Sacramento Municipal Code Art. II Administration and Enforcement

The position of animal care services manager is created and this official is authorized and empowered to administer and enforce all provisions of this law. (Ord. 2010-021 § 12; prior code § 6.02.020)

The animal care services manager shall be appointed by and hold office at the pleasure of the city manager. The animal care services manager shall have as many assistants and deputies as the city manager may deem necessary for the performance of his or her duties. (Ord. 2010-021 § 12; prior code § 6.02.021)

The animal care services manager shall:

A. Take up and impound all animals found to be in violation of the provisions of this chapter.

1. When a dog or swine permitted by Section 9.44.320 of this chapter has strayed from the property of its owner or keeper and has returned to same, animal care services officers shall not impound the dog or swine unless the owner or keeper is not at home. If the owner or keeper is at home, the animal care services officer may issue a citation to the owner or keeper. When the owner or keeper is not at home, the dog or swine may be impounded, providing notice of impoundment is posted on the front door of the owner's or keeper's living unit. Such notice shall state the following: that the dog or swine has been impounded; where the dog or swine is being held; the name, address and telephone number of the agency or person to be contacted regarding release of the dog or swine; and an indication of the ultimate disposition of the dog or swine if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog or swine.

B. Provide all entitled animals with sufficient shelter, food and water.

C. Remove and dispose of the carcass of any animal found dead in or on any public highway, street, alley or other public place by such appropriate means as may be at his or her disposal.

D. Remove and dispose of the carcass of any animal found dead on private property when the owner of such property or the owner of such animal cannot be immediately located by the animal care services manager, or when such owner or owners refuse to dispose of the carcass within such period of time as may be reasonable under the circumstances. (Ord. 2010-021 § 12; prior code § 6.07.080)

The animal care services manager shall keep such records of impounded animals as may be required of him or her by the city manager. (Ord. 2010-021 § 12; prior code § 6.07.081)

Assistant animal care services officers and deputy animal care services officers shall wear uniforms or other means of distinctive clothing to be provided by the city while performing their duties pursuant to this code. In addition, they shall be provided with a badge or other insignia for their uniform which shall be worn to identify themselves to the public. All vehicles assigned to and routinely used by the animal care services center shall be clearly marked and identified as such, but, this shall not mean that the animal care services center cannot also use any other public vehicles in the performance of their functions under this chapter. (Ord. 2010-021 § 12; prior code § 6.02.022)

It is unlawful for any person to prevent, oppose, resist or otherwise interfere with the animal care services manager, his or her assistants and deputies, in the performance of their duties pursuant to this chapter. (Ord. 2010-021 § 12; prior code § 6.02.023)

In addition to all of the remedies provided in this chapter, the city attorney, in the name of and on behalf of the city and the people of the state, may institute appropriate actions or proceedings in any court of competent jurisdiction to restrain or abate any violation of the provisions of this chapter as a public nuisance. It is declared that the keeping, harboring, or maintaining of any animal in violation of the provisions of this chapter constitutes a public nuisance and may be restrained by a court of competent jurisdiction in the manner set forth above. (Prior code § 6.02.025)

In accordance with the provisions of Chapter 2.12 of this code, persons employed as animal care services officers shall be granted citation issuance and arrest authority for purposes of enforcement of the provisions of this chapter and pertinent state statutes. (Ord. 2010-021 § 12; prior code § 6.02.026)

In the performance of his or her duties, the animal care services manager, his or her assistants and deputies, shall have authority to use all methods of animal control normally employed by animal control agencies within this state, specifically including the use of the tranquilizer gun. (Ord. 2010-021 § 12; prior code § 6.02.027)

In addition to those fees specified elsewhere in this chapter, the city council may by resolution set other fees for services provided by the animal care and control division. (Ord. 2010-021 § 12; prior code § 6.02.028)

Any impounded animal which is of a type referred to in Section 17003 of the State Agricultural Code shall be kept in the animal care services center or other designated facility for at least five days unless it is redeemed within such period. If the animal is not redeemed, it shall be turned over to the director of agriculture of the state for disposition by him or her.

Any other impounded animal shall be kept in the animal care services center for at least seventy-two (72) hours unless it is redeemed within such period. (Ord. 2010-021 § 12; prior code § 6.07.082)

The owner or person entitled to the control or custody of any animal impounded may, at any time before the sale or other disposition thereof, redeem the same by paying to the city all proper fees and charges thereon made by virtue of any of the provisions of this chapter and, if the animal is a dog, after complying with the provisions of this chapter pertaining to licensing and vaccination; except that an impounded dog that has not been vaccinated against rabies, may be released to an owner who has paid all fees required herein, including the license fee, on condition that the owner shall:

A. Have the dog vaccinated for rabies within ten (10) days; and

B. Exhibit a valid certificate of vaccination to the animal care services manager within ten (10) days, at which time the license will be issued. It is unlawful for an owner or person receiving an animal subject to such conditions to fail or refuse to comply with such provisions. (Ord. 2010-021 § 12; prior code § 6.07.083)

A. Except as otherwise provided in this chapter, any impounded animal that is not redeemed within the applicable holding period specified by this chapter or required by state law, may, in the discretion of the division manager, be adopted for not less than the amount of redemption fees set forth in Sections 9.44.180 and 9.44.190 of this chapter, plus the cost of alteration as set forth in subsection B of this section, destroyed or otherwise disposed of; provided, however, that no animal shall be adopted rescued destroyed or otherwise disposed of until seventy-two (72) hours after notice of the impoundment has been given to the owner if the owner be known, and further provided that owner-relinquished animals are available for adoption immediately.

If the animal is then released, the receipt signed by the division manager or the manager's designee shall be a valid title to the adopter.

Notwithstanding any other provisions of this chapter to the contrary, an impounded animal determined by the division manager or the manager's designee to be unadoptable may be destroyed or otherwise disposed of as ordered by the division manager or the manager's designee.

B. No dog, cat, rabbit or swine shall be adopted pursuant to this section unless the animal was spayed or neutered prior to its impoundment or is spayed or neutered at the adopter's expense prior to delivery of the animal to the adopter.

C. Notwithstanding subsection B, an animal that is too young, too old, too ill, or too injured to be spayed or neutered may be adopted if the purchaser makes a spay/neuter deposit of not less than forty dollars ($40.00), and not more than seventy-five dollars ($75.00) and agrees in writing to spay or neuter the animal and provide written proof thereof to the division manager on or before a specific date set forth in the written agreement. The written agreement shall contain the following statements:

I agree to spay or neuter the animal I am adopting as required by state law and the Sacramento City Code. I understand that failure either to spay or neuter the animal I am adopting or to provide written proof that I have done so to the division manager on or before ___(date)____is a violation of Section 9.44.170 of the Sacramento City Code. The violation is an infraction punishable by a fine, or may be punishable by an administrative penalty of not less than $300.00, or both.

Any person signing an agreement who fails to spay or neuter the animal, or fails to provide proof that the animal has been spayed or neutered, on or before the date specified in the agreement, shall be guilty of an infraction punishable by a fine, or may be subject to an administrative penalty of not less than three hundred dollars ($300.00) imposed pursuant to the procedures set forth in Chapter 1.28 of this code, or both. Any person who is issued a citation or administrative penalty order for violating this section shall be subject to an additional administrative penalty of five hundred dollars ($500.00) if he or she fails to spay or neuter the animal, or fails to provide proof that the animal has been spayed or neutered, within thirty (30) days after the date the citation or order is issued. (Ord. 2002-048 § 1; prior code § 6.07.084)

The animal care services manager shall charge and collect the fees established for impounded animals when claimed:

A. Any horse, cow, bull, steer, ox, mule, burro, ass or other animal of similar or larger size which is impounded, may be redeemed by the owner or person entitled to have charge of the animal upon payment of both a redemption fee and a fee for feeding and caring for such animal, both fees to be established by resolutions of the city council, plus any other actual costs of impoundment.

B. Any dog, cat, rabbit, hog, sheep, goat, fowl, other small animal or any wild animal not otherwise provided for in this chapter, which is impounded, may be redeemed by the owner or person entitled to have charge of such animal upon payment of both a redemption fee established by resolution of the city council for the feeding and caring for such animal, plus any other actual costs of impoundment. (Ord. 2010-021 § 12; prior code § 6.07.085)

In order to reduce the likelihood that dogs allowed to be at large shall breed unwanted animals, any dog impounded for being at large which previously has been redeemed from the animal care services center after impoundment for being at large shall be spayed or neutered at the redeeming owner's expense prior to a second or subsequent redemption. The animal care services manager may waive this requirement when there are extenuating circumstances that justify waiver.

In the event the animal care services manager determines that a dog shall be spayed or neutered at the redeeming owner's expense prior to redemption, the animal care services manager shall notify the owner of this requirement in writing and inform the owner of the owner's right to appeal as provided by this section.

The owner of the animal may, prior to the date specified by the animal care services manager in the written notice, appeal the determination of the animal care services manager by filing a notice of such appeal with the animal care services manager. The city manager shall appoint a hearing officer, who may be an employee of the city.

The hearing shall be informal. The hearing officer shall determine, based on evidence presented, whether the animal care services manager correctly determined that the requirement to spay or neuter applies, and if so, whether there are any extenuating circumstances which justify waiver of the requirement to spay or neuter, or waiver of the requirement that the owner pay for the procedure. The decision of the hearing officer shall be final. (Ord. 2010-013 § 1; prior code § 6.07.086)

In the event it is necessary for the animal care services manager to cause the impoundment of any large quadruped domestic animal of the type specified in Section 9.44.180(A) of this chapter or any wild animal, there shall be collected from the owner of such animal, in addition to all other fees, a capture fee according to a schedule established by resolution of the city council. (Ord. 2010-021 § 12; prior code § 6.07.087)

A. Except as otherwise specified in this chapter, any person violating any provision of this chapter is guilty of an infraction, punishable as follows:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same section within one year;

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same section within one year.

B. For the purposes of subsection A of this section, multiple violations occurring at the same time are not considered subsequent violations that qualify for the increased fine amounts; however, each violation is punishable by a separate fine.

C. Any person violating Section 9.44.100, 9.44.660, or 9.44.770 is guilty of a misdemeanor punishable as set forth in Section 1.28.020. Any person violating Section 9.44.680 is guilty of a misdemeanor punishable as set forth in that section.

D. If the person no longer possesses the animal, he or she is still responsible for any and all fines assessed. (Ord. 2015-0008 § 6)

In addition to criminal sanctions and other remedies set forth in this code, the city may impose administrative penalties for all violations of this chapter. Administrative penalties shall be imposed, enforced, collected and reviewed in compliance with the provisions of Section 1.28.010 of this code. However, for the specific violations listed in the subsections of this section, the amount of the administrative penalty shall be as stated in that subsection rather than Section 1.28.010 of this code. For all other violations of this chapter not stated in the subsections of this section, the amount of the administrative penalty shall be determined as stated in subsection (D)(3)(a)(b)(c) and (d) of Section 1.28.010 of this code.

A. Any person violating subsection A or C of Section 9.44.490 of this chapter, or subsection A or C of Section 9.44.430 of this chapter shall be subject to the following administrative penalties: upon the first violation, a fine of three hundred dollars ($300.00) for each animal with respect to which there is a violation. If the person complies with the applicable section within fourteen (14) days after receiving notice of said violation and presents proof of compliance to the animal care services manager, the fine shall be waived; upon a second or subsequent violation, a fine of not less than five hundred ($500.00) for each animal with respect to which there is a violation. If the person no longer possesses the animal, he or she is still responsible for any and all fines assessed to him or her.

B. Any person violating any section of Article X of this chapter, subsection B or (F)(3) of Section 9.44.490 of this chapter, or subsection B or (F)(3) of Section 9.44.430 of this chapter shall be subject to the following administrative penalties: upon the first violation, a fine of five hundred dollars ($500.00) for each animal with respect to which there is a violation, and a second or subsequent violation, a fine of not less than one thousand dollars ($1,000.00) for each animal with respect to which there is a violation. If the person no longer possesses the animal, he or she is still responsible for any and all fines assessed to him or her.

C. Any person violating any other subsection of Section 9.44.490, any other subsection of Section 9.44.430, any other section of Article IV, or any other section of Article V shall be subject to the following administrative penalties: upon the first violation, a fine of one hundred dollars ($100.00) for each animal with respect to which there is a violation. If the person complies with the applicable section within fourteen (14) days after receiving notice of said violation and presents proof of compliance to the animal care services manager, the fine shall be waived; upon a second or subsequent violation, a fine of not less than five hundred dollars ($500.00) for each animal with respect to which there is a violation. In the event that the person no longer possesses the animal, he or she is still responsible for any and all fines assessed to him or her.

D. A minimum of fifty (50) percent of all penalty fees collected pursuant to this section and fifty (50) percent of all unaltered license fees collected by animal care shall be placed in a sterilization fund and used to finance public or private programs that provide sterilization programs to low-income individuals or families in the city. (Ord. 2010-022 § 2; Ord. 2007-020 § 2)