San Luis Obispo County Municipal Code Ch. 9.04 Impoundment of Animals

(a) Any person finding a lost, stray or stolen animal shall notify the division by any means available within twenty-four hours of the event and provide his or her name, address, phone number, a description of the animal, and the time and location at which it was found.

(b) Any person having custody of a lost, stray, or stolen animal shall surrender such animal to the division upon demand of the chief animal control officer. Failure to comply with this provision is a misdemeanor.

(Ord. No. 3498, 11-7-23)

(a) Upon impounding any animal with identification, the division shall make reasonable efforts to notify the owner or custodian of the impoundment within twenty-four hours, excluding Sundays and holidays. The owner or custodian shall also be notified that the animal must be redeemed within three business days and, that unless so redeemed, the animal may be disposed of in a manner as provided by this title.

(1) Notification may be made by direct oral communication, telephone message, or posting of written notice at the address listed upon the animal's identification.

(b) The division shall maintain a listing which includes the description, date of impound, and location taken up for all animals impounded by the division or reported as found by a private person. This information shall be made available to the public by means of a recorded phone message, website or any other reasonable means deemed appropriate by the chief animal control officer.

(Ord. No. 3498, 11-7-23)

(a) The division may take into custody:

(1) Any animal found running at large contrary to the provisions of this title or other applicable statute.

(2) Any animal delivered to the division by a peace officer as defined by California Penal Code Sections 830.1-830.9.

(3) Sick, injured, or abandoned animals for which the owner or custodian cannot be located or is unable or unwilling to provide appropriate care.

(4) Any animal which presents an active or immediate health or safety risk to the public or other animals.

(5) Any animal whose owner or custodian has failed to provide it with necessary sustenance, drink, shelter, and veterinary care.

(6) Any animal which is confined inhumanely or subject to needless suffering, torment, or otherwise cruel and unnecessary treatment.

(7) Any animal which by law the division is authorized to impound.

(b) Any owner or custodian of an animal who believes that the animal has been unlawfully impounded may request a hearing before the chief animal control officer to determine the issue of whether it was lawfully seized and impounded.

(1) The chief animal control officer or his or her designee shall conduct such hearing within seven calendar days of the request.

(2) In the event the animal is determined to have been unlawfully impounded, the division shall refund to the owner or custodian any and all fees associated with the impound other than those associated with the licensure of the animal as required by this title or those due to any veterinary or special care fees necessary for the health and safety of the animal.

(Ord. No. 3498, 11-7-23)

(a) The owner or custodian of any animal taken up and impounded under the provisions of this title may, at any time before the adoption or disposal thereof, redeem such animal by paying to the division the fees and charges prescribed by this title and any other applicable statutes which have accrued up to the time of such redemption.

(b) Any person seeking to redeem an animal impounded under the terms of this provision shall demonstrate to the satisfaction of the division that he or she is the owner or duly authorized custodian of the animal.

(c) Any person who is denied the redemption of an animal shall be provided written notification of the basis of the denial and afforded the opportunity to make the corrections necessary to secure the redemption of the animal during which time the animal shall remain in the division's custody.

(d) Any person who is denied the redemption of an animal may request a hearing before the chief animal control officer into the validity of the denial. The chief animal control officer or his or her designee shall conduct such hearing within two business days of the request.

(e) Failure of a person denied the redemption of an animal to implement the necessary corrections or to request a hearing into the denial within seven days shall be deemed abandonment of the animal which may then be disposed of by the division in a manner provided by this title.

(Ord. No. 3498, 11-7-23)

The division is hereby authorized to administer to any impounded animal such vaccinations, preventative medical treatment, or parasite controls as may be deemed necessary to promote the health and welfare of the animal or of other impounded animals. The cost for the administration of such medications or treatment may be included in the calculation and assessment of impound fees.

(Ord. No. 3498, 11-7-23)

(a) Unless otherwise specified within this title or by California state code, any household pet impounded under the provisions of this title shall be held by the division and kept available for owner redemption for a period of no less than three business days, not including the day of impoundment.

(b) Calculation of the holding period for animals impounded with current identification as defined by Section 9.01.003(v) shall commence upon notification to the owner or custodian of the impoundment. If such notification is not made, the holding period for such animals shall be no less than seven calendar days.

(c) Any animal surrendered to the division by its lawful owner may, at the division's discretion, be made immediately available for adoption.

(Ord. No. 3498, 11-7-23)

(a) The division shall immediately notify the office of the California State Secretary of Agriculture and provide a description of any impounded bovine, horse, mule, or burro having been found at large.

(b) Any livestock animal found at large shall be held by the division and kept available for owner redemption for a period of no less than ten business days, not including the day of impoundment.

(c) The division may authorize an individual finding any livestock animal other than a bovine roaming at large to maintain custody of the animal pending identification of the owner, provided they keep it adequately confined and provided with appropriate care. If the owner is not identified after thirty days, the finder may establish ownership of the animal as provided in Section 9.04.009. The individual finding the animal roaming at large may at any time turn such animal over to the division.

(Ord. No. 3498, 11-7-23)

(a) Before an impounded animal is released to the owner or custodian, he or she shall pay fees to the division for the following:

(1) Any applicable license fee and late penalty for the animal;

(2) An impound fee which shall be set to increase sequentially for the second, third, and subsequent impounds of the same animal within a one-year period. The first impound fee shall be waived for any dog wearing a current license tag at the time of impound;

(3) A boarding fee for each day, or portion thereof, that the animal remains in the division's custody beginning the day following the date of impound;

(4) Any veterinary or special care fees assessed to, or incurred by, the division as a result of the impound of the animal. Payment of these fees does not constitute a guarantee against any future billing of the owner or custodian by a veterinarian or animal care provider for fees not yet assessed to the division or for the value of any discounted service provided to the division.

(5) Any other fee established within the provisions of this title or by California state statute.

(b) The above fees shall be set by the board of supervisors by ordinance or resolution and may be amended from time to time.

(c) Any owner or custodian who refuses or fails to redeem an animal upon notification of its impoundment shall remain liable for all costs associated with its impoundment and incurred through the duration of its holding period.

(Ord. No. 3498, 11-7-23)

At any time after the expiration of the applicable holding period, the division may, without further notice and without advertising in any manner, adopt out any animal not reclaimed or redeemed provided that:

(a) No animal be adopted, given, or otherwise transferred to any individual, organization, or business for the purpose of being utilized in biomedical, pharmaceutical, or other laboratory testing or research.

(b) No dog or cat shall be adopted, given, or otherwise transferred to any person, organization, or business, other than a non-profit humane organization, unless it has been previously spayed or neutered, or unless a veterinarian licensed to practice in the state of California certifies that it is too sick to undergo such a procedure, in which case the adopter shall pay to the division a deposit of no less than fifty dollars.

(1) The deposit shall be returned to the adopter upon provision of proof of alteration to the division.

(2) Failure to provide proof of alteration or a renewed veterinarian's certification that the animal remains too ill to undergo surgery to the division within sixty days of the date of the deposit shall result in forfeiture of the deposit.

(Ord. No. 3498, 11-7-23)

(a) Any impounded animal which, upon the conclusion of its holding period, has not been redeemed by its owner or which has not been adopted may be humanely euthanized by the division in its discretion.

(b) Any owner surrendered animal which has not been reclaimed by its owner within a period of time equivalent to the holding period for impounded stray animals as set forth in Section 9.04.006 may be humanely euthanized by the division in its discretion.

(c) Any impounded or owner surrendered animal, regardless of its holding period, may be euthanized by the division upon diagnosis or recognition of an illness or injury causing irremediable suffering.

(d) The division may provide for the humane euthanasia of animals upon request and certification by the owner that the animal:

(1) Has an illness or injury causing substantial suffering, discomfort, or malaise; or

(2) Demonstrates unprovoked aggression towards people or domestic animals; or

(3) Demonstrates undesirable behavior which is unmanageable and incompatible with the keeping of the animal as a domestic pet.

(Ord. No. 3498, 11-7-23)