San Marino Municipal Code Art. 06 Impoundment

The City Council shall designate the Animal Control Officer for the City and the City animal pound by resolution. (Ord. 973, 2-20-90)

It shall be the duty of the Animal Control Officer and members of the Police Department to impound or cause to be impounded in the City animal pound, and to keep or cause to be kept confined in the pound, any of the following:

A. Any dog or other animal without a current license tag issued by this City or other governmental agency.

B. Any dog or other animal which is found unattended in the streets, alleys or public places or upon any vacant, unoccupied or unenclosed lots, lands or premises within the City.

C. Any animal not permitted to be kept in the City.

D. Any dog or animal kept in a condition in violation of the City Code. (Ord. 973, 2-20-90)

Any officer of the Police Department, the Animal Control Officer or any employee or officer of the animal pound shall have the right to enter upon any private property in the City in order to examine or capture any animal thereon or therein; provided, however, that no such officer or employee shall have the right to enter a house which is in use as a residence without first having secured an inspection warrant therefor. (Ord. 973, 2-20-90)

No animal impounded by the City shall be released to any person except where the following conditions have been met:

A. There has been presented to the poundmaster a current license for such animal issued by the City Clerk, or if the person keeping, harboring or having such animal is not a resident of the City, such nonresident person has presented to the poundmaster a current license for such animal issued by any other appropriate governmental agency.

B. There has been paid to the poundmaster the impounding, collection and other fees as provided by law.

C. If the dog has not been vaccinated, that such vaccination has taken place and the appropriate fee has been paid.

D. The poundmaster has determined that such animal does not have and is not reasonably suspected of having rabies.

E. If the poundmaster suspects that any impounded animal has rabies, the animal shall be held for inspection by the County Health Officer.

1. If the Health Officer determines the animal has rabies, the animal shall be confined or disposed of as determined by the Health Officer.

2. If the Health Officer determines that such animal may develop rabies, it shall be confined for such time as the Health Officer shall direct.

3. If the Health Officer determines that such animal does not have rabies, it shall be released in accordance with this Section. (Ord. 973, 2-20-90)

If, after the time required by law to hold an impounded animal for redemption by the owner, the owner has failed to redeem such animal, the animal may be redeemed by any other person upon compliance with Section 06.06.04 of this Article. (Ord. 973, 2-20-90)

Animals not redeemed as provided by this Article shall be destroyed and buried by the officials of the pound or disposed of as permitted by law provided that written notice to the owner has been given (if such owner is known) and at least seventy two (72) hours have elapsed from the time the dog was impounded. (Ord. 973, 2-20-90; 1994 Code)