Los Gatos Municipal Code Art. III Impoundment of Animals

(a) An impoundment fee shall be charged to the owner of the animal impounded, in an amount fixed by resolution of the Town Council.

(b) In addition, a fee for keeping an impounded animal shall be charged in an amount sufficient to defray the costs of keeping the animal, as determined by the Town Manager.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

The Town Manager or animal control officer may permit an owner or other person entitled to custody of an impounded animal to redeem the animal. No animal may be redeemed without payment of the fees for impounding and keeping the animal, and without compliance with the licensing provision of this chapter. The Town Manager may waive the cost of impoundment and boarding only for the first impoundment of the animal and if there is no prior violation of any offense involving state, county or city animal control laws, in cases of hardship, based on a proven inability to meet ongoing family expenses for the necessities of living including, but not limited to, food, clothing and shelter.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

The animal control officer will give notice of impoundment to the owner of every animal impounded, if the owner is known, by either posting a written notice of the impound in a conspicuous place at the owner's residence, or personally delivering the notice to the owner on the day of the impound. The notice shall advise the owner that the animal may be forfeited unless the owner contacts the Animal Control Agency within the state mandated holding period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended. The notice shall set forth a telephone number to contact the Animal Control Agency.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18; Ord. No. 2320, § III, 9-7-21)

(a) No animal may be disposed of until the expiration of the state mandated holding period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended. exclusive of the day of impoundment and the days that 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 of California or by other authorized personnel to be diseased or injured to the extent that emergency veterinary care will not alleviate intense suffering will be destroyed in accordance with all state and county humane laws as soon as possible.

(c) Any unsterilized dog or cat impounded twice or more from the same owner within the lifetime of the animal shall be sterilized at the owner's expense prior to redemption. At the option of the owner, a private veterinarian may perform the required spaying or neutering. The impounding agency may require that transportation to a private veterinarian be performed by the impounding agency. The owner may request a hearing within three (3) days of the impoundment on the topic of sterilization, using the same procedure as set forth in section 4.30.030(c)—(e).

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

The animal owner/guardian and person with a right to control the animal has a duty to inquire with the administrator to learn if the animal has been impounded whenever the animal is known to have been missing from the property of the animal owner/guardian or person with a right to control the animal for more than two (2) hours and neither the animal owner/guardian nor the person with a right to control the animal has received a notice pursuant to section 4.30.015.

(Ord. No. 2276, § 1, 9-18-18)

(a) Except as provided in section 4.10.025, an animal control officer may seize and impound an animal for violation of any provision of this chapter or state law 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:

(1) To protect health, safety and property; or

(2) To protect an animal that is injured, sick, or starving and should be cared for.

(b) Even when the person owning or having the right to control any animal is present, an animal control officer may seize or impound any animal that the officer reasonably believes to be infected with disease transmittable to humans, potentially dangerous, dangerous, or vicious so as to be a threat to public health, safety or property. Such seizure or impoundment may be made even though the animal is confined at the time of the seizure or impoundment.

(c) If the owner or person with the right to control the animal wishes to challenge the seizure or impoundment, the owner or person with the right to control the animal shall so advise the Town Manager, in writing, within seventy-two (72) hours after the seizure or impoundment.

(d) The Town Manager will promptly set the time and place for the hearing and will cause notice of such hearing to be mailed to the requesting party no later than five (5) days before the hearing.

(e) The hearing will be conducted as set forth in section 4.30.040.

(f) Potentially dangerous, dangerous, or vicious dog designations are subject to the hearing procedure of sections 4.30.035—4.30.045.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18; Ord. No. 2320, § III, 9-7-21)

(a) Any owner of an animal who objects to the seizure or impound of the animal may challenge the seizure or impound by advising the Town Manager in writing, within seventy-two (72) hours after the seizure or impoundment and request an appeal hearing. Notice must be made to the Town Manager, not to the animal control officer.

(b) Any owner of an animal who is dissatisfied with the determination by the Town Manager or Animal control officer of whether the animal poses a threat to health and safety, or who objects to the conditions of care and keeping or designation of the animal imposed by the Town Manager or animal control officer may appeal such determination in writing within seventy-two hours (72) of the seizure or imposing of conditions or designation to the Town Manager.

(c) The Town Manager shall set a time and place for the hearing and shall cause notice of the hearing to be given to the owner at least five (5) days before the date of the hearing. If that notice is given by mail, five (5) days will be added to the notice period. If the animal is impounded, the hearing before the Town Manager or designee will be set no more than fifteen (15) calendar days from the date the request for a hearing is received by the Town. If the animal is not impounded, the hearing before the Town Manager or hearing officer designee will be set no later than sixty (60) days from the date the request for a hearing is received by the Town. Hearing dates can be continued for good cause. Costs of impound, if any, will continue to accrue. Hearings will be conducted in conformance with sections 4.30.040—4.30.045.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a) At the appeal hearing, the petitioner and the Town may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence shall not apply. Any relevant evidence may be admitted as determined by the hearing officer if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(b) After submission of all the evidence, and not more than fifteen (15) calendar days after the hearing, the Town Manager or hearing officer designee may order the animal released without conditions, may designate the animal potentially dangerous or dangerous, or vicious, may order release with conditions, may order the animal destroyed, or may make other orders as the Town Manager determines appropriate to fulfill the needs of the animal and the health and safety of the public based on the weight of the evidence. The decision of the Town Manager shall be final. Any release conditions imposed by the Town Manager, which may include but shall not be limited to spaying and neutering, shall be solely in the interest of protecting public health, safety, and property. The owner or keeper of the animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail.

(c) The Town Manager or hearing officer designee may assess administrative costs incurred by the Town in connection with the appeal against the animal owner in the Town Manager's or hearing officer designee's discretion.

(d) Any person aggrieved by the decision of the Town Manager or the hearing officer designee may obtain review of the administrative decision by filing a petition for review with the Superior Court in Santa Clara County in accordance with the timelines and provisions set forth in California Government Code section 53069.4.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18; Ord. No. 2320, § III, 9-7-21)

Any person who fails to appeal any seizure or impoundment by the Town Manager or animal control officer under this chapter within seventy-two (72) hours from impoundment as specified in section 4.30.030 shall forfeit all rights of ownership and control of the animal. All rights of ownership and control shall be transferred to the Town. Final disposition of the animal shall be determined in accordance with the provisions of this chapter and state law. Failure to appeal any determination of conditions of keeping or designation by the Town Manager or animal control officer under this chapter within seventy-two (72) hours of notice of those determinations or designations being served shall constitute a failure to exhaust administrative remedies and result in those determinations or designations being final.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a) Any person adopting an unspayed or unneutered dog or cat from any humane society animal shelter, public pound or society for the prevention of cruelty to animals shelter or its like in the County of Santa Clara shall have said animal spayed or neutered on or before a date specified in the adoption agreement unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question. On submission of such written statement to the person at such shelter or pound responsible for ensuring compliance with this section, the adoption agreement will be modified accordingly.

(b) As a condition for adoption, the person adopting an animal may be required to deposit with the pound or shelter an amount sufficient to cover the cost of spaying or neutering such animal by a veterinarian or spaying or altering clinic designated by the person adopting the animal. The deposit shall be forwarded to the veterinarian or clinic upon receipt by the pound or shelter of a notice from the veterinarian or clinic that the cat or dog has been spayed or neutered.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)