Long Beach Municipal Code Ch. 6.04 Animal Shelter

Footnotes:

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Editor's note— ORD-09-0022, § 2 adopted Aug. 4, 2009, amended Ch. 6.04 in its entirety to read as herein set out. Former Ch. 6.04, §§ 6.04.010—6.04-120 pertained to similar subject matter and derived from Prior code §§ 5610, 5610.1, 5610.10, 5610.40—5610.48; Ord. C-5403 §§ 3—5, 1978; Ord. C-5645 § 1 (part), 1980; Ord. C-5808 § 1, 1982; Ord. C-6147 § 1, 1985; and Ord. C-6530 § 1, 1988.

There shall be provided a suitable enclosure or place for the purpose of keeping and safely holding animals impounded, which shall be designated as the animal shelter; provided, that one (1) or more suitable enclosures or places may be provided for the purpose of keeping and safely holding animals impounded, which places shall be designated as branches of the City animal shelter and shall be included within the meanings of the words animal shelter wherever the name may appear in this Title.

(ORD-09-0022, § 2, 2009)

Whenever in this Title 6 of the Long Beach Municipal Code the words "Director" or "Director of Animal Care Services Bureau" are used, they shall mean the Director of Animal Care Services Bureau of the Department of Health and Human Services or his/her designee.

(ORD-09-0022, § 2, 2009)

Whenever in this Title 6 of the Long Beach Municipal Code, the words "person responsible" are used, they shall mean any person owning, having a proprietary interest in harboring or having the care, charge, control, custody or possession of an animal.

(ORD-09-0022, § 2, 2009)

The Director shall take up, impound and safely keep any and all of the animals enumerated in this Chapter and found running at large, pastured, herded, staked or tied in any street, park, or other public place, or upon any private property, in violation of any of the provisions of this Title 6.

(ORD-09-0022, § 2, 2009)

It shall be the duty of the Director and of every Police Officer to take up and deliver to the animal shelter any animal, regulated pursuant to Title 6 of the Long Beach Municipal Code, found to be at large, loose and/or unattended, by a person responsible for that animal, upon any public or private property within the City in violation of any of the provisions of this Title 6.

(ORD-09-0022, § 2, 2009)

The Director shall safely keep all animals, regulated pursuant to Title 6 of the Long Beach Municipal Code, impounded at the animal shelter and shall furnish the same all necessary food and water, and shall give the same ordinary attention as may appear to be reasonably required for the welfare of such animals.

(ORD-09-0022, § 2, 2009)

The person responsible for an animal may, with the consent of the Director, place the custody of such animal with said official for the purpose of obtaining his/her assistance in procuring a new owner for the animal under such terms and conditions as that official, in his/her sole and absolute discretion, shall determine. The act of the person responsible in so placing the custody of the animal with the Director shall, in no event and under no circumstances, obligate that official of the City to procure a new owner for the animal and, in the event such official so determines, the animal may be destroyed and disposition made of the carcass. By placing the animal in the custody of the Director in accordance with this Section, the person responsible thereof relinquishes and conveys to the City all his/her right, title and interest in and to the animal and to the proceeds of any sale of the animal thereafter made, and neither the City, nor the official shall be required to make an accounting for any such proceeds. If the Director elects to accept the custody of the animal, he/she shall require the person responsible thereof to evidence in writing his/her knowledge and acceptance of the provisions of this Section. Notwithstanding anything in this Section to the contrary, in the event the Director has not procured a new owner for the animal and the same has not been destroyed, the person so placing the animal in custody may redeem and reclaim it from the custody of the City upon the payment of a fee established by the City Council by resolution. The person responsible for the unwanted animal may deliver the animal to the animal shelter subject to a fee determined by the City Council by resolution, or, in the alternative, the person responsible may request that a representative of the Animal Care Services Bureau pick up the animal at a fee established by the City Council by resolution.

(ORD-09-0022, § 2, 2009)

Upon the impounding of any animal, the Director shall immediately notify the person responsible thereof, if known, to redeem the animal within five (5) days following the date of impoundment; and unless timely redeemed, the Director shall sell the animal at public or private sale, at such price as he/she may deem reasonable. At the time of sale of any impounded animal, the purchaser shall pay a spay and neuter fee established by the City Council by resolution. All such fees shall be deposited in the City of Long Beach Animal Care Services Bureau Spay and Neuter Trust Account. In the event a purchaser cannot be obtained for any animal, the Director shall destroy such animal and dispose of the carcass. The Director may, without waiting for such five (5) day period to elapse, cause any impounded animal to be destroyed when he/she reasonably determines that such animal is unfit for further use by reason of its having been injured, having become infected with a dangerous or communicable disease, having become incurably crippled or having become infirmed on account of advanced age. The Director may likewise so destroy any impounded animal upon receiving the written, telephonic, or verbal directive from a duly licensed veterinarian that such animal is afflicted with a painful and incurable disease.

(ORD-09-0022, § 2, 2009)

The person responsible for any impounded animal, regulated pursuant to Title 6 of the Long Beach Municipal Code, shall have the right to redeem and to take possession of the animal at any time prior to the sale or destruction thereof upon payment to the Director of the costs and charges incident to the impounding, taking and keeping thereof, and upon satisfactory proof of the ownership and right to possession of the animal. As an incident to the redemption of any dog, the person responsible shall also pay the license tax plus any penalty, determined by the City Council by resolution, for any dog for which a license tag has not been issued for the current year, and shall also provide satisfactory evidence of compliance with Section 6.12.110.

(ORD-09-0022, § 2, 2009)

When the Director determines that an impounded animal is without microchip identification, in addition to the requirements set forth in Section 6.04.080, the person responsible shall, prior to redemption, pay a fee at his/her own expense to have microchip identification implanted into the animal. The Director shall provide the person responsible with a written statement confirming that a microchip, approved by the Animal Care Services Bureau, has been implanted by the Director's designee only after the procedure is complete. The identifying microchip information shall be maintained by the Animal Care Services Bureau. Fees for impounding animals shall be those established by the City Council by resolution.

(ORD-09-0022, § 2, 2009)

No person shall conceal or attempt to conceal, remove/retrieve or attempt to remove/retrieve any animal regulated pursuant to Title 6 from the Director, or from any other officer authorized to enforce any of the provisions of this Title 6, while engaged in the capture or in conveying to the animal shelter any such animal, or to interfere in any manner with said persons in the performance of any duty incident to their office, or to conceal or attempt to conceal, remove/retrieve or attempt to remove/retrieve any animal which has been impounded in the animal shelter.

(ORD-09-0022, § 2, 2009)