification tag is found, as required by California Food and Agriculture Section 31108 (dogs) and 31752 (cats).

(Ord. 2562 § 4; July 24, 1990; Ord. 2022-2892, § 1, January 11, 2022)

Every impounded animal upon which no license or identification tag is found shall be confined for a minimum period of three days (seventy-two hours), unless sooner redeemed.

(Ord. 2562 § 4; July 24, 1990)

Any person owning or claiming to own any animal impounded under the provisions of this chapter may redeem such animal by payment of the sum established by city council resolution, to the department, the animal shelter or other proper official. For the purpose of this section, any period of time after the animal arrives at the shelter and is placed into a kennel shall constitute one day. However, if the department, its agents or deputies, impounds an animal with a license or other type of identification, it may at the officer's discretion release the animal to the owner, prior to being taken to the animal shelter, with either a verbal or written warning and/or citation, without collecting impound fees.

(Ord. 2562 § 4; July 24, 1990)

Any person redeeming any dog impounded under this division shall also procure a license for such dog, if said license has not been previously issued for such dog, as provided in this title.

(Ord. 2562 § 4; July 24, 1990)

The department may dispose of humanely or may transfer to a new owner upon payment of the applicable fee, any impounded animal not claimed by its owner or custodian within the prescribed holding time. Animals relinquished by their owners may be destroyed or transferred to a new owner without regard to any prescribed holding time. Injured or diseased animals may be humanely destroyed without regard to the prescribed holding time in order to alleviate suffering or to protect other impounded animals from exposure to a contagious disease.

(Ord. 2562 § 4; July 24, 1990)

Nothing in this division shall be construed as permitting the redemption of any dog having or suspected of having or found afflicted with rabies or hydrophobia.

(Ord. 2562 § 4; July 24, 1990)

Every person desiring a stray cat picked up by the animal control department must have the cat confined either in a cage or other type of container so as to prevent injury to the officer. A fee established by city council resolution will be paid at the time of said impoundment. A humane live animal trap will be made available by the city of La Mesa for this purpose at no cost to the citizen.

(Ord. 2562 § 4; July 24, 1990)

Any person engaged in enforcing this title, may impound any dog, with or without its owner, when it is found with a license that has an expiration date in excess of one year. Any dog found without a license tag and/or the owner cannot show proof of a current license, is prima facie that the license expiration date is in excess of one year and is subject to impoundment.

Any dog impounded under this section shall be held and the owner notified in the same manner as described in Sections 8.10.040 and 8.10.050.

For the purposes of this section, the dog shall be released to the owner after paying all impound fees and furnishing proof of a current license.

If the dog is also not currently vaccinated, as required by this title, the animal control officer or other proper official will transport said dog to the owner's choice of veterinarian, within the city limits of La Mesa.

(Ord. 2562 § 4; July 24, 1990)