Chapter 6.16 — SEIZURE AND IMPOUNDMENT OF ANIMALS

Any animal services officer may seize and impound an animal found running at large or otherwise in violation of the provisions of this chapter. The animal services officer is specifically authorized to seize and impound an animal required to be but not licensed under this chapter and a menacing animal in violation of an order from an animal services officer.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

If upon investigation an animal services officer determines that there is probable cause to believe that an animal is vicious or otherwise poses an immediate threat to public safety, the animal services officer may seize and impound the animal pending administrative hearings or court proceedings held to determine disposition of the animal pursuant to this chapter. Animals impounded pursuant to this section may, if the

city manager determines it is not contrary to public safety, be confined at the owner's expense in a kennel or veterinarian facility approved by the city manager.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Upon discovery of a sick, injured or mistreated animal, the animal services officer may seize and impound such animal in accordance with the provisions of California Penal Code Section 597.1.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

The owner of private property, or his representative, may take up and detain any animal found trespassing upon such private property. Any person taking up and detaining any animal pursuant to the provisions of this section shall immediately notify an animal services officer of the address where the animal is detained and shall turn the animal over to the animal services officer upon demand for impounding.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Upon receiving any animal, the animal services officer shall make a complete registry, entering the breed, color, and sex of such animal and whether or not the animal is licensed. If the animal is licensed, the animal services officer shall enter the name and address of the owner and the number of the license tag. In addition to the foregoing, the animal services officer shall make a record of any other information required by state law and maintain those records for the required time period.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Animal services shall implant each dog or cat impounded at the animal shelter, not previously microchipped, with a microchip identification device. The owner of such dog or cat shall be obligated to pay for the cost associated with the implantation of the microchip identification device as part of the impound fee. It shall be the owner's responsibility to have correct and current information registered with the microchip company at all times.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Within a reasonable time consistent with the purposes of this chapter and state law, after the impounding of any animal, the owner if known, shall be notified of the time and place of the seizure either in person, by telephone, or by United States mail. If the owner of the animal is unknown, written notice shall be posted for not less than four consecutive days in a conspicuous place outside the animal shelter.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

The owner of any animal, other than a potentially dangerous or vicious animal, a sick, injured or mistreated animal, or an animal prohibited in the city, may reclaim and redeem such animal upon:

Satisfactory proof of ownership;

Payment of the costs and expenses incurred by the city for impounding and maintaining such animal, including the payment of costs and expenses incurred by the city for implanting a microchip;

Payment of a deposit for the animal not being spayed or neutered as required by this chapter;

Payment of any fees or penalties provided for in this chapter;

Payment of a redemption fee;

Payment of any previously incurred fees, penalties, and sustained administrative citation fines under this chapter relating to the impounded animal;

For animals at large, proof satisfactory to the city manager that the animal will be securely confined and adequately cared for; and

For menacing animals, proof satisfactory to the city manager that the owner will comply with the orders of the city manager.

B.

Redemption shall be conditioned upon:

The acquisition of any required license and the payment of any license fees not yet paid within the required time period;

The payment of any sustained administrative citation penalties if an administrative citation is issued by the city for a violation of this chapter which led to the impoundment;

If the owner of a redeemed animal fails to timely acquire a required license and pay any license fees, or pay administrative citation fines, the redeemed animal may be impounded by any animal services officer for an additional redemption period.

C.

The license fee, the costs and expenses for impounding and maintaining the animal, the microchip fee, the redemption fee, and any penalties shall be in an amount established in the city's fee schedule or by separate resolution. The penalties and deposit for not having an animal spayed or neutered shall be as provided for in the city's fee schedule, by resolution, or state law as applicable. The penalties for administrative citations shall be those set forth in the citation.

D.

An animal impounded as potentially dangerous or vicious shall be subject to disposition as provided for in Chapter 6.24 through 6.1.608 of this title. Animals impounded as sick, injured or mistreated animals, shall be subject to disposition as provided for in Penal Code Section 597.1.

E.

Notwithstanding satisfaction of the requirements for redemption, the city manager, at his/her discretion, may refuse to permit the redemption of any animal impounded pursuant to the provisions of this chapter, or any other municipal, county or state law, until in his/her opinion the need for the retention of such animal no longer exists.

The city manager shall document in writing the need for the retention of an animal under this subsection and notify the owner of his/her right to contest that determination by filing a written request for a hearing within two working days of receipt of the determination. If the owner requests a hearing, the city manager shall schedule a hearing before a hearing officer appointed by the city manager. The hearing shall be held within five working days. The hearing shall be conducted in accordance with the procedures set forth in Section 6.24.030 of this chapter. The hearing officer's decision shall be final.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

Dogs and cats. All impounded dogs and cats shall, unless sooner redeemed, be kept in the animal shelter for the period of time required by state law, as may be amended from time to time.

B.

Farm animals. Any impounded farm animals shall, unless sooner redeemed, be kept in the animal shelter for the period of time required by state law, as may be amended from time to time, and in accordance with State requirements for impounding farm animals.

C.

Other animals. Any other impounded animal shall, unless sooner redeemed or adopted, be kept in the animal shelter for the period of time required by state law, as may be amended from time to time and if no time is provided for not less than four business days.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Except as otherwise provided in this chapter, an impounded animal which is not redeemed within the specified holding period, whether due to a failure to satisfy monetary obligations or otherwise, shall be considered to be abandoned by its owner and shall become the property of the city. Such animal may be adopted or euthanized. Abandonment does not relieve the owner's obligation to pay all fees related to the impounding and keeping of the animal.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

Upon request, an owner may surrender his/her animal to the animal shelter for placement for adoption or other disposition. Any animal that is voluntarily surrendered to or deposited with the animal shelter by the owner shall immediately thereafter become the property of the city. It shall be understood that no guarantee of placement will be made, and humane disposal will be at the discretion of the city manager.

B.

Any owner of an animal who voluntarily surrenders an animal to the animal shelter shall be subject to a fee as set forth in the city's fee schedule or by separate resolution for each animal.

C.

The surrender of an animal by an owner to the animal shelter, subsequent to impoundment for a violation of this chapter or any provisions of state law, shall not relieve the owner of the obligation to pay such charges as set forth in this chapter incurred prior to such surrender, plus accumulated boarding charges, veterinary charges or any other charges related to the impounding and keeping of the animal.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

No person shall remove any animals from the custody of an animal services officer, from the animal shelter, or from a city holding facility or vehicle without permission from an animal services officer.

(Ord. No. 370, §§ 1, 2, 3-11-2015)