Los Banos Municipal Code Art. 6 Impoundment and Quarantine of Animals

(a) Any animal may be taken up and impounded if, to the knowledge of the Animal Control Officer, any Public Safety Officer, or any Code Enforcement Officer any of the following conditions exist:

(1) The animal is engaged in behavior or existing in a condition prohibited by this chapter;

(2) Where impoundment is authorized by this chapter.

(3) The animal is, or will be, without proper care due to the injury, illness, death, incarceration, or other involuntary absence of the owner or person responsible for the care of such animal; or

(4) The animal is required to be quarantined.

(b) Impoundment on Private Property. An animal which has become subject to impoundment while off the property of its owner or custodian and has returned to the same shall not be impounded if the owner or custodian is present to accept a citation for the offense, unless, except as provided in Section 53074 of the California Government Code, a clear and present danger to public safety exists by virtue of the animal remaining upon the property.

(c) Notice of Impoundment. When an animal implanted with a microchip or wearing a current Los Banos license tag is impounded, the Animal Control Officer shall make a reasonable attempt within 24 hours of impoundment to notify the owner or custodian of record in person, by telephone, or mail of the date and place of impoundment or removal.

(§ 2, Ord. 1153, eff. May 19, 2017)

(a) All impounded animals shall be kept in the animal shelter or other authorized place of impoundment for the period as described in Sections 31108, 31752 and 31753 of the Food and Agricultural Code or applicable State law as amended from time to time.

(b) During this holding period and prior to adoption or euthanasia, the animal will be scanned for a microchip, license tag, tattoo or other form of identification. If one is found and the owner can be determined, a reasonable effort must be made to contact the owner of the animal.

(c) Except as set forth herein or by State law, any stray dog or cat that is impounded pursuant to this chapter shall, prior to the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal.

(1) Excepting stray animals experiencing irremediable suffering from a serious illness or severe injury, or needing maternal care;

(2) Excepting stray animals that at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested signs of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet; or

(3) Excepting stray animals that have manifested signs of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal's health in the future.

(d) If an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752 of the Food and Agriculture Code. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered.

(§ 2, Ord. 1153, eff. May 19, 2017)

(a) The owner or custodian of any animal impounded may, at any time before the expiration of the period of impoundment, redeem the animal. An owner who redeems an animal shall be subject to all applicable fees as set forth by resolution of the City Council for each animal redeemed or as otherwise as provided for in this chapter. Except as otherwise provided in this chapter, an impounded animal which is not redeemed within the specified holding period, whether due to a failure to satisfy monetary obligations or otherwise, shall be considered to be abandoned by its owner and shall become the property of the City. Such animal may be disposed of as provided in this chapter. Abandonment does not relieve the owner's obligation to pay all fees related to the impounding and keeping of the animal.

(b) If the impounded animal is not currently vaccinated against rabies as required by law, the subject animal must be vaccinated against rabies by a California licensed veterinarian prior to redemption and the cost of the vaccination and any other costs accrued accomplishing the vaccination, including additional impoundment fees, must be satisfied before the animal is released or as otherwise directed by the Animal Control Services Unit.

(c) The refusal or failure of the owner or custodian of any impounded animal to pay the fees and charges after due notification shall be held to be an abandonment of the animal by the owner or custodian. Any person so abandoning their animal shall be subject to an administrative citation and fine as set by resolution of the City Council and or a misdemeanor.

(d) All animals that have been impounded for biting or having been deemed potentially dangerous or vicious as outlined in Article 8 of this chapter must be implanted with a microchip at the owners or custodian's expense prior to redemption.

(e) Upon the third impound within a 12 month period, any dog or cat so impounded must be spayed or neutered at the owner's or custodian's expense prior to redemption. If the owner or custodian can prove to the Animal Control Services Unit that the animal is a valuable breeding animal and currently registered with a national organization such as the American Kennel Club and such sterilization would devalue the animal, this requirement may be waived.

(§ 2, Ord. 1153, eff. May 19, 2017)

(a) An owner may voluntarily surrender his or her animal to the Animal Shelter for placement for adoption or other disposition. Any animal that is voluntarily surrendered to or deposited with the Animal Shelter by the owner shall immediately thereafter become the property of the City. It shall be understood that no guarantee of placement will be made, and humane disposal will be at the discretion of the Animal Control Services Unit.

(b) Upon surrender of the animal to the Animal Shelter, the owner or custodian must present sufficient identification such as driver's license, California identification card, and shall sign a statement that he or she is the lawful owner of the animal.

(c) Any owner of an animal who voluntarily surrenders an animal to the Animal Shelter shall be subject to all applicable fees as set forth by resolution of the City Council for each animal surrendered or otherwise as provided for in this chapter.

(d) The surrender of an animal by an owner to the Animal Shelter, subsequent to impoundment for a violation of this chapter or any provisions of State law, shall not relieve the owner of the obligation to pay such fees or charges as set forth in this chapter incurred prior to such surrender.

(e) If the animal surrendered has a history of vicious or potentially dangerous behavior, it may be immediately euthanized in accordance with Section 31108.5 of the Food and Agriculture Code.

(f) Any animal relinquished by the purported owner that is of a species impounded by the Animal Shelter including rabbits, guinea pigs, hamsters, potbellied pigs, birds, lizards, snakes, turtles, or tortoises shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31752 of the Food and Agriculture Code, and shall be available for owner redemption or adoption for the entire holding period. Notwithstanding the foregoing, kittens or puppies relinquished by the purported owner, or brought in by any other person with authority to relinquish them, to public or private shelters, may be available immediately for adoption.

(§ 2, Ord. 1153, eff. May 19, 2017)

(a) Except as otherwise provided in this chapter, an impounded animal which is not redeemed within the applicable holding period specified in this chapter or an animal voluntarily surrendered to the Animal Control Officer for adoption, except an animal that has been impounded for quarantine or is known to have bitten a human or to have demonstrated potentially dangerous or vicious propensities, may, at the discretion of the Animal Control Officer, be sold, adopted, or may be destroyed.

(b) No dog or cat shall be made available for adoption unless the dog or cat is spayed or neutered in accordance with California Food and Agricultural Code Sections 30503 and 31751.3 or is otherwise exempt pursuant to this subsection or State law. The dog or cat must be at least eight weeks of age and not dependent on maternal care.

(1) If a veterinarian licensed to practice veterinary medicine in this state certifies that the dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered, the animal shelter will hold the surgical fees paid as a spay neuter deposit. The Animal Control Services Unit shall establish the amount of the deposit at the level he or she determines is necessary to encourage the spaying or neutering of the dogs or cats. The deposit shall be temporary, and shall only be retained until the dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. The dog or cat shall be spayed or neutered within 14 business days of that certification. The contract veterinarian will send proof of the surgical sterilization to the animal shelter with an invoice for the surgery within 30 business days. The deposit will be paid directly to that adopter upon receipt of the certification or forfeited if no certification is received within the time set forth herein.

(2) Failure to spay or neuter the cat or dog as required, is a misdemeanor. A citation will be issued to the adopter in addition to forfeiture of the spay or neuter deposit. The animal must be returned to the animal shelter or Animal Control Officer upon demand. The adopter may also be subject to Civil Penalties as indicated in Sections 30522 and 30523 of the Food and Agriculture Code.

(3) The Animal Control Services Unit, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section.

(c) When an animal is sold or adopted, the receipt issued by the Animal Control Officer shall be valid title to the purchaser.

(d) Except as set forth herein or by State law, any stray dog or cat that is impounded pursuant to this chapter shall, prior to the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal.

(1) Excepting stray animals experiencing irremediable suffering from a serious illness or severe injury, or needing maternal care;

(2) Excepting stray animals that at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested signs of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet; or

(3) Excepting stray animals that have manifested signs of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal's health in the future.

(§ 2, Ord. 1153, eff. May 19, 2017)

(a) The Animal Control Officer shall ensure that all animals falling into the following categories shall be isolated or quarantined or destroyed and a rabies specimen taken at the animal shelter or at such other place and under such conditions as are prescribed by the health officer or authorized according to other applicable California State laws and regulations:

(1) Known rabid animals;

(2) Suspected rabid animals;

(3) Animals that have bitten or otherwise exposed a human to rabies; and

(4) Animals of a species subject to rabies, which have been bitten by a known rabid or suspected rabid animal or have been in intimate contact with a known rabid or suspected rabid animal.

(b) In circumstances where the bite or exposure to rabies occurred while the victim was on the property of the owner or custodian of the animal or when the victim is a member of the family or household of the owner or custodian, and when the animal is currently vaccinated against rabies and, as applicable, licensed as required by the provisions of this chapter, the animal may, at the discretion of the Animal Control Officer, be quarantined on the property of the owner provided the following:

(1) The owner of said animal can and does agree to ensure its confinement and isolation for the period of quarantine;

(2) The owner agrees, upon demand of the health officer or the Animal Control Officer during the period of quarantine, to surrender the animal to the Animal Control Officer;

(3) The owner agrees to immediately notify the Animal Control Officer if the animal escapes, becomes ill, or dies.

(c) It is unlawful for the owner or keeper of an animal to violate any of the conditions of isolation or quarantine prescribed by the health officer. Any violation of this section is a misdemeanor.

(d) Notwithstanding any other provision of this chapter, the owner of any animal which is required by law to be vaccinated for rabies and which has not been so vaccinated and which bites or wounds any person or other animal shall be subject to an administrative fine established by resolution of the City Council.

(e) Upon the death of any known rabid animal, suspected rabid animal, or animal which has bitten or otherwise exposed a human or other animal to rabies, the Animal Control Officer shall obtain and hold for the local health officer the carcass of the animal or an adequate specimen thereof, except that the Animal Control Officer is not responsible for the gathering of a specimen from the carcass of an animal.

(f) The local health officer may determine and declare that a rabies epidemic or other unusually dangerous health situation exists among dogs or other animals in the county, or in any part thereof. Upon making of such a declaration, the local health officer shall prepare and promulgate such rules and regulations as are necessary for the conduct of all persons within the area where the dangerous condition exists, and the dogs and other animals within the area. These rules and regulations of the local health officer may include, but are not limited to, quarantine, vaccination and destruction of diseased or suspected rabid or stray animals by humane methods. Such rules and regulations shall be effective when filed with the City Clerk. It shall be the duty of the Animal Control Officer to comply with all directives of the local health officer in the enforcement of the rules and regulations. A violation of any such rules and regulations shall be deemed a violation of this chapter.

(§ 2, Ord. 1153, eff. May 19, 2017)