Monterey County Municipal Code Ch. 8.28 Impoundment

It shall be the duty of the Animal Control Officer to, and any peace officer may, seize and impound any dog found at-large in violation of this Title within the unincorporated area of the County of Monterey. Any person may impound a stray dog provided such persons has reasonable cause to believe that said dog's health, safety or well being is endangered and the person files a report about said animal with the Monterey County Animal Control Program within twenty-four (24) hours of said impoundment.

(Ord. 3629, 1992)

Notwithstanding the provisions of Section 8.28.010, the Animal Control Officer or any peace officer shall not seize or impound for an at-large dog that has strayed from, but has subsequently returned to the private property of its owner or the person who has right to control the dog, but in such case a citation may be issued; provided, however, that if in such situation the owner or person who has the right to control the dog is not at home, the dog may be impounded, but the Animal Control Officer or peace officer shall post a notice of such impounding on the front door of the living unit of the owner or person who has right to control the dog. Such notice shall state the following:

1. That the dog has been impounded;

2. Where the dog is being held;

3. The name, address, and telephone number of the agency or person to be contacted regarding release of the dog;

4. 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 right to control the dog.

(Ord. 3629, 1992)

A. All dogs or other animals not reclaimed or redeemed within seventy-two (72) hours after notice is given in accordance with Subsection C of this Section may be destroyed in a humane manner by the Animal Control Officer or his or her designee; or the Animal Control Officer or his or her designee may, after the dog or other animal is impounded for seventy-two (72) hours after notice is given in accordance with Subsection C of this Section, place the same with some responsible person and convey a good and valid title thereto.

B. The Animal Control Officer or the designee of the Animal Control Officer may not sell, give away or otherwise transfer title to any dog, cat, or any other animal to any person or institution for use in the diagnosis or treatment of human or animal disease, or in research for the advancement of veterinary, dental, medical, or biological sciences or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs.

C. The seventy-two (72) hour period provided for in Subsection A of this Section shall commence on impoundment of an animal not bearing a license tag or chip implant. If an animal bears a license tag or chip implant and is currently licensed, the seventy-two (72) hour period shall commence when notice is deemed complete. Service of notice of impoundment must be made by proof of service by mail to the owner at the address given on his or her application for license, pursuant to Code of Civil Procedure 1013. Notice is deemed complete on the 5th day after mailing. Provided, however, that if the dog or other animal is seriously injured or ill, the Animal Control Officer or his or her designee may, with the consent of a licensed veterinarian, and to prevent further suffering, destroy the dog or other animal prior to the expiration of the seventy-two (72) hour period.

D. Actual notice by shelter or field personnel to the owner by telephone or in person shall be deemed complete when notice is actually given. Upon such notice, the seventy-two (72) hour period shall commence. This applies to animals whether licensed and tagged or not.

(Ord. 3629, 1992)

All persons utilizing the services of the Animal Control Officer, the County Animal Shelter, or any animal shelter established by the Animal Control Officer, shall pay such fees and charges, including impound fees, redemption fees, and maintenance charges, as the Board of Supervisors may establish by resolution.

(Ord. 3629, 1992)

A. No unclaimed dog or cat shall be released for adoption without being sterilized or without written agreement for the adopter guaranteeing that such animal will be sterilized within thirty (30) days for adults and at a specified date in the contact for puppies and kittens.

B. For each dog or cat placed for adoption by the County, the Animal Control Officer or his or her designee shall collect a refundable fee, in an amount as specified by the Board of Supervisors by resolution, for the purpose of contributing to the sterilization of such adopted dogs or cats. The fee shall be refunded if the cat or dog and certificate are returned and surrendered to the animal shelter within fourteen (14) calendar days; provided further that the person paying the refundable fee shall be given a certificate, which when endorsed by a licensed veterinarian showing the unsexing of said cat or dog within six months of the date of the certificate so endorsed, to payment of the fee by the County of Monterey.

(Ord. 3629, 1992)