National City Municipal Code Ch. 8.04 Animal Control and Impoundment—generally

* Prior ordinance history: Ords. 828 §§ 1-4 and 1476.

It is the purpose and intent of the city council to provide for the administration of animal control services, to maintain public health through the restrictions on keeping certain animal species with their attendant diseases and zoonotic conditions, including exotic Newcastle disease, avian flu and West Nile virus, and to supplement the provisions of the humane laws contained in the Food and Agricultural Code, the Penal Code and the various miscellaneous laws of the state of California respecting animal control in this title within the city limits.

(Ord. 2245 § 2 (part), 2004; Ord. 2171 § 2 (part), 2000)

A. The city manager, through the chief of police, is authorized to maintain field services and maintain or contract for an animal shelter and related animal control services, subject to city council approval. Within this chapter, the term "animal control officer" shall also include personnel of a contracting agency, as the context may require.

B. Persons designated animal control officers by the chief of police, and employees of a contracting agency, are authorized to impound stray animals and any animal whose possession, care or custody is in violation of state law or this title, and effect quarantines in accordance with statutory quarantine procedures. Animal control officers and qualified employees of a contracting agency shall exercise all powers and authority conferred by the penal code, and investigate and enforce the provisions of state law and this code. Animal control officers and qualified employees of a contracting agency are authorized to euthanize animals in a humane manner when necessary for public health or safety or the well being of the animal in accordance with state law. Animal control officers are authorized to carry firearms in the discharge of their duties in accordance with state humane laws.

Notwithstanding the foregoing, animal control officers shall not seize or impound a dog for violation of the restraint requirements of this code when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession.

C. It is unlawful and a misdemeanor for any person to interfere with or obstruct an animal control officer in the performance of his or her duties. Obstruction includes rescuing or attempting to rescue an animal during impoundment procedures.

D. An animal control officer is authorized to arrest any person without a warrant for any crime pertaining to the humane laws and animal control committed in their presence, and to issue citations for all violations of law he or she is responsible for administering or enforcing.

E. An animal control officer may issue administrative citations pursuant to Chapter 1.44 of this code in lieu of a criminal citation to any person violating a provision of this title without the requirement for the prior issuance of a notice of violation for a first violation.

F. Violations of this title are infractions, except when designated as a misdemeanor.

(Ord. 2196 § 1 (part); Ord. 2171 § 2 (part), 2000)

Within this title, the following definitions apply:

A. "Animal" means any dumb creature, including but not limited to any non-human biped or any quadruped, reptile, amphibian or bird. It includes a "large animal," "large bird" or a dog or cat.

B. "Assistance animal" means any animal trained for and used by a disabled person to assist that person in dealing with his or her disability. It includes an "assistance dog."

C. "Assistance dog" means any service dog, guide dog, signal dog or other dog trained and used by and licensed to a disabled person to assist that person in dealing with his or her disability. Assistance dogs are also described in Food and Agricultural Code Section 30580. It shall also include a dog being trained for such service.

D. "At large" or "run at large" means to be untethered, unleashed or not confined to the limits of the owner's or handler's property by a fence or enclosure capable of containment or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal.

E. "Cat" means only a domesticated feline (felis domesticus) of either sex. It specifically excludes any feral cat, wildcat, leopard, puma, ocelot, lion, tiger, jaguar or any other feline considered ferae naturae regardless of its actual or alleged state of domesticity.

F. "Dog" means only a canine (canis familiaris) of either sex. It specifically excludes a wolf (lupine), fox (canid), coyote (canis la trans) or any canine hybrid.

G. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal.

H. "Large animal" means any animal other than a dog or cat that attains a body weight at maturity that exceeds twenty-five pounds. It includes, without limitation: horse, mule, donkey, burro, jackass, pony, oxen, cattle (bull, cow or calf), hog, pigs (including potbelly pigs), sheep, goats, any non-human primate (monkey, chimpanzee, ape, simian, etc.), llama, alpaca, dromedary.

I. "Large bird" means any emu, cassowary, ostrich; any turkey, flightless fowl or any other avian exceeding three pounds in weight; or any raptor (hawk, owl, falcon, etc.).

J. "Leash" means a cord or strap of leather, canvas or other strong, non-elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand.

K. "Not on a leash". See "unleashed."

L. "Owner" means a person or entity that has legal title to or the right to dispose of or euthanize an animal. The term may include any person who exercises apparent control or dominion over an animal to the exclusion of the rights or interest of others, even if there is no documentation establishing a legally protected or protectible property right of that person in that animal. When the owner is a corporation or business entity, the acts, liability or omissions of its officers, agents or employees regarding the care, maintenance or control of an animal shall also be imputed to the corporation or business entity in addition to the liability of the individual responsible for the act or omission.

M. "Rooster" means a male chicken regardless of age.

N. "Run at large". See "at large."

O. "Small animal" or "small bird" means any animal or bird that is not a large animal or large bird.

P. "Stray" means the same as "at large".

Q. "Unleashed" or "not on a leash" means that a dog or other animal is not attached to one end of a leash the other end of which is neither fastened to a stationary object nor held by a person who possesses the physical ability to restrain the dog or animal. It shall be rebuttably presumed that any person weighing less than the weight of the dog or animal being restrained does not possess the physical ability to restrain it.

(Ord. 2245 § 2 (part), 2004; Ord. 2196 § 1 (part); Ord. 2171 § 2 (part), 2000)

Impounded animals shall be handled and returned or disposed of as follows:

A. The animal control officer shall make reasonable efforts to notify the owner of any dog or animal bearing a license tag or indicia from which ownership can be readily determined. Notification and all pre-seizure or post-seizure impound hearings shall be provided in accordance with applicable provisions of Government Code Section 53074, Penal Code Section 597.1, and subsection E of this section.

B. Unless irremediably suffering from a serious illness or severe injury or being a newborn animal requiring maternal care that is impounded without its mother, animals shall be held for the period specified by state law, unless sooner claimed and delivered to the owner after satisfaction of redemption and licensing requirements and, when required by Penal Code Section 597.1, demonstration that the owner can and will provide the necessary care. An unlicensed animal may be released from impound following the satisfaction of redemption requirements, without licensing, provided the owner is issued a written notice to license the animal within twenty-one calendar days from the date of release, failure of which will subject the owner to citation. If the animal continues to remain impounded beyond the legally required holding period, the animal control officer or contracting agency may dispose of the animal pursuant to subsection D of this section.

C. Animals that are irremediably suffering from a serious illness or severe injury or newborn animals requiring maternal care that are impounded without their mother shall be euthanized and disposed of in a humane, sanitary manner in accordance with applicable humane, health and safety law. The animal control officer or contracting agency may use discretion in determining whether an animal is within the definition of this section, and may use the services of a veterinarian in making that determination. Adoptable and treatable animals may be retained for disposition pursuant to this section.

D. After the period specified by state law has elapsed following impoundment, the animal control officer or contracting agency may sell or transfer any unclaimed animal at private or public sale or auction, or release the animal to an animal rescue or adoption organization in accordance with state law. Dogs four months of age and older shall be vaccinated against rabies prior to any transfer under this section, unless exempted from such vaccination requirement by a California licensed veterinarian. Animals that cannot be reasonably transferred under this section shall be euthanized in a humane manner.

E. Upon impoundment of an animal wearing a license tag, identification listing the owner's name and address, or indicia from which ownership can be readily determined, the animal control officer shall ensure a notice is promptly posted at the owner's address of record, or mailed or personally delivered to the owner of record that the animal is in the custody of the contracting agency.

The notice shall conform to the requirements of Government Code Section 53074 and include a statement that the owner may within five calendar days from the date of service request a hearing as to the legality of the impoundment. Such request shall be in writing and must be received by the animal control officer within the specified time period.

The time during which the animal shall not be disposed of other than by return to the owner shall be extended until the conclusion of the hearing. If at the conclusion of the hearing the impoundment is found to be unjustified, the animal shall be returned to the owner without charge. If the animal is returned to the owner prior to the hearing, any fees other than vaccination or licensing fees paid by the owner to the animal control officer or contracting agency as a result of an unjustified impoundment shall be refunded to the owner.

(Ord. 2196 § 1 (part); Ord. 2171 § 2 (part), 2000)

A. Animal control officers shall charge such fees for animals under their custody and control as are established in the National City fee schedule for field operations. Impound fees and related custodial and administrative charges shall be as provided for by the National City fee schedule, or the applicable fee schedule of any public or private agency with which the city has contracted for shelter services.

B. Animal sheltering fees and cost recovery fees shall be assessed against any owner or person responsible for the care, custody or control of an animal for the city's direct or contracted costs of impoundment, capture, rescue, treatment, medication, food, disposal or euthanasia; provided, however, that the animal control officer, the city finance officer, or the contracting agency may waive cost recovery when it is not cost effective. The city finance officer and the contracting agency shall be responsible for the collection of respective fees.

(Ord. 2196 § 1 (part); Ord. 2171 § 2 (part), 2000)

Whenever the presence, care, custody or control of an animal is found to be in violation of this title, it shall be rebuttably presumed that its owner is the person responsible for the violation or payment of fees and costs upon proof of ownership being established. This presumption shall be nullified upon proof of transfer or sale by the former owner prior to the dates of violation or impoundment.

(Ord. 2171 § 2 (part), 2000)