Rohnert Park Municipal Code Ch. 6.08 Impoundment

The city council may provide, by contract, for the execution of the office and duties of shelter supervisor or animal control officer by any person authorized or organized under the laws of the State of California to act for the humane treatment of animals or to prevent cruelty to animals. The shelter supervisor and her or his deputies may collect license, impoundment, quarantine, adoption and other fees as approved by the city.

(Ord. 738 § 1 (part), 2005)

All money collected by the animal shelter shall be deposited into the general fund of the city. If shelter services are contracted out, all money collected together with all or a portion of the money collected from the sale of licenses for animals in the city, may be retained by or paid over to the shelter contractor in payment for the work, labor and duties performed by the shelter contractor in operating the city shelter or other like facility. The shelter supervisor shall file a quarterly report with the city as may be required by the mayor or city manager or as may be provided by agreement.

(Ord. 738 § 1 (part), 2005)

The shelter supervisor shall keep such records as the state, mayor, city manager or agreement may prescribe. Such records shall at all times be available for inspection by the mayor or city manager or his or her designee.

(Ord. 738 § 1 (part), 2005)

Any animal control officer may seize and impound an animal for a violation of any provision of this Title or state law in any of the following situations where the owner of the animal is not present and the animal control officer has reasonable cause to believe that such seizure is necessary for any of the following reasons:

A. To protect public safety and welfare;

B. To protect an animal which is injured, sick or starving;

C. To protect an animal from injury which has strayed onto public property or a public right of way;

D. To protect a domestic animal from imminent risk of harm;

E. To safeguard an animal which is at-large off its owner's property; Upon the impoundment of any such animal, the owner, if known, shall be notified and may request a hearing and determination in accordance with the provisions of this Title.

(Ord. 738 § 1 (part), 2005)

The shelter supervisor shall provide all animals in his or her custody with proper food, water, and shelter and shall give them all necessary care and attention.

(Ord. 738 § 1 (part), 2005)

A. If any animal impounded under this Title is found by the animal control officer to be duly licensed and/or microchipped, the animal control officer shall mail notice by certified mail to the registered owner of such animal at the address given in the license or microchip application for the animal, or in-person by the animal control officer or a public safety officer. Such notice shall state that the animal has been impounded, the date and place of impoundment, a description of the animal, where the animal is being held, the name, address, and the telephone number of the agency or person to be contacted regarding release of the animal, and an indication of the ultimate disposition of the animal if no action to regain it is taken by the owner within six days after the mailing of such notice. Any dog or other animal picked up and impounded pursuant to this Title may be recovered by the owner only upon payment of the charges and costs of redemption of impounded animals as provided in Section 6.08.150 of this chapter.

B. The required holding period for a stray animal shall be six business days, not including the day of impoundment, except that if the shelter is open one weekday evening until 7:00 p.m. or one weekend day, then the holding period shall be four business days, not including the day of impoundment.

(Ord. 738 § 1 (part), 2005)

Redemption of an impounded animal shall be made by presenting to the animal control officer any required license certificate and identification tag issued by the licensing agency or otherwise by establishing ownership and by paying to the animal control officer the redemption fee and all other proper fees and charges accrued as provided for in this Title. If the impounded animal is subject to license under this Title, the owner shall comply with the licensing requirements of the animal prior to its release. Upon such redemption being made, the animal control officer shall release the animal.

(Ord. 738 § 1 (part), 2005)

No dog or other animal shall be released by the animal control officer or her or his deputies until all charges, costs of redemption, and costs of current year's license charge, if any, have been paid by the owner. The charges and costs of redemption to the owners of impounded animals shall be set by resolution of the city council. Redemption fees will include but not be limited to the following: (a) a fee for each dog or other animal impounded for violation of this Title, and in addition, (b) a fee for the actual cost of board, feed and veterinary care for each day or fractional day of impoundment, shall be due and payable from the owner to the keeper of the impounded animal(s), and (c) the fees established by Food and Agriculture Code Sections 30804.7 and 31751.7. Upon a second impoundment of the same animal while under the same ownership, such animal shall be microchipped and altered within fifteen days of being released to the owner (at the owner's expense and at the veterinarian of the owner's choosing) and the cost of the microchipping shall be added to the redemption fee.

(Ord. 738 § 1 (part), 2005)

If the owner of an animal wishes to challenge an impoundment, the owner shall personally deliver or mail a written request for a hearing before the shelter supervisor. The request must be received by the shelter supervisor within four days of the impoundment. The shelter supervisor shall review the request, together with additional evidence presented at or before the time of the hearing, and shall determine whether or not the impoundment was proper. Unless a provision of this Title requires otherwise, if the shelter supervisor determines that the impoundment was improper, the animal shall be immediately returned to its owner.

(Ord. 752 § 9, 2006: Ord. 738 § 1 (part), 2005)

A. Any animal which is impounded by any agency within the city two or more times while under the same ownership shall be microchipped and ordered spayed or neutered within fifteen days of being released to the owner (at the owner's expense and at the veterinarian of the owner's choosing). The cost of the microchipping shall be added to the redemption fee described in Section 6.08.150 of this chapter. The owner of the animal shall provide written documentation from the veterinarian performing the surgery to the animal control officer within seven days of the surgery as verification that such surgery occurred.

B. Any owner of an impounded animal subject to mandatory sterilization under subsection (A) above may request, in writing and within seven calendar days following notice of the second impoundment, a hearing to be conducted by the shelter supervisor or his or her designee. Such hearing shall be held within five calendar days of such request and shall determine whether good cause exists for an exemption from the provisions of subsection (A) herein. If no good cause is established, then the animal shall be ordered to be spayed or neutered.

C. Good cause for an exemption from mandatory sterilization shall exist if the animal was at large due to an act of God, emergency, or other mitigating factor not caused by the negligence of the owner or other person in control of the animal, or upon presentation of documentation from the animal's veterinarian stating that a health condition exists that would preclude such a surgery. The burden of proof to establish good cause for an exemption shall be upon the owner and shall be established by a preponderance of the evidence.

(Ord. 752 § 10, 2006: Ord. 738 § 1 (part), 2005)

A. The shelter supervisor shall keep any impounded animal for the period set forth in Section 6.08.110, subsection (B), and for such longer period as may be required for any notice to be given under this Title. At any time after the expiration of such period of time, the shelter supervisor may, unless the owner redeems the animal or unless a bona fide home has been obtained for such animal, euthanize the animal in a humane manner.

B. Any animal which is voluntarily surrendered to or deposited with the shelter shall be held for the same holding period and treated with the same standards of care as stray animals, except that the period for owner redemption shall be one day, not including the day of impoundment. This holding period is excepted if the animal is determined by a veterinarian to be irremediably suffering or is voluntarily surrendered due to chronic or severe health issues. In such cases, the animal may immediately be euthanized in a humane manner.

C. If an animal is impounded pursuant to a determination by the patrol sergeant that the animal is dangerous as that term is defined in Section 6.02.070, subsection (G), the animal may immediately be euthanized in a humane manner if it is found, after a hearing is conducted pursuant to Chapter 6.10 of this Title, that release of the animal to its owner would create a significant threat to the health, safety, or general welfare of the public

(Ord. 752 § 11, 2006: Ord. 738 § 1 (part), 2005)

No animal impounded pursuant to this Title or voluntarily surrendered to or deposited with the shelter shall be redeemed, placed for adoption or otherwise released to any person, institution, or public agency for any research purposes, including, but not limited to, biomedical research, experimentation, instruction, toxicity testing or product testing, that is invasive or harmful to the animal.

(Ord. 738 § 1 (part), 2005)

No liability shall be incurred by the city for the impoundment, redemption or disposition of an animal made pursuant to this Title.

(Ord. 738 § 1 (part), 2005)

If an impounded animal is made available for adoption, such animal may be adopted by any qualified person upon submission of an approved application and payment of an adoption fee, the amount of which shall be established by resolution of the city council. If such animal is adopted by a Rohnert Park resident, and has received a rabies vaccine, then the person adopting the animal shall, prior to the animal's release, comply with the licensing requirements for the animal.

If a stray animal is released to or adopted by another person, the owner of such animal may, at any time within fifteen days after the stray period has elapsed, redeem the animal by paying any fees due to the shelter and reimbursing the adopter the amount of adoption, plus covering any expenses incurred during the period the adopter had possession of the animal.

(Ord. 738 § 1 (part), 2005)

Upon the recommendation of the shelter supervisor the fees provided for in this chapter may be waived or paid from the city's general fund when animals have been impounded because of conditions within the city or the immediate area due to fire, flood, earthquake, storm or other natural disaster.

(Ord. 738 § 1 (part), 2005)