Petaluma Municipal Code Ch. 9.28 Impoundment

Animal services shall ensure that all impounded animals receive suitable and adequate food, water, and shelter.

(Ord. 2185 NCS §2, 2004.)

Animal services shall maintain a registry of impounded animals describing the type, sex and other identifying

characteristics of the animal, the date of impoundment, if licensed the license number of the dog, the name of the

person redeeming or purchasing the animal, and any fees or charges paid. (Ord. 2185 NCS §2, 2004.)

Fees for redemption, care and feeding of animals shall be set by city council resolution. Greater redemption fees

shall be charged for animals redeemed two or more times. (Ord. 2185 NCS §2, 2004.)

The animal control oNcer shall seize any animal which there is reason to believe is infected with rabies, and take

that animal to a veterinarian for examination. If the veterinarian determines that the animal may be infected with

rabies, the animal control oNcer shall impound such animal for the period mandated by the laws of this state and

shall notify Sonoma county animal regulation, the agency responsible for rabies monitoring in this county. The

animal’s owner shall be charged for all costs incurred or fees applicable, with respect to the examination,

conLnement, or impoundment of the animal. (Ord. 2185 NCS §2, 2004.)

A. Animals at Large. The animal control oNcer may seize and impound an animal which is at large as deLned in

Section 9.08.120. A dog that has strayed from, but then returned to the private property of its owner and/or

possessor shall not be seized or impounded merely for a violation of Section 9.08.120. In such a case, a citation for

such violation may be issued; provided, however, that if the owner and/or possessor is not at home the dog may

be impounded, but the animal control oNcer shall post a notice of such impoundment on the front door of the owner’s and/or possessor’s dwelling. Such notice shall contain the information required by the California

Government Code Section 53074.

B. Except as provided in subsection (A) of this section, an animal may be impounded for violation of any

provisions of this title, or the laws of this state, in accordance with the procedures speciLed in this chapter.

(Ord. 2185 NCS §2, 2004.)

A. Except as provided in Section 9.28.070, the animal control oNcer may not seize or impound an animal

without the consent of the owner and/or possessor, unless a pre-impoundment notice is provided in accordance

with subsection (B) of this section.

B. At least Lve days prior to the date of impoundment the owner and/or possessor of the animal shall be served

in person or by mail with a notice that his/her animal will be subject to impoundment on or after a speciLed date.

The notice shall state that the owner and/or possessor may request a hearing before the animal hearing oNcer

prior to the date for impoundment speciLed in the notice. The Lling of a timely appeal shall stay the impoundment

of the animal until the conclusion of the hearing.

C. Whenever a timely appeal is Lled, the animal hearing oNcer shall conduct a pre-impoundment hearing to

determine whether impoundment of the animal is authorized under this title. The decision of the animal hearing

oNcer shall be based on the weight of the evidence and shall be Lnal. The owner and/or possessor of the animal

shall be given notice of the decision in person or by mail.

D. Whenever the owner and/or possessor of an animal is served with an abatement order pursuant to Section

9.08.180 governing animal noise or Chapter 9.24 governing potentially dangerous and dangerous animals, the

notice of impoundment may be incorporated within the abatement order. A hearing pursuant to Chapter 9.24

before the hearing oNcer shall also constitute the preimpoundment hearing speciLed in subsection (C) of this

section.

(Ord. 2185 NCS §2, 2004.)

A. The animal control oNcer may immediately seize and impound an animal for violation of this title or the laws

of this state without providing a preimpoundment notice of hearing under the following circumstances:

1. The owner and/or possessor of the animal provides consent for the impoundment;

2. The animal is at large and immediate impoundment of the animal is authorized under Section

9.28.050(A);

3. The animal control oNcer has reasonable grounds to believe that the animal may be rabid;

4. The animal control oNcer has reasonable grounds to believe that the animal is a potentially dangerous

or dangerous animal as described in Chapter 9.24;

5. To protect an animal which is injured, sick, starving or suOering from heat, cold or conLnement, which is

in need of immediate care;

6. When immediate seizure is necessary to protect from injury any animal which has strayed onto a public

street or highway or other public place;

7. When the animal control oNcer has reasonable grounds to believe that immediate impoundment is

necessary to protect the public health or safety of any person or animal;

8. Pending an administrative hearing pursuant to Chapter 9.24 or any judicial proceeding.

B. The animal control oNcer shall within twenty-four hours of the impoundment serve notice of impoundment

either in writing or verbally to the owner and/or possessor of the animal pursuant to Section 9.32.020. The notice

shall state:

1. The date and location of impoundment;

2. The location where the animal is impounded;

3. The grounds for impoundment;

4. The period the animal will be held pursuant to section 9.28.080 before being humanely euthanized or

otherwise disposed of.

C. In lieu of impounding, and if not contrary to public safety, the animal control oNcer may permit the animal to

be conLned at the owner’s expense in an animal control oNcer-approved dog kennel or veterinary facility or at the

owner’s residence, provided the owner:

1. Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written

approval of the animal control oNcer; and

2. Shall make the animal available for observation and inspection by the animal control oNcer or members

of law enforcement or their authorized representatives. The animal control oNcer shall dictate to the owner

or custodian the exact way the animal is to be restrained while awaiting the hearing.

D. The owner may request a hearing if he/she believes that the impoundment was unlawful by Lling a written

appeal with the animal control oNcer.

E. If an appeal hearing is requested, it shall be conducted in accordance with the procedures speciLed in Section

9.28.060(C) and shall be scheduled no later than Lve days after the date the appeal was Lled. The animal hearing

oNcer shall determine whether the impoundment was authorized under this title. If the impoundment is found to be unlawful, the animal shall be released forthwith to the owner, and the costs of impoundment shall be borne by

the city.

(Ord. 2185 NCS §2, 2004.)

The owner of an animal that has been impounded pending the outcome of any enforcement action taken by the

city pursuant to this title may prevent disposition of the animal by Petaluma animal services by posting a deposit

in an amount set either by the hearing oNcer or a court of competent jurisdiction where the enforcement action is

pending that is suNcient to provide for the animal’s minimum care for at least thirty days, including the day the

animal was taken into custody. Such deposit shall be Lled with the city of Petaluma department of Lnance within

seven calendar days of the date of impound. If the deposit is not posted, the animal shall be deemed abandoned,

and the animal services manager shall determine the Lnal disposition of the animal in accordance with this title.

Once the deposit is exhausted, if the owner of the animal desires to prevent disposition of the animal by animal

services, the owner must post a deposit within seven calendar days following the exhaustion of the deposit. If a

deposit is not posted, the animal shall be deemed abandoned and Lnal disposition shall be determined by the

animal services manager. Nothing in this section shall prohibit the immediate euthanasia of the animal if, in the

opinion of a licensed veterinarian, the animal is experiencing intractable extreme pain or suOering. The owner

shall be liable for all costs of providing care or disposal of the animal. (Ord. 2349 NCS §1, 2009.)

A. Unlicensed dogs shall be maintained a minimum of four business days including the day of impoundment.

B. Licensed dogs shall be maintained a minimum of ten days following the date of impoundment.

C. Any horse, mule, burro or bovine animal shall be maintained a minimum of four business days including the

day of impoundment, and be disposed of as required by Section 17003 of the California Agricultural Code. Upon

expiration of the fourth day after the impoundment, if no person has appeared to claim such animal, the animal

control oNcer shall notify the State Director of Agriculture as required by Section 17003 of the California

Agricultural Code.

D. All other animals shall be maintained a minimum of four business days including the day of impoundment.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004. Formerly 9.28.080.)

A. After the holding period speciLed in Section 9.28.090 has expired, animal services is authorized to make the

animal available for adoption or to dispose of the animal by humane euthanasia.

B. Exceptions. If an appeal of the impoundment is pending, animal services may not dispose of the animal until

after a determination is made by the animal hearing oNcer.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004. Formerly 9.28.090.)

Animal services may cause an impounded animal to be destroyed without waiting for the holding period speciLed

in Section 9.28.090 to expire, when such animal is severely injured, or infected with a dangerous or communicable

disease. Animal services shall make a reasonable eOort to notify the owner of the animal, if known, prior to the

euthanization of the animal. (Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004. Formerly 9.28.100.)

A. The owner of an impounded animal may redeem the animal at any time prior to its legal disposition by

providing proper identiLcation, obtaining a dog or cat license or other permit when required under this title and

paying all fees and charges for the care, feeding and veterinary treatment of the animal. If the owner fails to pay

the required fees or charges, or to obtain any required license or permit, the animal shall be treated as

unredeemed by the owner and disposed of in accordance with Section 9.28.100. Exceptions: If the impounded

animal has been the subject of an abatement order pursuant to Section 9.24.050 or 9.32.050, the animal shall not

be released unless the owner is willing and able to comply with the terms of the abatement order.

B. Animal services may retain an impounded animal for purposes of investigation or prosecution of any

violations of this title, the Petaluma zoning ordinance or the laws of this state. If a request for redemption is made

by the owner of the animal, the costs of the continued impoundment of the animal from the date the request for

redemption is made shall be borne by the city unless the continued impoundment of the animal is upheld by the

animal hearing oNcer. The owner of the animal may appeal the continued impoundment of the animal within Lve

working days after a request for redemption is denied by the animal control oNcer. A hearing shall be set before

the animal hearing oNcer within Lve working days of the Lling of the appeal.

C. In such cases where an impounded animal is found to be dangerous, the animal may be released subject to

the conditions set forth in Chapter 9.24.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004. Formerly 9.28.110.)

Animals adopted from the Petaluma animal shelter after the legal holding period will not be returned to the

original owner. (Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004. Formerly 9.28.120.)

Animal services shall require the mandatory spay/neuter of any cat or dog or rabbit prior to adoption of said

animal from the shelter. Fees for adoption shall be set by the city council and posted at the shelter. (Ord. 2349

NCS §1, 2009; Ord. 2185 NCS §2, 2004. Formerly 9.28.130.)