Santa Barbara County Municipal Code § 7-17 Procedure when person takes custody of any non-restrained animal

(a) It shall be unlawful for any person owning or having custody and control of any animal to fail to keep such animal under restraint when such animal is in or upon any public or private property or area without the express permission of the owner or custodian of such property or area.

(b) It shall be unlawful for any person owning or having custody and control of any animal to stake out or tether such animal in such a manner that would permit or allow such animal to go in or upon any public or private property or area without the express permission of the owner or person in possession and control of such property or area.

(c) It shall be unlawful for the owner or person having custody and control of any female dog in heat to fail to confine or enclose such female dog so that she cannot come in contact with any male dog except for the purpose of planned breeding.

(d) Any animal not kept under restraint or so confined or enclosed is hereby declared to be a menace and a nuisance to public health and safety.

(e) The county may seize and impound any animal not kept under restraint or so confined or enclosed.

(Ord. No. 4948, 11-17-2015)

County animal shelters shall keep accurate records on each animal taken up, medically treated, euthanized or impounded. The records shall include all of the following information and any other information required by the California Veterinary Medical Board:

(a) The date the animal was taken up, medically treated, euthanized or impounded.

(b) The circumstances under which the animal was taken up, medically treated, euthanized or impounded.

(c) The names of the personnel who took up, medically treated, euthanized or impounded the animal.

(d) A description of any medical treatment provided to the animal and the name of the veterinarian of record.

(e) The final disposition of the animal, including the name of the person who euthanized the animal or the name and address of the owner reclaiming the animal, the name and address of the adopting party or the entity receiving the animal as a transfer. These records shall be maintained for three years after the date the animal's impoundment ended.

(Ord. No. 4948, 11-17-2015)

(a) (1)

Except as provided in subsections (c), (d), (e) and (g) of this section, any stray cat or dog impounded shall remain so for a period of six business days, not including the day of impoundment, except if the county animal shelter has made the animal available for owner redemption on one weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. The animal shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption the remainder of the holding period.

(2) After the expiration of such four- or six-day stray holding period set forth in subsection (a)(1) of this section, the county may continue to hold the animal for adoption or humanely euthanize any animal not reclaimed or adopted. Prior to the euthanasia of that animal for any reason other than irremediable suffering, the county shall release the animal to a nonprofit animal rescue or adoption organization, as defined in Section 501(c)(3) of the Internal Revenue Code, if requested by the organization prior to the scheduled euthanasia of the animal. However, the county shall not release either of the following:

(i) A dog that has been seized pursuant to section 7-56 for which a vicious dog hearing pursuant to section 7-57 has not yet been held; or

(ii) A dog that has been ordered to be euthanized pursuant to section 7-59.

(3) During any period in which an animal is available for both owner redemption and adoption, requests for owner redemption and adoption will be considered in the order in which they are received.

(b) All other stray animals that are typically impounded by the shelter, and legally allowed as personal property, shall remain impounded for a period of six business days, not including the day of impoundment, except if the shelter has made the animal available for owner redemption on one weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. The animal shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption the remainder of the holding period. After the expiration of such four- or six-day holding period, the county may continue to hold the animal for adoption or humanely euthanize any animal not reclaimed or adopted. Prior to the euthanasia of that animal for any reason other than irremediable suffering, the county shall release the animal to a nonprofit animal rescue or adoption organization, as defined in Section 501(c)(3) of the Internal Revenue Code, if requested by the organization prior to the scheduled euthanasia of the animal.

The owner or custodian of any animal impounded may at any time before the adoption, transfer or other disposition of such impounded animal, reclaim such animal during the county business hours upon a payment to the county of any charge, fee or penalty due under the provisions of this chapter, except as otherwise provided in this chapter or by law.

(c) If it is determined by a California licensed veterinarian or by the animal services director or designee that any animal impounded is irremediably suffering from a serious illness or severe injury, such animal shall not be held for owner redemption or adoption and may be humanely euthanized. After best efforts by animal services to find a rescue partner or foster placement, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption.

(d) If an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in subsection (a) of this section for owner redemption and adoption. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit animal rescue or adoption organization as defined in Section 501(c)(3) of the Internal Revenue Code, that agrees to the spaying or neutering of the cat if it is not already spayed or neutered.

(e) Except as provided in subsection (c) of this section, any animal relinquished by the purported owner that is of a species impounded by the shelter, shall be held for two full business days, not including the day of impoundment. The animal shall be available for owner redemption or adoption for the holding period. After the holding period, the animal may be held longer, adopted, euthanized or transferred to a nonprofit animal rescue or adoption organization, as defined in Section 501(c)(3) of the Internal Revenue Code, under the same conditions and circumstances provided for stray animals in subsection (a) of this section. However, the county shall not be required to release any dog that has a history of vicious or dangerous behavior documented by the county. Such dogs may be made available for immediate euthanasia.

(f) Except as provided in subsections (a), (b), (c), (d), (e) and (g), the animal services director may establish minimum holding periods and terms and conditions for release, adoption, transfer or euthanasia of other species of animals impounded by the shelter.

(g) This section shall not apply to any of the following animals:

(1) Animals impounded for biting pursuant to section 7-23;

(2) Animals impounded for rabies control purposes;

(3) Wild animals subject to euthanasia, release, relocation or other disposition under applicable laws;

(4) Animals held in protective custody.

(h) The county may not release or transfer title to any impounded live animal to anyone for the intended use of the animal for research or testing, or for use for fur or as food for humans or for other animals.

(i) The county shall, prior to adoption, transfer or euthanizing any animal, attempt to notify the owner or person entitled to custody and control of such animal. The county shall also provide the owners of lost animals and those who find lost animals with all of the following:

(1) Ability to list the animals they have lost or found on "Lost and Found" lists maintained by the shelter;

(2) Referrals to animals listed that may be the animals the owners or finders have lost or found;

(3) The telephone numbers and addresses of other pounds and shelters in the same vicinity;

(4) Advice as to means of publishing and disseminating information regarding lost animals;

(5) The telephone numbers and addresses of volunteer groups that may be of assistance in locating lost animals.

(j) In addition to any required spay or neuter deposit, the board of supervisors may by ordinance establish fees, not to exceed the standard adoption fee, for animals released to nonprofit animal rescue or adoption organizations pursuant to this section.

(Ord. No. 4948, 11-17-2015)

The owner or custodian of any animal impounded may at any time before the adoption, transfer or other disposition of such impounded animal, reclaim such animal during the county business hours upon a payment to the county of any charge, fee or penalty due under the provisions of this chapter, except as otherwise provided in this chapter or by law.

(Ord. No. 4948, 11-17-2015)

Any horse, mule, burro, sheep, goat or swine impounded by the county, unless claimed by the person or owner entitled to custody thereof, may after seventy-two hours be released for adoption or transfer or other disposition as deemed appropriate.

(Ord. No. 4948, 11-17-2015)

(a) No dog or cat shall be released by the county for adoption unless such dog or cat is spayed or neutered.

(b) If a veterinarian licensed to practice veterinary medicine in California certifies that the dog or cat is too sick or injured to be spayed or neutered, or that it would be otherwise detrimental to the health of the dog or cat, the adopter shall pay animal services a deposit consistent with the amount set for the in California Food and Agricultural Code Section 31761, as this section may be amended from time to time.

(c) The deposit shall be temporary and shall be retained until the dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in California.

(1) The dog or cat shall be spayed or neutered within fourteen business days of that certification.

(2) The adopter shall obtain written proof of spaying or neutering from the veterinarian performing the surgery.

(3) If the adopter presents proof of spaying or neutering to animal services within thirty days of obtaining the surgery, the adopter shall receive a full refund of the deposit.

(4) If the dog or cat is spayed or neutered by animal services, the deposit will be converted to the fee for the service and retained by animal services.

(5) Unclaimed deposits will be forfeited and expended for programs to spay or neuter dogs or cats.

(d) Notwithstanding section 7-10 of article II of this chapter, a violation of this section may be filed as either an infraction or a misdemeanor at the discretion of the Santa Barbara County district attorney.

(Ord. No. 4948, 11-17-2015)

(a) Any person may take temporary custody of any animal not under restraint as required by this article.

(b) It shall be unlawful for any person to fail within twenty-four hours after obtaining temporary custody of such animal to notify the owner or custodian of such animal or animal services of such temporary custody.

(c) The county shall, upon receiving notification under this section, seize and impound such animal.

(d) If an animal impounded under this section is not reclaimed after the expiration of the stray holding period of the impoundment period required by section 7-13 by the owner or person entitled to custody, the person taking temporary custody under this section shall have the first right to adopt such animal, subject to compliance with applicable adoption procedures and approval criteria.

(Ord. No. 4948, 11-17-2015)