Rancho Santa Margarita Municipal Code Art. VII Animal Impoundment

(a) The Director and his or her duly authorized deputies and agents may take into custody:

(1) Any animal kept or maintained contrary to the provisions of this Code, any regulation adopted thereunder, or any state statute.

(2) Animals running at large contrary to the provisions of this Chapter or any state statute.

(3) Sick, injured, stray, unwanted animals, for which the owner and/or custodian cannot be found or is unable or unwilling to provide proper care.

(4) Animals quarantined for which no other place of quarantine is acceptable to the Director.

(5) Animals delivered or requested to be impounded by a peace officer, or public officer or employee as defined in Penal Code § 836.5.

(6) Any wild animal found to be at large upon any public property, or upon request of the owner or tenant, found to be at large upon private property.

(7) Any other animal authorized to be impounded under this Chapter.

(b) The Director may place animals which are taken into custody in the City of Mission Viejo Animal Services Center or other facility designated by the Director, except that animals impounded pursuant to subsection (a)(6) above may be summarily destroyed.

(Ord. No. 16-09, § 1, 1-11-2017)

No person shall, without the consent of the owner, hold or retain possession of any animal for more than 24 hours without first reporting the possession of such animal to the Director, giving their name and address and a true description of the animal, and then surrendering such animal to the Director upon demand.

(Ord. No. 16-09, § 1, 1-11-2017)

No person shall remove any animal from the custody of the Director or from the City of Mission Viejo Animal Services Center without permission from the Director to do so.

(Ord. No. 16-09, § 1, 1-11-2017)

(a) Except as otherwise provided by state law or this Chapter, when any animal, other than an animal abandoned by its owner, is impounded pursuant to this Article, the Director shall, within 12 working hours after impounding such animal, notify the owner, if known, of the location of such animal. The notification shall be by mail with postage fully prepaid thereon, together with any other reasonable means.

(b) Any impounded animal may be redeemed by the owner upon payment of the fees established by the City of Mission Viejo. The owner must also demonstrate to the satisfaction of the Director that they are the owner of the animal, and that they can keep such animal in conformance with the requirements of this Chapter.

(c) If a licensed animal is not redeemed within ten days of impoundment, excluding City of Mission Viejo holidays and the day of impoundment, it shall be deemed abandoned and the Director may sell, release, or destroy such animal pursuant to the regulations established in this in this Article. If an unlicensed animal is not redeemed within five days of impoundment, excluding City of Mission Viejo holidays and the day of impoundment, it shall be deemed abandoned and the Director may sell, release, or destroy such animal pursuant to the guidelines established in this in this Article.

(Ord. No. 16-09, § 1, 1-11-2017)

(a) Except as otherwise provided by state law or by this Chapter any unredeemed animal shall be deemed to have escheated to the City of Mission Viejo and thereafter may be sold by the Director upon payment of the fees established by the City of Mission Viejo.

(b) An unredeemed dog or cat which has not been spayed or neutered shall not be sold or given away, unless the deposit specified in Section 5.12.760 has been received.

(Ord. No. 16-09, § 1, 1-11-2017)

Any impounded animal which has not been redeemed or adopted may be disposed of by euthanasia.

(Ord. No. 16-09, § 1, 1-11-2017)

No humane shelter or shelter operated by a society for the prevention of cruelty to animals shall adopt or give away any dog or cat that has not been spayed or neutered, unless a spay/neuter deposit is made at the time of adoption or give away. The deposit will be refunded to the person adopting or receiving the dog or cat when a notice is received by the shelter from a licensed veterinarian that the spay or neuter has been completed.

(Ord. No. 16-09, § 1, 1-11-2017)

No person shall sell, barter or give away, nor shall any person buy, accept or take possession of any animal on premises upon which a municipally owned or operated animal shelter is located, including adjacent parking areas, without the written permission of the Director. The Director may define the premises covered by this Section and cause those areas to be posted so as to advise persons of the provisions of this Section.

(Ord. No. 16-09, § 1, 1-11-2017)