Title 7

Chapter 7.50

San Jose Zoning Code · 2026-06 edition · ingested 2026-07-07 · San Jose

IMPOUNDMENT

Parts:

  1. Steel-jawed traps;

1 Impoundment Provisions

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ANIMAL CARE AND CONTROL

§ 7.50.050

Part 1

IMPOUNDMENT PROVISIONS

Sections:

  • 7.50.010 Hearing prior to animal impoundment.

  • 7.50.020 Summary impoundment of animals.

  • 7.50.030 Notification of impoundment.

  • 7.50.040 Cost of impoundment and boarding.

  • 7.50.050 Waiver of impound and boarding cost.

  • 7.50.060 Redemption of impounded animals.

  • 7.50.070 Disposition of impounded animals.

  • 7.50.080 Post summary impoundment hearing.

  • 7.50.090 Impoundment hearing procedure and hearing decision.

  • 7.50.100 Failure to request impoundment hearing.

7.50.010 Hearing prior to animal impoundment.

  • A. Except as provided in Sections 7.30.020 and 7.50.020, the administrator or animal services officer may not impound an animal without the consent of the owner/guardian or person with a right to control the animal, unless a hearing is held under Section 7.50.090 or Section 7.30.300 for a potentially dangerous, dangerous, or vicious dog.

  • B. If the owner/guardian or person with a right to control the animal does not consent to an impoundment of his or her animal, an animal services officer may request a date and time for a hearing from the hearing officer and the hearing officer must cause the issuance of a notice commanding the person to appear before the hearing officer at that time.

  • C. If the hearing officer finds a violation of Title 7 has occurred based on a preponderance of the evidence, he or she may order the animal be impounded.

  • (Ord. 28079.)

7.50.020 Summary impoundment of animals.

Except as provided in Section 7.30.020, an animal services officer may impound an animal for violation of any provision of this title or state law prior to a hearing in any of the following situations where the owner/guardian and person with a right to control the animal is not present and where the officer reasonably believes that such impoundment is necessary:

  • A. To protect the public health, safety, and public and private property;

  • B. To protect an animal which is injured, sick, or starving and must be cared for; or

  • C. To protect from injury an animal that has strayed onto public property or public right-of-way.

  • (Ord. 28079.)

7.50.030 Notification of impoundment.

An animal services officer must give notice of impoundment to the owner/guardian of the impounded animal or person with a right to control the impounded animal if he or she is known. (Ord. 28079.)

7.50.040 Cost of impoundment and boarding.

The administrator may recover the cost to impound and board the animal from either the owner/guardian or person with a right to control the animal, in an amount as set forth in the schedule of fees adopted by resolution of the city council. (Ord. 28079.)

7.50.050 Waiver of impound and boarding cost.

  • A. Except as specified in Subsection B., the administrator may waive the cost of impoundment and boarding only for the first impoundment of the animal, in cases of hardship.

  • B. The hardship waiver may not be granted in the following cases:

    1. A record of a prior conviction of any offense(s) involving state, county, or city animal control laws;

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SAN JOSÉ CODE

§ 7.50.050

  1. A record with the city of a violation of any offense(s) involving state, county, or city animal control laws.

  • C. The administrator may determine that a waiver of the fees be given for hardship. A hardship waiver is based on a proven inability to meet ongoing family expenses for the necessities of living including, but not limited to, food, clothing, and shelter.

  • (Ord. 28079.)

7.50.060 Redemption of impounded animals.

  • A. No animal may be redeemed without compliance with the licensing and permit provisions of this title.

  • B. No animal may be redeemed without payment for the cost of impounding and boarding the animal unless Section 7.50.050 applies. The city may send either the owner/guardian or person with a right to control the impounded animal an invoice for the cost of impoundment and boarding.

  • (Ord. 28079.)

7.50.070 Disposition of impounded animals.

  • A. No animal may be disposed of until the state mandated holding period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended, of four (4) business days, not including the day of impoundment, have elapsed from the time of impoundment.

  • B. Notwithstanding the foregoing, if an animal which has been determined by a veterinarian licensed by the State of California or by other city personnel authorized by the administrator to be diseased or injured to the extent that emergency veterinary care will not alleviate the animal's intense suffering, the animal may be destroyed in accordance with state law.

  • (Ord. 28079.)

7.50.080 Post summary impoundment hearing.

  • A. If either the owner/guardian of the animal or person with a right to control the animal chal-

lenges the grounds of the summary impoundment, that person may personally deliver or mail to the administrator a written request for a hearing. Such a request must be received by the administrator within the state mandated holding period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended, of four (4) business days, not including the day of impoundment.

  • B. The administrator must promptly request the time and place for the hearing before the hearing officer and the hearing officer must cause notice of such hearing to be deposited in the mail addressed to all parties at least ten (10) days before the date of hearing.

  • C. The procedure for the hearing is set forth in Section 7.50.090.

  • D. Potentially dangerous, dangerous, or vicious dogs are subject to the hearing procedure of Chapter 7.30.

  • (Ord. 28079.)

7.50.090 Impoundment hearing procedure and hearing decision.

  • A. At the impoundment hearing, the owner/ guardian of the animal or person with a right to control the animal and the administrator may be represented by counsel, may present oral and written evidence, and may crossexamine witnesses. Strict rules of evidence do not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The decision of the hearing officer must be supported by the preponderance of the evidence and is final. The administrator and owner/guardian of the animal or person with a right to control the animal may be served personally or by firstclass mailed, postage prepaid, written notice of the decision within fifteen (15) days of the conclusion of the hearing.

  • B. The hearing officer may decide that the owner/ guardian of the animal or person with a right to control the animal will lose all rights of

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ownership/guardianship and control of the animal, and may order that the animal be destroyed if the animal has bitten or injured a person on one (1) or more occasions. The hearing officer may declare an animal to be dangerous as defined in this title and be subject to the permit requirements for maintaining a dangerous animal under Part 9 of Chapter 7.60. Before the animal is released to either the owner/guardian or person with a right to control the animal, the hearing officer may require that he or she obtain a dangerous animal permit under Section 7.60.910 and sign a commitment which contains one (1) or more conditions, such as, but not limited to, the following:

  1. To keep the animal confined to the premises of the owner/guardian or person with the right to control the animal and in an enclosure approved by the administrator;

  2. To keep the animal securely muzzled, leashed, and under the direct physical restraint of a person eighteen (18) years of age or older who is physically capable of restraining the animal when the animal is off of the property of the owner/ guardian or person with the right to control the animal;

  3. That a violation of this commitment may result in the animal being impounded and destroyed;

  4. To prove financial responsibility by posting a bond or certificate of insurance in the amount of ten thousand dollars ($10,000.00), or more as determined by the administrator with the advice of the City of San José Risk Manager;

  5. To inform the administrator, any city or county employee, any postmaster, utility company meter reader, and anyone else who enters the property with implied consent or who enters the property peaceably and lawfully, of the animal's danger-

ousness if the animal is moved and maintained in any other area of the city for more than twenty-four (24) hours;

  1. To care for the animal consistent with Chapter 7.20 of this title;

  2. To have the animal complete obedience and training classes; and

  3. To provide the animal with microchip identification.

  • C. Failure to comply with any condition of the hearing officer's decision is a violation of this section and would subject the dangerous animal to summary seizure and disposal in accordance with the law.

  • (Ord. 28079.)

7.50.100 Failure to request impoundment hearing.

Any person who fails to submit a written request for a hearing after any seizure or impoundment by an animal services officer within the state mandated holding period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended, of four (4) business days, not including the day of impoundment, will forfeit all rights of ownership/guardianship and control of the animal to the City of San José. Upon such forfeiture, the administrator determines the final disposition of the impounded animal in accordance with the law.

(Ord. 28079.)