Scotts Valley Municipal Code Ch. 6.08 Impoundment

A. It shall be the duty of the poundmaster to impound on sight, after making such investigation as is reasonable under the circumstances for the purpose of locating the owner, any animal found at large contrary to any of the provisions of this chapter or of Division 14 of the Agricultural Code (commencing with Section 30501), and to keep such animal so impounded as provided in this chapter.

B. Whenever an owner is in violation of Section 6.16.010, 6.16.020, 6.16.050, 6.16.055, 6.16.060, 6.16.080 or 6.16.110 or whenever a vicious animal as described in Section 6.04.020(U) or a potentially dangerous dog as described in Section 6.04.020(V) has done any of the acts described in those subsections, the victim or any citizen with personal knowledge may submit to the poundmaster a signed written statement describing the incident and the animal or animals involved.

C. If, after making such investigation as is reasonable under the circumstances to determine the validity of the allegations contained in the statement, the poundmaster, or his designated deputy, finds that the animal or animals should be impounded, he shall personally serve upon the owner written notice of his intent to impound said animal or animals at the expiration of seventy-two hours, and the reasons therefor, a copy of the victim's or citizen's statement, and notice of the owner's right to respond either orally or in writing, to the poundmaster, or his designated deputy, prior to said impoundment.

D. Upon the expiration of the seventy-two-hour period, the poundmaster is hereby expressly authorized to impound said animal or animals whether found on or off the premises of its owner, and to keep or abate any such animal so impounded as provided in this chapter.

E. However, if after making his investigation, the poundmaster, or his designated deputy, finds that extraordinary circumstances exist such that immediate seizure of the animal or animals is necessary to protect the personal safety and/or property rights of the public, the poundmaster is hereby expressly authorized to immediately impound said animal or animals, whether found on or off the premises of its owner and to keep or abate any such animal so impounded as provided in this chapter, without otherwise complying with the requirements of subsection B of this section.

F. Refusal of the owner to release or deliver said animal to the poundmaster, or his designated deputy, upon demand made pursuant to this section is a misdemeanor.

(Ord. 86.2 § 1 (part), 1987; Ord. 86.3[a], § 7, 10-21-09)

When any animal is so impounded, it shall be provided with proper and sufficient food and water by the poundmaster.

(Ord. 86.2 § 1 (part), 1987)

If any animal is properly seized under this chapter, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal. Furthermore, if the charges for the seizure or impoundment and any other charges permitted under this chapter are not paid within fourteen days of the seizure, or, if the owner, within fourteen days of notice of availability of the animal to be returned, fails to pay charges permitted under this chapter and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of by the impounding officer.

(Ord. 86.2 § 1 (part), 1987; Ord. 86.3[a], § 8, 10-21-09)

Editor's note— Ord. 86.3[a], § 9, adopted Oct. 21, 2009, repealed § 6.08.040, which pertained to additional charges for keeping animals and derived from Ord. 86.2 § 1 (part), 1987.

Whenever the poundmaster has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of other animals or of persons, the poundmaster shall immediately seize the animal and comply with the procedure established in Section 6.08.051. In all other cases, the poundmaster shall comply with the provisions of Section 6.08.052. The costs of caring for and treating any animal properly seized under this chapter shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, unless the hearing officer determines that the seizure was unjustified.

(Ord. 86.2 § 1 (part), 1987, Ord. 86.3[a], § 10, 10-21-09)

Whenever the poundmaster seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the poundmaster shall provide the owner or keeper of the animal, if known or ascertained after reasonable investigation, with the opportunity for a post seizure hearing as hereinafter provided to determine the validity of the seizure or impoundment, or both.

A. The poundmaster shall cause a notice to be affixed to conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or send by first class mail, to the owner or keeper within forty-eight hours, excluding weekends and holidays. The notice shall include all of the following:

1. The name, business address and telephone number of the officer providing the notice;

2. A description of the animal seized, including any identification upon the animal;

3. The authority and purpose for the seizure, or impoundment, including the time, place and circumstances under which the animal was seized;

4. A statement that, in order to receive a post seizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the administrative hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the poundmaster within ten days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or first class mail;

5. A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the cost is paid, and that the failure to request or to attend a scheduled hearing shall result in liability for this cost.

B. The post seizure administrative hearing shall be conducted within forty-eight hours of the request, excluding weekends and holidays. The hearing shall be conducted in accordance with the provision of Section 6.08.053.

C. Failure of the owner or keeper, or of his or her agent, to request a hearing within the prescribed time periods, or to attend a scheduled hearing, shall result in forfeiture of any right to a post seizure hearing or right to challenge his or her liability for costs incurred.

D. The poundmaster or the law enforcement agency that directed the seizure shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the post seizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of other animals or person. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal and the animal shall not be returned to its owner until the charges are paid and the poundmaster has determined that the animal is physically fit or the owner demonstrates to the poundmaster satisfaction that the owner can and will provide the necessary care.

(Ord. 86.3[a], § 11, 10-21-09)

Where the need for immediate seizure is not present, the animal control officer shall provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal. The owner shall produce the animal to the poundmaster prior to the hearing unless, prior to the hearing, the owner has obtained consent from and made placement arrangement with the poundmaster that the animal need not be brought to the poundmaster prior to the hearing. Any person who willfully fails to produce the animal or obtain consent from the poundmaster prior to the hearing regarding placement arrangement for the animal is guilty of an infraction, punishable by a fine of not less than two hundred and fifty dollars nor more than one thousand dollars.

A. The poundmaster or law enforcement agency shall cause a notice to be affixed to a conspicuous place where the animal was situated, personally deliver or mail by first class mail, a notice stating the grounds for believing the animal should be seized. The notice shall include all of the following:

1. The name, business address and telephone number of the officer providing the notice;

2. A description of the animal to be seized, including any identification upon the animal;

3. The authority and purpose for the possible seizure or impoundment;

4. A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep animal to the officer providing the notice within two days, excluding weekends and holidays, or the date of the notice;

5. A statement that the cost of caring for an treating any animal properly seized is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request a hearing within the prescribed time period, or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.

B. The preseizure hearing shall be conducted within forty-eight hours, excluding weekends and holidays, after receipt of this request. The hearing shall be conducted in accordance with the procedure established in Section 6.08.053.

C. Failure of the owner or keeper, or his or her agent, to request a hearing within the prescribed time period or to attend a scheduled hearing, shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this chapter.

(Ord. 86.3[a], § 12, 10-21-09)

All hearings conducted pursuant to this chapter shall be conducted by a hearing officer, who shall not have been directly involved in the subject action and shall not be subordinate in rank to the person seizing or impounding the animal. Hearings shall be conducted in the following manner:

A. The hearing officer may continue the hearing for a reasonable period of time, if the hearing officer deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance.

B. The poundmaster shall have the burden of proof to establish, by a preponderance of evidence, the existence of the condition or conditions which give rise to the need for the seizure or impoundment.

C. In a case where the poundmaster is also seeking to terminate the owner's rights in the animal, the poundmaster shall have put the owner or keeper of the animal on due written notice thereof and shall establish the existence of the owner's or keeper's acts or omissions resulting in cruelty or neglect to the animal by clear and convincing evidence to a reasonable certainty.

D. The poundmaster shall present its case first, followed by the party against whom the seizure or impoundment is being proposed. The poundmaster may present rebuttal in the discretion of the hearing officer.

E. Oral evidence shall be taken only on oath or affirmation.

F. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any other matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness and to rebut evidence.

G. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized in the hearing. Irrelevant and unduly repetitious evidence shall be excluded.

H. At the conclusion of the hearing, each side shall be given an opportunity to summarize its position.

I. The hearing officer shall render, in writing, his or her finding, decision and order thereon, and shall give notice, in writing, of the findings, decision and order to the owner or custodian of the animal.

J. In the event a sufficient quantum of evidence presented at the hearing supports a determination for seizure, impoundment and/or termination of the owner's rights in the animal, the hearing officer as a part of his or her decision may order, but is not limited to ordering, that one or more of the following actions be undertaken:

1. That the owner's and/or custodian's rights in the dog, cat or other animal are terminated;

2. That the owner or custodian of the dog, cat or other animal shall remove the animal(s) from the premises by a specified date;

3. That the poundmaster after a specified date, shall impound the animal or animals;

4. That the poundmaster shall sell, give away or otherwise dispose of, the animal(s) with the owner or custodian of the animal(s) being responsible to reimburse the city for all costs and expenses including, but not limited to, board, care, veterinary services, and costs of disposal. If the animal(s) are sold, the proceeds from the sale shall go to the city.

K. A decision upholding seizure or impoundment shall become effective upon issuance.

L. A decision terminating an owner's rights in the animal shall become effective thirty days from the date the decision is mailed unless a stay of execution is granted.

(Ord. 86.3[a], § 13, 10-21-09)

The poundmaster is authorized, directed and empowered forthwith to destroy in a humane manner any animal lawfully impounded which is by reason of disease or injury unfit for further use, or is dangerous to keep impounded.

(Ord. 86.2 § 1 (part), 1987)

It shall be the duty of the poundmaster to dispose of any domestic animal pet or pets at the request of the owner thereof when the owner delivers the pet to the poundmaster.

(Ord. 86.2 § 1 (part), 1987)

A. The poundmaster may, and is authorized and empowered to, destroy in a humane manner, or otherwise dispose of, any animal lawfully impounded without a license or identification tag which remains unclaimed by its owner, if any, for more than seventy-two hours excluding Sundays and holidays.

B. Stray dogs and cats impounded by the poundmaster, if wearing a license or identification tag, shall be held for a minimum period of seven days. During the period that the animal is held by the poundmaster, the poundmaster shall attempt to inform the owner of the location of the impounded animal and how the owner may claim the animal. If telephone contact is unsuccessful, the owner shall be notified by mail sent to the last recorded address of the owner. Seven days after mailed notice is sent, the poundmaster may destroy or otherwise dispose of such animal in a humane manner.

C. Disposal of unclaimed livestock shall be in accordance with applicable provisions of state law.

(Ord. 86.2 § 1 (part), 1987)

The owner of any impounded animal shall have the right to reclaim the same at any time prior to the lawful disposition thereof, provided payment is made to the poundmaster of the costs and charges hereinafter specified for the impounding and keeping of animals; and provided further, that as to any dog without a current license, that a deposit is made with the poundmaster to cover the license fee and the cost of a rabies vaccination.

(Ord. 86.2 § 1 (part), 1987)

Unless impounded animals without a license or identification tag shall have been redeemed within seventy-two hours, or animals wearing a license or identification tag within seven days, they may be sold by the poundmaster to the person offering to pay the highest cash amount therefor, provided all reasonable effort has been made to notify the owner of the animal; and provided further, that the purchaser shall not be given possession of any dog or dogs, including dogs under six months of age, until he has deposited with the poundmaster a sum sufficient to cover the license fee required under Chapter 6.12, together with the cost of a rabies vaccination for any dog which does not have a current vaccination.

(Ord. 86.2 § 1 (part), 1987)

Unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question, any person adopting an unspayed or unneutered dog or cat from any animal shelter, pound, humane society, or SPCA shelter shall have the animal spayed or neutered on or before a date specified in the adoption agreement. On submission of a written statement from a licensed veterinarian to the officer at the shelter or pound responsible for insuring compliance with this section, the adoption agreement will be modified accordingly.

(Ord. 86.2 § 1 (part), 1987)

The poundmaster shall not furnish any animals from the animal shelter for research purposes.

(Ord. 86.2 § 1 (part), 1987)

The poundmaster shall keep a record of the number of all animals impounded, showing in detail in the case of each animal the description, dates of receipt, the date and manner of disposal, the name of any person redeeming or purchasing, and any fees and charges and proceeds of sales received on account thereof, and such additional records as may be required by the city council of the city.

(Ord. 86.2 § 1 (part), 1987)

A. California Food and Agriculture Code sections 31601—31683 shall be operative in the City of Scotts Valley for the control of potentially dangerous and vicious dogs except as modified below.

B. The poundmaster may request a dog be humanely euthanized after it is determined to be vicious. Such request will be made at the time of the hearing. A hearing officer or judge may order a dog be humanely euthanized upon making a determination that the dog is vicious.

C. Conditions for keeping potentially dangerous or vicious dogs. In addition to any conditions ordered by the court any person who has possession of a dog that has been declared potentially dangerous or vicious at a hearing shall comply with the following conditions:

1. All dogs determined after a hearing to be potentially dangerous or vicious dogs shall be properly licensed, micro chipped, and vaccinated at the owner's expense, prior to the release to the dog's owner or custodian or within fifteen days if the dog is not in the custody of animal control. The licensing authority shall include the potentially dangerous designation in the registration records of the dog.

2. A potentially dangerous dog or vicious dog, while on the owner's property, shall, at all times, be kept indoors, or in a securely fenced area from which the dog cannot escape, and into which children cannot enter or trespass. The area must be kept locked at all times with a substantial lock. The fencing and other components of the confinement shall be maintained in good order to prevent escape and to prevent children from entering or trespassing. It shall be within the authority of the poundmaster to require a dog determined to be potentially dangerous or vicious to also be properly muzzled when off its owner's property to prevent harm or injury to the public.

3. A potentially dangerous dog or vicious dog may be off the owner's premises only if it is restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of a responsible adult who is capable of restraining and controlling the dog.

4. The yard or enclosure must be inspected and approved in writing by animal control prior to release of the dog to its owner or custodian if the dog is in the custody of animal control.

D. At no time may a potentially dangerous or vicious dog be left unattended while off the owner's premises except as set forth herein. A potentially dangerous or vicious dog may be boarded at a veterinarian hospital or at a licensed boarding kennel if the owner has informed such facility that the dog has been designated as a potentially dangerous or vicious dog and the facility is able to properly confine the dog.

E. Owners or custodians of potentially dangerous or vicious dogs are subject to the following legal duties:

1. The owner or custodian of the dog shall notify the poundmaster immediately if the dog is at large or has bitten or attacked any person or animal.

2. The dog must be spayed or neutered at the expense of the owner prior to the release of the dog to its owner or custodian or within thirty days of the hearing order if the dog is not in the custody of animal control.

3. A potentially dangerous or vicious dog shall be required to wear at all times a bright fluorescent collar visible at fifty feet in normal daylight, which will be provided by the poundmaster at the owner's expense. The collar shall be maintained in such a manner that the color is visible and shall be worn in such a manner that is clearly visible.

4. The owner or custodian of a potentially dangerous or vicious dog, which has been involved in injury to a human, shall be required to maintain general liability insurance or post bond covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of one hundred thousand dollars per occurrence, and will be required to show proof of such insurance thirty days after the court has made it determination.

5. The owner or custodian of a potentially dangerous or vicious dog must give written notice of the potentially dangerous or vicious dog determination to all of the following entities that apply: local law enforcement agency, fire department, United States Post Office (local branch), all utility companies which provide services to the premises where the dog is kept, veterinarian, grooming facility, homeowner's or renter's insurance carrier and landlord. The notice shall include all of the following: Owner(s) name(s), address, telephone number, the actions of the dog that resulted in the declaration, the designation ("potentially dangerous or vicious"), description of dog, breed, color(s), markings, name, location(s) on property that dog is kept. The owner or custodian shall provide a copy of such notice to the poundmaster within thirty days after the court determination that the dog is a potentially dangerous or vicious dog.

6. The owner or custodian of a dog declared to be a potentially dangerous or a vicious dog after a hearing shall post one or more signs on the premises at a location or locations that would be visible to anyone entering the property at normal access points stating, "A dog which has been determined to be dangerous or vicious lives on this property." The signs shall be in both English and Spanish.

F. When any dog is in the custody of the poundmaster for the purpose of a hearing to determine if it is potentially dangerous, all applicable charges for services performed by the poundmaster pursuant to this section and all fines shall be paid prior to the release of the dog to its owner or custodian. If said charges are not paid or the dog is not claimed within fourteen days after the dog is available to be released to its owner, the date the services are performed, or the order is issued, the dog shall be deemed to be abandoned by the owner, and thereafter subject to disposal by the county. Any dog so abandoned is not adoptable and shall be humanely euthanized by the poundmaster.

G. Any dog that has been designated as a potentially dangerous or vicious dog in any other jurisdiction and has been moved to the City of Scotts Valley shall be subject to all of the provisions of the prior order and shall be maintained in compliance with all the provisions of this chapter.

H. Any dog determined to be potentially dangerous or vicious in the City of Scotts Valley will retain that designation for the remainder of its life. An owner may petition the court having jurisdiction over the matter after the initial thirty-six-month period to submit evidence to support a change or modification of the condition.

I. An additional fee for initial registration shall be charged. The annual dog license fee for a potentially dangerous or vicious dog shall be greater than a non-potentially dangerous or vicious dog license. The additional fee shall be used to defray the cost of record keeping, inspections and administration of potentially dangerous and vicious dog program. The amount of the initial registration fee and dog license fee shall be set by resolution of the board of supervisors.

J. The failure of an owner or custodian of a dog, declared to be potentially dangerous or vicious at a hearing pursuant to California Food and Agriculture Sections and/or this chapter, to comply with any of the conditions of any court order, this section, or conditions imposed by the court is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. 86.3[a], § 14, 10-21-09)

If upon receiving written notification the owner fails to restrain or control a potentially dangerous or vicious dog, as ordered by the director, the owner is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment and the director is empowered to seize and impound the animal at the expense of the owner pending the outcome of a potentially dangerous and vicious dog hearing. The city attorney has the discretionary authority to make violations of this chapter an infraction if the circumstances warrant such an action.

(Ord. 86.3[a], § 15, 10-21-09)

Whenever a dog suspected of being potentially dangerous or vicious is reported, the poundmaster shall investigate the circumstances and if they find that the animal shows a propensity to attack, bite, inflict injury to a human or domesticated animal, or harass people or other animals without provocation, the poundmaster shall notify the owner in writing, stating all the facts and circumstances. The poundmaster may order that the animal be kept within a substantial enclosure or securely fenced area from which the dog cannot escape, and into which children cannot enter or trespass, securely leashed or otherwise controlled. If the owner of the dog cannot provide restraint as so directed by the director within forty-eight hours, the animal shall be temporarily impounded at the expense of the owner pending the outcome a potentially dangerous or vicious dog hearing.

(Ord. 86.3[a], § 16, 10-21-09)

If the animal requires veterinary care and the poundmaster is not assured, within fourteen days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the poundmaster. A veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably ill or crippled. A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.

(Ord. 86.3[a], § 17, 10-21-09)

No animal properly seized under this chapter shall be returned to its owner until, in the determination of the poundmaster or hearing officer, the animal is physically fit or the owner can demonstrate to the poundmaster's or hearing officer's satisfaction that the owner can and will provide the necessary care.

(Ord. 86.3[a], § 18, 10-21-09)

Any peace officer, humane society officer, poundmaster or animal control officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. If the owner does not redeem the animal within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal. Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency clinic which is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility. If the veterinarian determines that the animal shall be hospitalized under proper care and given emergency treatment, the costs of any services which are provided pending the owner's inquiry to the poundmaster shall be paid from the dog license fees, fines, and fees from impounding dogs, subject to the provision that this cost be repaid by the animal's owner. The cost of caring for and treating any animal seized under this section shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decisions, which he or she makes, or for services which he or she provides pursuant to this section. If the poundmaster takes possession of an animal pursuant to this section, he/she shall keep records of the whereabouts of the animal for a seventy-two hour period from the time of possession, and those records shall be available for inspection by the public upon request.

(Ord. 86.3[a], § 19, 10-21-09)