Rolling Hills Municipal Code Ch. 6.28 Impounding

Footnotes:

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For statutory provisions on impounding, see Food and Agriculture Code §31101 et. seq.

Any person finding any stray domestic animal or any animal which is running at large contrary to the provisions of this title, may take up such animal, if he complies with the applicable provisions of this title.

(Ord. 136 § 701, 1976).

Any person taking up any stray domestic animal or any such animal found running at large contrary to the provisions of this title shall surrender such animal to the Director or to his duly authorized representative upon demand.

(Ord. 136 § 702, 1976).

The Director shall hold all stray bovine animals, horses, mules and burrows impounded by him as provided for in Chapter 7 (commencing with Section 17001) of Division 9 of the Agriculture Code of the State of California. If any person appears and claims any animal referred to in this section prior to the time that it is turned over to the California State Department of Agriculture, the Director shall collect the fee set forth in Exhibit A.

(Ord. 136 § 703, 1976).

A. Every person, except the Director, taking up any stray animal or any such animal which is running at large contrary to the provisions of this title, shall as soon as practicable, but not more than twelve hours thereafter, give notice to the Director, the Sheriff, or the City Manager, of the following:

1. The fact that he has such animal in his possession;

2. The license number of such animal, if any, and by what County or municipal corporation issued; and if such animal has no license, he shall so state;

3. The complete description of such animal; and

4. The place where such animal is confined.

B. In case such notice is given to any member of the Sheriff's office, such officer shall immediately notify the Director and shall furnish him all the information which has been obtained regarding such animal.

(Ord. 136 §§ 704, 705, 1976).

The Director shall deliver to an animal shelter operated by the Department any and all animals picked up by the Department in accordance with this title.

(Ord. 136 § 706, 1976).

If the Director finds that any dog impounded in a County animal shelter probably can be sold, or that in order to protect the public health such dog should be vaccinated, he may instruct the County Veterinarian to vaccinate such dog with approved killed virus vaccine or approved live virus vaccine.

(Ord. 136 § 707, 1976).

The Director may, upon impounding of any animal, cause to be published in any newspaper circulated within the community wherein any such animal was taken up a notice of the impounding thereof, which notice shall contain a general description of such animal, the date of such taking up and impounding and the address of the animal shelter wherein such animal is being held.

(Ord. 136 § 708, 1976).

A. Any approved research institute may, at any time, request the Director to deliver to it any dog or cat impounded by him. Not less than five or more than thirty days after the taking and impounding of any dog nor cat, unless such dog or cat has been redeemed by the owner, the Director shall deliver to the approved research institution at the place of impounding the dogs or cats, or both, designated by it, upon payment of a fee of five dollars for each dog and two dollars for each cat; except the Director shall not deliver any dog or cat to any approved research institution if the owner of such dog or cat has instructed the Director not to do so.

B. Not less than five days after the taking up and impounding of any dog or cat as provided in this title, unless it is sooner redeemed or delivered to an approved research institution, the Director shall destroy such dog or cat or shall dispose of such dog or cat to any other person who will pay the reasonable value of such dog, in no case less than eight dollars, if the dog has been vaccinated at County expense by the County Veterinarian, otherwise five dollars; or the reasonable value of such cat, in no case less than two dollars. In the case of the sale of a dog (other than delivery to an approved research institution), the purchaser also shall procure and pay for the required license for such dog for the current year, unless such a license already is issued and in full force and effect.

(Ord. 136 § 709, 1976).

The Director shall not sell or release any dog to any person other than an approved research institution unless such dog does not have rabies, and:

A. The purchaser exhibits a certificate signed by a veterinarian licensed either by the State of California or by any other State to practice veterinary medicine that:

1. Such dog has been vaccinated with approved killed virus vaccine less than eighteen months prior to date of release, or

2. Such dog has been vaccinated with approved live virus vaccine less than thirty months prior to date of release, or

3. Such dog should not be vaccinated with rabies vaccine because such vaccination would jeopardize the health of such dog due to infirmity or other disability, with the estimated date of termination thereof shown on the face of the certificate, or

B. The County Veterinarian has so vaccinated such dog within the time specified in subsection A of this section.

(Ord. 136 § 710, 1976).

Each animal shelter authorized to receive and impound dogs under the provisions of this title shall be kept open to the public for the transaction of business from eight a.m. until five p.m. on each day, other than Sundays and legal holidays, or at such other hours as the City shall contract for.

(Ord. 136 § 711, 1976).

The Director shall keep a record of each animal impounded by him, the date of the impounding thereof, the date and manner of its disposal and, if redeemed, reclaimed, or sold, the name and address of the person by whom redeemed, reclaimed or purchased and the amount of all fees received or collected for or because of the impounding, reclaiming or purchasing thereof, together with the number of any license tag exhibited or purchased upon the redemption or sale of any such dog. A copy of such record shall be delivered to the City Manager.

(Ord. 136 § 712, 1976).

Any purchaser of a dog or cat, other than at auction, within fifteen days after such purchase (excluding the day of purchase), may exchange such dog or cat for another dog or cat. If the amount which the Director would charge for the substituted dog or cat is greater than the amount paid for the original dog or cat, the purchaser shall pay the difference. In no event will any part of the purchase price of the original dog or cat be refunded, even though the price of the substituted dog or cat is less than the price paid for the original dog or cat.

(Ord. 136 § 713, 1976).

When any dog wearing a current valid license tag issued by the City is impounded pursuant to this title, the Director shall, within twelve working hours after receiving such dog, notify either by telephone or letter, with postage fully prepaid thereon, the person to whom the current license for such dog was issued of the whereabouts of such dog.

(Ord. 136 § 714, 1976).

If the Director does not comply with Section 6.28.130, he shall charge no fee of any kind for any board or care of such dog prior to the time when the owner or person to whom the current license for such dog was issued, or other person in charge of such dog, receives actual notice of the whereabouts of such dog.

(Ord. 136 § 715, 1976).

Dogs wearing a current valid license tag issued by the City pursuant to this title shall not be destroyed or otherwise disposed of unless:

A. The person to whom the current license of such dog was issued so directs; or

B. Five full days have elapsed since such person was notified of his dog's whereabouts by telephone; or

C. Six full days have elapsed since a letter, postage fully prepaid, addressed to such person at his last known address and informing such person of the whereabouts of his dog has been deposited in the United States mail.

(Ord. 136 § 716, 1976).

A. For the redeeming of any impounded dog, the fees for vaccination, feeding and caring for any such dog shall be collected as listed in Chapter 6.56.B.For the redeeming of any impounded cat, the fees for feeding and caring for such cat shall be collected as listed in Chapter 6.56.

(Ord. 136 §§ 717, 718, 1976).

The impounding fee does not include any cost of feeding or caring for any dog or cat except during the day in which it is impounded, but the fee for such care and feeding may be collected for each day except the day on which it is impounded during which such dog or cat is in the custody of the Director, as set forth in Chapter 6.56.

(Ord. 136 § 719, 1976).

For giving notice of the impounding of any animal, the actual cost of the publication of any notice published for such animal shall be collected.

(Ord. 136 § 720, 1976).

The estimated cost of impounding, feeding and caring for rabbits, birds, poultry, fowls or other animals not otherwise provided for in this title shall be collected.

(Ord. 136 § 721, 1976).

Except where it is otherwise provided by this title or any other ordinance or any statute, if the owner or person entitled to the possession of any animal impounded by the Director does not redeem such animal within thirty days of such impounding, the Director may destroy or sell such animal or may give such animal to any government entity.

(Ord. 136 § 722, 1976).

A charge shall not be collected for any animal which has been unlawfully taken up and impounded. Such animal shall be immediately delivered upon demand to the owner or person entitled to the custody thereof.

(Ord. 136 § 723, 1976).

The owner or person entitled to the custody of any animal taken up and impounded under the provisions of this title may, at any time before the sale or disposal thereof, as provided in this title, redeem such animal by paying to the Director the fees and charges prescribed by this title accruing up to the time of such redemption.

(Ord. 136 § 724, 1976).

A. The Director may employ a private veterinarian whenever he deems it necessary in order to properly care for and maintain any animal, and the cost thereof, not exceeding the amounts set forth in Chapter 6.56, shall be a County charge.

B. When a veterinarian's fee has been paid or incurred for the care or treatment of any animal, such animal shall not thereafter be redeemed without payment by the owner of such fee, in addition to any and all other fees, so as to reimburse the County for its cost for veterinarian service for such animal.

(Ord. 136 § 725, 1976).

The Director shall not release any dog which has been redeemed by the owner unless such dog does not have rabies, and:

A. The owner exhibits a certificate signed by a veterinarian licensed either by the State of California or by any other State to practice veterinary medicine that:

1. Such dog has been vaccinated with approved killed virus vaccine less than eighteen months prior to date of release, or

2. Such dog has been vaccinated with approved live virus vaccine less than thirty months prior to the date of release, or

3. Such dog should not be vaccinated because such vaccination would jeopardize the health of such dog due to infirmity or other disability, which infirmity or disability and the estimated date of termination thereof is shown on the face of the certificate; or

B. The County Veterinarian has so vaccinated such dog within the times specified in subsection A of this section.

(Ord. 136 § 726, 1976).

If the Director suspects that any dog impounded has rabies, he shall hold such dog for inspection by and shall notify the County Health Officer. The County Health Officer shall examine such dog, and if he believes such dog should be held for further observation, he shall so inform the Director, who shall hold such dog as directed.

(Ord. 136 § 727, 1976).

If the County Health Officer finds that such dog does not have rabies, the Director shall release it or dispose of it as provided in this title.

(Ord. 136, § 728, 1976).

Nothing in Section 6.28.250 or 6.28.260 or any other portion of this title shall be construed to either authorize or require any person other than a person having a State veterinary license to practice veterinary medicine or to do any act in violation of the Business and Professions Code.

(Ord. 136 § 730, 1976).

Not less than five days after taking up and impounding any animal found running at large or being maintained contrary to the provisions of this title, unless it is sooner redeemed by its owner, the Director may destroy or sell such animal to any governmental entity unless the disposition of such animal is covered by some other section of this title.

(Ord. 136 § 731, 1976).

The Director shall not release to its owner or sell any animal that has been impounded in accordance with the provisions of this title unless the person to whom the animal is released or sold provides satisfactory proof that the animal will be maintained in accordance with the provisions of this title or any other ordinance or statute.

(Ord. 136 § 732, 1976).