Los Altos Municipal Code Ch. 5.20 Impoundment

A.

Except as provided in Section 5.12.110 of Chapter 5.12, an animal control officer may seize and impound an animal for the violation of any provision of this chapter or state laws prior to a hearing in any of the following situations where the owner is not present and where the officer reasonably believes it is necessary:

To protect the public health and safety and property;

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

To protect an animal from injury which has strayed onto public property or a public right-of-way.

B.

Even when the person owning or having charge of an animal is present, an animal control officer may seize or impound any such animal he or she reasonably believes to be infected with a disease transmittable to man or to be vicious so as to be a menace to the public health or safety. Such seizure or impoundment may be made even though the animal is at the time of seizure confined by the person owning or having charge of the animal if the animal control officer reasonably believes that such seizure or impoundment is necessary to protect the public health or safety.

C.

If the owner or person who has the right to control the animal wishes to challenge the impoundment, he or she shall personally deliver or mail a written request for a hearing so that it is received by the administrator within seventy-two (72) hours after the seizure and impoundment.

D.

The administrator shall promptly set the time and place for the hearing before him or her and shall cause notice of such hearing to be deposited in the mail to the party requesting the hearing at least five days before the date of the hearing.

E.

The hearing shall be conducted as set forth in Section 5.20.060 of this chapter.

(Prior code § 5-1.109)

All impoundment fees are the responsibility of the animal owner regardless of the hearing determination and all fees 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. 06-297 § 4: Ord. 06-296 § 4)

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

(Prior code § 5-1.111)

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

(Prior code § 5-1.112)

A.

Except as provided in Sections 5.12.110 of Chapter 5.12 and 5.20.010 of this chapter, the administrator or animal control officer may not seize or impound any animal without the consent of the owner or person entitled to custody of the animal, unless an appeal hearing is held as set forth in Section 5.20.060 of this chapter.

B.

If the owner or person who has a right to control an animal refuses to consent to an impoundment of his or her animal, the animal control officer may issue a notice commanding the person to appear before the administrator at a set time. Failure of a person to appear at the hearing shall be a misdemeanor and, upon conviction thereof, shall be punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed five hundred dollars ($500.00), or by both fine and imprisonment, and, in addition, the animal control officer may immediately seize and impound the animal.

(Prior code § 5-1.113)

A.

At the appeal hearing, the petitioner and the animal control division may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The decision of the administrator shall be supported by the weight of the evidence and shall be final. The petitioner shall be given written notice of the decision within fifteen (15) days after the hearing. The administrator, according to this section, may decide that the

owner of an animal will lose all rights of ownership and control of the animal and order that the animal be destroyed. He or she may also declare an animal to be vicious or dangerous as defined in this chapter. He or she may require the owner, before the animal is released to his or her custody, to obtain a permit under Section 5.16.010 of Chapter 5.16 and sign an agreement which contains conditions, such as, but not limited to, the following: The owner agrees as a condition of the animal's release to him or her to:

Keep the animal confined on his or her premises in an enclosure approved by the administrator;

Keep the animal securely muzzled, leashed, and under the control of a person eighteen (18) years of age or older and who is physically capable of restraining the animal when the animal is off his or her property; and

That violation of the conditions set forth in the agreement will result in the animal being impounded and destroyed.

B.

Any violation of such agreement or this chapter shall be a misdemeanor which may result in the prosecution of the person by the district attorney or city attorney.

(Prior code § 5-1.114)

Any person who fails to appeal any seizure or impoundment by the animal control officer under this chapter within seventy-two (72) hours after the impoundment as specified in Section 5.20.080 of this chapter shall forfeit all rights of ownership and control of the animal. All rights of ownership and control shall be transferred to the county environmental management agency. Final disposition of the animal shall be determined by such agency in accordance with the provisions of this chapter and state laws.

(Prior code § 5-1.115)

A.

No animal may be disposed of until seventy-two (72) hours have elapsed after the time of impoundment, exclusive of the day of impoundment and the days 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.

(Prior code § 5-1.116)