Oceanside Municipal Code Art. II Impoundment Generally

There is hereby created and established a city pound, for the purpose of impounding estrays and animals running at large.

(Ord. Code, § 4337)

The city pound shall be maintained within the city and be situated at such place or places as shall be designated by resolution of the city council.

(Ord. Code, § 4338)

State humane officers, the chief of police, peace officers, and health officers shall have the right to impound, take or seize any animal under the following circumstances:

(a) Whenever any dog, licensed or unlicensed, domestic animal, and/or wild animal (as defined in sections 4.2 and 4.6.1 of this chapter) is found running at large in violation of section 4.14 of this chapter if:

(1) The animal has not returned to the private property of its owner or custodian; or

(2) The animal has returned to the private property of its owner or custodian but the owner or custodian is not at home.

(b) Whenever the animal has, or is suspected of having, rabies or hydrophobia.

(c) Whenever a dog has been declared vicious pursuant to Division 4, Article III, of this chapter [section 4.28 et seq.].

(d) Whenever any exotic animal (as defined in section 4.6.1 of this chapter) creates a public disturbance or is a danger to public health and safety, as determined by a state humane officer.

(Ord. Code, § 4332; Ord. No. 86-15, § 1.B.1, 5-28-86)

(a) Whenever any animal is impounded pursuant to section 4.9(a) of this article, the impounding official shall give notice of such seizure and taking within twenty-four (24) hours of the impounding to the owner or person in legal custody or control, if the address of such person is known. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the dog, and 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 a right to control the dog.

(b) Any animal impounded pursuant to section 4.9(a) of this article shall be released to the owner or person having legal custody or control if the owner or custodian calls for and claims the animal within ninety-six (96) hours of its impoundment, and upon payment of impound fees imposed pursuant to section 4.11 of this article. If an impounded dog is unlicensed, the person seeking to claim the dog must also pay the license fee, in addition to the payment of impound fees.

(c) If any impounded animal is not claimed by and released to its owner or custodian on or before the expiration of the ninety-six (96) hours, the animal shall become the property of the Oceanside Humane Society and be placed for adoption or destroyed.

(d) Any dog impounded pursuant to section 4.9(b) of this article and found to be afflicted with rabies or hydrophobia shall be destroyed forthwith by the Oceanside Humane Society.

(Ord. No. 86-15, § 1.B.2, 5-28-86)

If for twenty-four (24) hours after impoundment any person owning or claiming to own such animal shall fail to pay to the poundmaster the fees and charges imposed by section 4.11, and to remove the animal from the public pound, the poundmaster shall, after giving five (5) days' public notice in writing, stating that he will expose and offer such animal for sale at public auction to the highest bidder for cash, posted in the following three (3) places in the city:

One at the entrance of the city pound.

One on the bulletin board at the entrance of the City Hall.

One on the bulletin board at the entrance of the city police court.

(Ord. Code, § 4333)

The city council shall establish by resolution charges and fees for the impoundment of animals pursuant to this chapter. All such charges and fees are hereby made a lawful charge against the owner of animals impounded, and shall be a lien upon the animals for payment thereof.

(Ord. Code, §§ 4334, 4335; Ord. No. 69-42, § 1, 9-24-70; Ord. No. 70-29, § 1, 8-26-70; Ord. No. 71-41, § 1, 10-27-71; Ord. No. 74-47, § 1, 9-11-74; Ord. No. 75-32, §§ 1, 2, 10-23-75; Ord. No. 78-45, § 1, 11-22-78)

The proceeds of the sale as provided in section 4.10 shall first be applied to the payment of fees and costs due the city incurred in the impounding, keeping and sale of the animal, and shall be deposited by the poundmaster with the city treasurer to be credited to the general fund, and the balance of the proceeds, if any, shall be deposited by the poundmaster with the city treasurer for the benefit and to the credit of the owner thereof.

(Ord. Code, § 4336)