Article III — IMPOUNDMENT

SEC. 5-85. IMPOUNDMENT OF ANIMALS AND POULTRY RUNNING AT LARGE.

The poundmaster, is hereby authorized and empowered to take up and impound any animals running at large and to keep such animals confined at the pound or at such other place as the poundmaster may provide, for not less than three days. If any impounded animals are reclaimed, the poundmaster shall collect all applicable fees before delivering the same to the owner.

(`64 Code, Sec. 5-44) (Ord. No. 1212, 1948, 2388)

SEC. 5-86. NOTICE OF IMPOUNDMENT TO BE POSTED.

Notices containing a description of any animal impounded shall be posted on the bulletin board of the city clerk's office for at least three days. The poundmaster may publish notices of the impounding of any animal in an attempt to locate the owner thereof. In such event, the cost of so doing shall be added to the costs of the care of the animal.

(`64 Code, Sec. 5-45) (Ord. No. 2388)

SEC. 5-87. DISPOSITION OF UNREDEEMED ANIMALS.

At the expiration of three days, if the animal has not been redeemed, the poundmaster shall be deemed to have acquired jurisdiction over the animal, and the poundmaster is hereby authorized to destroy, sell, or otherwise dispose of the same and any proceeds derived therefrom shall accrue to the city, to be deposited in the general fund.

(`64 Code, Sec. 5-46) (Ord. No. 2388)

SEC. 5-88. RESERVED.

(`64 Code, Sec. 5-46.1)

SEC. 5-89. IMPOUNDMENT OF UNLICENSED DOGS OR CATS.

Any dog or cat found without a current license tag may be taken and impounded by the poundmaster or any peace officer.

(`64 Code, Sec. 5-47) (Ord. No. 735, 762, 2388)

SEC. 5-90. RESERVED.

(`64 Code, Sec. 5-48)

SEC. 5-91. RESERVED.

(`64 Code, Sec. 5-49)

SEC. 5-92. ENFORCEMENT BY CITY EMPLOYEES.

In addition to any other persons authorized to enforce this chapter, the code enforcement employees of the city are designated as deputies of the poundmaster for the purpose of enforcement activities of the poundmaster.

(`64 Code, Sec. 5-49.1) (Ord. No. 1721, 1948, 2388)

SEC. 5-93. ENFORCEMENT AUTHORITY OF POUNDMASTER AND DEPUTIES.

The poundmaster and deputies are designated as public officers and employees and are authorized to make arrests according to Cal. Penal Code, Section 836.5, during the period and for the purpose of enforcing and carrying out the provisions of this chapter. The poundmaster and deputies are further authorized to carry and use weapons while actually engaged in the performance of their duties.

(`64 Code, Sec. 5-50) (Ord. No. 735, 1616)

SEC. 5-94. CONFINEMENT REGULATIONS.

The poundmaster may regulate the size and type of cage or other means of animal confinement and the distance from the place of confinement to adjoining property. The poundmaster may promulgate other regulations deemed necessary, to carry out the purposes of this chapter and to ensure the maintenance of humane, sanitary conditions and the safety of persons and property. A copy of the regulations shall be furnished by the poundmaster upon request. In applying the regulations to a given situation, the poundmaster shall take into consideration the type, nature, disposition and training of the animal involved.

(`64 Code, Sec. 5-50.1) (Ord. No. 1616, 2388)

SEC. 5-95. CHARGES.

The poundmaster may charge and collect fees for service rendered by the poundmaster per the current licensing schedule of rates and fees.

(`64 Code, Sec. 5-50.2) (Ord. No. 1616, 1948)

SEC. 5-96. RECORDS.

The poundmaster shall maintain accurate and detailed records of:

(A) All dogs and cats licensed, impounded or sold by the poundmaster;

(B) All animal bite cases reported to the poundmaster and the investigation of the same; and

(C) All monies received by the poundmaster, which records shall be open to inspection at all reasonable times by the police chief or designee.

(`64 Code, Sec. 5-51) (Ord. No. 735, 2388)

SEC. 5-97. INTERFERING WITH POUNDMASTER.

No person shall break open a pound, animal shelter, temporary pound or pound vehicle, or refuse to give the poundmaster the person's name, address and other identification upon the poundmaster's request when the information is required to issue a citation, or in any other manner to obstruct the poundmaster in the discharge of, or attempt to discharge, any duty of the poundmaster.

(`64 Code, Sec. 5-52) (Ord. No. 735, 1616, 1917, 2388)

SEC. 5-98. RIGHT OF ENTRY OF POUNDMASTER.

The poundmaster or any peace officer may enter upon private property, except dwellings located thereon, as follows:

(A) During daylight:

(1) When in pursuit of any animal which the poundmaster has reasonable cause to believe is subject to impoundment;

(2) To impound or place in isolation any animal thereon which the poundmaster has any cause whatsoever to believe or suspect has rabies or is a biting animal;

and

(3) To inspect or examine animals isolated thereon.

(B) At night:

(1) When in pursuit of any animal which the poundmaster has reasonable cause to believe is subject to impoundment; and

(2) To impound or place in isolation any animal thereof which the poundmaster has any cause whatsoever to believe or suspect has rabies or is a biting animal.

(`64 Code, Sec. 5-53) (Ord. No. 735, 762, 2388)

SEC. 5-99. POUNDMASTER TO TRY TO LOCATE OWNER BEFORE ENTERING PRIVATE PROPERTY.

As a condition of the authority set forth in the preceding section, except where time does not permit in an emergency or when in fresh pursuit, before entering upon private property a reasonable effort shall be made to locate the owner or possessor thereof to request permission to enter upon such property and to explain the purpose for such entry.

(`64 Code, Sec. 5-54) (Ord. No. 735, 762)

SEC. 5-100. IMPOUNDMENT OF DOGS AND CATS RUNNING AT LARGE.

The poundmaster may take up and impound any dog or cat found running at large. Such dog or cat shall be disposed of, unless redeemed, as provided in section 5- 101.

(`64 Code, Sec. 5-55) (Ord. No. 735, 2388)

SEC. 5-101. CARE OF IMPOUNDED DOGS OR CATS; REDEMPTION PROCEDURE; DISPOSITION.

(A) The poundmaster shall feed and care for any dog or cat impounded as provided in this chapter until the dog or cat is disposed of as provided by law.

(B) If such dog or cat is not a “diseased or injured dog or cat,” as defined in this chapter, and is not suspected of having rabies, the owner of such impounded dog or cat may redeem the dog or cat at any time within five days after being taken up by describing the cat or dog, proving ownership to the satisfaction of the poundmaster, by paying all applicable fees and by obtaining, when necessary, the dog or cat license tag.

(C) When the poundmaster knows the address of the owner of an impounded dog or cat the five days for redemption shall begin when written notice of such impounding is deposited in the mail, postage prepaid, directed to such address. However, an owner may waive the five-day redemption period in writing. If the impounded dog or cat bears a license tag, such notice shall be mailed to the address shown on the copy of the receipt for such license tag on file in the licensing services division.

(D) If any dog or cat impounded is not so redeemed within such five days, or if the owner of such dog or cat is unknown to the poundmaster, or fails, or refuses to comply with any of the requirements of redemption as provided herein, or if the owner has waived the redemption period in writing, the poundmaster shall dispose of such dogs or cats according to the provisions of the city code.

(E) In disposing of an impounded dog or cat, the poundmaster may destroy the dog or cat in a humane manner or may sell such dog or cat for a pet to any person who obtains a license tag.

(F) When a dog or cat is returned to the pound within ten days of such sale, the buyer or other person returning the dog or cat shall not be given the discretion to determine what disposition shall be made of the dog or cat. The price to be charged for any dog or cat sold as a pet shall be as prescribed by city council.

(`64 Code, Sec. 5-56) (Ord. No. 735, 1212, 2388)

SEC. 5-102. RESERVED.

(`64 Code, Sec. 5-57)

SEC. 5-103. DISEASED OR INJURED DOG OR CAT.

(A) The poundmaster shall, after impounding any dog or cat, determine whether the dog or cat is diseased or injured. A “diseased or injured dog or cat” is any dog or cat not suspected of rabies which either is injured and apparently in pain or is apparently suffering from a disease.

(B) Every diseased or injured dog or cat shall be isolated at the pound for 72 hours unless, before the expiration of such time, the dog or cat is redeemed or is accepted for treatment.

(C) A diseased or injured dog or cat that does not bear a license tag may be released into the custody of any licensed veterinarian to provide treatment for such dog or cat at no expense to the city.

(D) The city shall not be obligated to provide treatment for such dog or cat nor to procure treatment on behalf of its owner. The city shall not be liable for the cost of treatment or medical care rendered to any dog or cat accepted for treatment.

(E) If the owner of any diseased or injured dog or cat taken up and impounded as provided in this chapter is known, the poundmaster shall, within 72 hours of such taking up, exercise reasonable diligence to give notice of such fact to the owner. Such notice may be given by mail or by leaving written notice at the residence of such owner. If any diseased or injured dog or cat is neither redeemed nor accepted for treatment as provided herein within such 72 hours, the poundmaster shall destroy the dog or cat in a humane manner.

(`64 Code, Sec. 5-58) (Ord. No. 735, 2388)

SEC. 5-104. DISCLAIMER OF LIABILITY BY CITY.

All animals specified in this chapter which may be impounded shall be kept at the risk of the owner, and the city, its officers, agents and employees shall not, nor shall the poundmaster, be responsible to the owner for the delivery in good faith of any such animal to a person claiming to be, but not in fact being, entitled to reclaim the same. Neither the city, its officers, agents or employees, nor the poundmaster, shall be liable for injury or disease to any animal, incurred while the animal is impounded.

(`64 Code, Sec. 5-59) (Ord. No. 735)

SEC. 5-105. SUSPECTED RABID DOGS OR CATS TO BE ISOLATED; PLACE AND PERIOD OF ISOLATION.

(A) The poundmaster shall take up and place in isolation any dog or cat, licensed or not, which in the opinion of a licensed veterinarian or the poundmaster, displays symptoms suggestive of rabies. Such isolation shall be at the dog or cat pound unless the owner of such dog or cat, with the approval of the poundmaster, arranges with a licensed veterinarian for such isolation in a private animal hospital or clinic.

(B) Any dog or cat, placed in such isolation, shall be kept strictly confined and under such observation as may be required by the poundmaster. Such isolation shall continue for at least 14 days from the date the symptoms suggestive of rabies were first observed. Such isolation may be continued for a longer period than 14 days if, in the opinion of any licensed veterinarian or the poundmaster, such longer period is necessary.

(C) At the expiration of such 14 days or longer period, the dog or cat shall be released upon payment of proper fees if, in the opinion of any licensed veterinarian or the poundmaster, such dog or cat does not have rabies.

(`64 Code, Sec. 5-60) (Ord. No. 735, 2388)

SEC. 5-106. ISOLATION OF BITING ANIMALS; IMPOUNDMENT.

Except as otherwise provided herein, the poundmaster shall take up, impound and isolate for 14 days following the day of the alleged bite, any animal of a type subject to rabies that is reported to have bitten any person, whether or not such animal has been vaccinated with rabies vaccine and whether or not such animal displays any symptoms suggestive of rabies. The animal shall be impounded and isolated in the manner provided for the isolation of dogs and cats suspected of having rabies.

(`64 Code, Sec. 5-61) (Ord. No. 735, 2388)

SEC. 5-107. BY VETERINARIAN, ON PRIVATE PREMISES.

(A) Any person, who is 21 years of age or older may make written request to the poundmaster for the isolation of a biting animal either in facilities provided by a licensed veterinarian or in a licensed kennel or upon the private premises of the person making such request. If such request is approved by the poundmaster, such biting animal shall not be taken up and impounded, but shall instead be strictly confined and isolated in such veterinarian's facilities or on such private premises for the isolation period.

(B) The poundmaster shall post such private premises, in a conspicuous place thereon, with notice that an animal is being confined thereon to be observed for

rabies. Upon termination of the isolation period, animals isolated in the pound shall be released upon payment of proper fees if, in the opinion of any licensed veterinarian or the poundmaster, the animal does not have rabies. Animals isolated upon private property shall be released from such isolation if, in the opinion of any licensed veterinarian or the poundmaster, the animal does not have rabies.

(`64 Code, Sec. 5-62) (Ord. No. 735, 2388)

SEC. 5-108. ANIMAL NOT PROPERLY ISOLATED TO BE IMPOUNDED.

Every person who, after requesting and obtaining approval for the keeping of a biting animal confined and isolated upon private premises, as provided in section5-105, fails for any reason whatsoever to keep such animal continuously confined and isolated upon his/her premises, either indoors or inside some enclosure, for a period of 14 days after the day such written request is presented to the poundmaster, shall be guilty of a misdemeanor. Any such animal, whether licensed or unlicensed, not continuously confined and isolated as required in section 5-105 shall be taken up forthwith by the poundmaster and impounded as provided in section5-105.

(`64 Code, Sec. 5-63) (Ord. No. 735)

SEC. 5-109. REDEMPTION OF ISOLATED IMPOUNDED ANIMALS; FEE.

Any dog or cat isolated at an animal shelter and found not to have rabies may be redeemed by the owner by paying to the poundmaster all applicable fees and by obtaining any necessary license tag. Any dog or cat which is not so redeemed within 72 hours after the expiration of the isolation period shall be deemed to have been abandoned and shall be disposed of as provided in section 5-101 of this chapter.

(`64 Code, Sec. 5-64) (Ord. No. 735, 1212, 2388)