Chapter 6.12 — IMPOUNDMENT

(a) The superintendent shall hold any stray animal impounded under the provisions of this title for a period of three days, not counting the first day of impound, and during such period of time the superintendent shall attempt to contact the owner of such animal, if known, by phone or mail. After the passage of three days, the animal may be sold by the superintendent as follows:

(1) Sales shall be for cash, at a price established by the city manager.

(2) If any animal is not redeemed or sold, the superintendent may continue to hold the animal for subsequent sale in accordance with the provisions contained in this section, or order the destruction of the animal.

(3) No animal will be knowingly sold to any person, medical college or university for purposes of animal experimentation.

(4) The superintendent of the animal center, or his designated appointee, may refuse to sell any animal to any person or organization if, in his opinion, the animal should not be sold to that person or organization.

Standards to be used when determining refusal to sell are:

(A) Adopting party is intoxicated;

(B) Adopting party has inadequate facilities for keeping the animal;

(C) Adopting party would be in violation of any ordinance of the city or state as a result of the adoption;

(D) Adopting party desires animal for breeding purposes;

(E) Adopting party desires the dog as a guard for a business;

(F) Adopting party has a history of animal control violations;

(G) Adopting party has past history of animal cruelty;

(H) Adopting party is suspected or known to be involved in fighting dogs or other animals;

(I) Adopting party does not have the capacity to provide for the essential needs of the animal.

A wild animal which has been taken up by the animal center shall be deemed not to be impounded unless there is reason to believe it has an owner. Such an animal need not be retained for any minimum period of time, but may be released in a park or wildlife area, where lawful, unless the animal is dangerous or suffering excessively, in which case it may be forthwith humanely destroyed or other disposition made.

Any animal which is voluntarily surrendered to the animal center by the owner need not be kept by the animal center for any minimum period of time.

An animal impounded or otherwise taken into custody by the animal center which has been certified by a licensed veterinarian to be diseased or injured to the extent that emergency veterinary care will not alleviate intense suffering shall be destroyed forthwith.

(Ord. 3257 § 3 (part), 1981: Ord. 2669 § 7 (part), 1972: Ord. 2394 (part), 1967: prior code § 18.15)

The city shall charge and receive from the owner fees for services in impounding animals as set forth in the municipal fee schedule.

(Ord. 2960 § 37, 1976: Ord 2937 § 1, 1976: Ord. 2863 § 5, 1975: Ord. 2669 § 7 (part), 1972: Ord. 2566 § 6, 1970: Ord. 2394, 1967: Ord. 1619, 1955: prior code § 18.17)

For any dogs found running at large in Foothills Nature Preserve, Byxbee Park, or city-owned Baylands, and impounded by the city, the city shall charge and receive from the owner fees for services in impounding animals as set forth in the municipal fee schedule.

(Ord. 5518 § 2, 2021: Ord. 2960 § 38,1976: Ord. 2949 § 1, 1976)

Any animal may be reclaimed by the owner or person entitled to its control before the sale or other disposition thereof by paying all fees and charges that have been incurred or accrued up to the time of reclamation. Any and all fees may be waived by the superintendent of animal services if the owner of the animal agrees to and does spay and/or neuter the animal in question; all surgery fees will be collected in lieu of redemption fees. Nothing in this section shall prevent the issuance of a citation or complaint for any violation of law.

(Ord. 3257 § 3 (part), 1981: Ord. 2669 § 7 (part), 1972: prior code § 18.18)

The superintendent shall keep a record of each animal impounded, the date of receipt of such animal, the date and manner of its disposal, and, if redeemed, reclaimed or sold, the name of the person by whom redeemed, reclaimed or purchased, the address of such person, and the amounts of all fees received or collected for or because of the impounding, reclaiming, or purchasing thereof, together with the number of any tag, and the date of any license exhibited or issued upon the redemption or sale of any such animal.

(Ord. 2669 § 7 (part), 1972: Ord. 1278 § 18.19)

It shall be the duty of all officers of the animal center and for police officers to deliver all sick and injured cats and dogs found in a public place

without their owners to a veterinarian known by such officer or agency to be a veterinarian that ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. Upon return to the animal center it shall be the duty of the superintendent to ensure that prescribable treatment will be continued until the animal is either redeemed by its owner or is euthanised. The duty created pursuant to this section shall not be considered as a mandatory duty for purposes of the California Torts Claim Act.

(Ord 3257 § 3 (part), 1981)