Morgan Hill Municipal Code Ch. 6.32 Impoundment

The animal service officer shall give notice of impoundment to the owner of every animal impounded if he is known.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 22, 5-2-2018)

A. An impoundment fee shall be charged to the owner of each animal impounded, in an amount fixed by resolution.

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 administrator.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

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

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

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

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 22, 5-2-2018)

A. No animal may be disposed of until ninety-six hours have elapsed from the date of impoundment, 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 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.

(Ord. 1442 N.S. § 15, 1999: Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

A. Except as provided in Section 6.24.040 of this title, an animal service officer or peace officer may seize and impound an animal for violation of any provision of this title or state law prior to a hearing in any of the following situations where the officer reasonably believes it is necessary:

1. To protect public health, safety and property;

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

3. Where the owner is not present, to protect an animal from injury which has strayed onto public property or a public right-of-way.

Upon the seizure and impoundment of an animal, the authority responsible for same shall post a notice of such impoundment on the front door of the residence of the owner or person who has a right to control the animal. The notice shall state the following: that the animal has been impounded, where the animal is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the animal, and an indication of the ultimate disposition of the animal if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the animal.

B. If the owner or person who has the right to control the animal wishes to challenge the impoundment, the owner shall personally deliver or mail a written request for a hearing, such that it is received by the administrator within seventy-two hours of the seizure and impoundment.

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

D. The hearing shall be conducted as set forth in Section 6.32.080 of this chapter.

(Ord. 1209 N.S. (part), 1995: Ord. 822 N.S. § 14, 1987: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 22, 5-2-2018)

A. Except as provided in Sections 6.12.190, 6.24.040, 6.24.080 and 6.32.060 of this title, the administrator, animal service officer, or a peace 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 6.32.080 of this chapter.

B. If the owner or person who has a right to control an animal refuses to consent to an impoundment of any animal owned by such person, the animal service 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 will result in the immediate impoundment of the animal. Such failure to appear will also constitute a waiver of administrative remedies after which the person will have no further recourse regarding the impoundment order.

(Ord. 1442 N.S. § 16, 1999: Ord. 1209 N.S. (part), 1995: Ord. 822 N.S. § 15, 1987: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 22, 5-2-2018)

At the appeal hearing, petitioner and the animal service 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 petitioner shall be given written notice of the decision within fifteen days of the hearing. The administrator shall order the animal released without conditions, released with conditions, shall designate the animal vicious, dangerous and/or potentially dangerous Level 1, 2 or 3 and order release with conditions, or as for dogs designated Level 3 shall order the animal destroyed. The decision of the administrator shall be final and shall be supported by the weight of the evidence. Any release conditions imposed by the administrator shall be solely in the interest of protecting public health, safety and property and may include the obligation to inform, along with animal control, any city, county, postal, service utility company, employee, meter reader, and anyone else that comes on the property with implied consent or peaceably and lawfully of the animal's dangerousness.

(Ord. 1838 N.S. § 1 (part), 2007: Ord. 1209 N.S. (part), 1995: Ord. 822 N.S. § 16, 1987: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 22, 5-2-2018)

Any person who fails to appeal any seizure or impoundment by the animal service officer under this title within seventy-two hours from impoundment as specified in Section 6.32.050 of this chapter will forfeit all rights of ownership and control of the animal. All rights of ownership and control shall be transferred to the city. Final disposition of the animal shall be determined by the administrator in accordance with the provisions of this title and state law.

(Ord. 1442 N.S. § 17, 1999: Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 22, 5-2-2018)

Any unsterilized dog impounded more than twice from the same owner 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.

(Ord. 1518 N.S. § 3, 2001)

Any owner of an impounded animal subject to mandatory sterilization may petition, in writing, for a hearing to be conducted by the animal control program manager or his/her designee within seven days following notice of the second impoundment. The hearing shall be for purposes of determining the mandatory sterilization issue only, and not for any other purpose under this Title. The hearing shall be held within seven days of receipt of such petition. After the hearing, the hearing officer may require that the animal be spayed or neutered at the owner's expense, unless the hearing officer determines that good cause exists for not requiring that the animal be spayed or neutered. However, mandatory sterilization shall not be required if the animal was not restrained or confined due to an act of God, emergency or other mitigating factor not caused by the intentional or negligent act of the owner, a member of the owner's household or any other person in control of the animal.

(Ord. 1518 N.S. § 4, 2001)