Sebastopol Municipal Code Ch. 6.12 Impoundment

The City Council may provide, by contract, for the execution of the office and duties of Shelter Director or Animal Control Officer by any person authorized or organized under the laws of the State of California to act for the humane treatment of animals or to prevent cruelty to animals. The Shelter Director and her/his deputies may collect license, impoundment, quarantine, adoption and other fees as approved by the City.

All money collected by the Shelter Director together with all or a portion of the money collected from the sale of licenses for dogs in the City may be retained by or paid over to the Shelter Director in payment for the work, labor and duties performed by the Shelter Director in operating the City shelter or other like facility. The Shelter Director shall file a quarterly report with the City as may be required by the Mayor or City Manager or as may be provided by agreement.

The Shelter Director shall keep such records as the Council, City Manager or agreement may prescribe. Such records shall at all times be available for inspection by the Council or City Manager or his/her designee.

Any Animal Control Officer may seize and impound an animal for a violation of any provision of this chapter or State law in any of the following situations where the owner of the animal is not present and the Officer has reasonable cause to believe that such seizure is necessary for any of the following reasons:

A. To protect public safety and welfare.

B. To protect an animal which is injured, sick or starving.

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

D. To protect a domestic animal from imminent risk of harm.

Upon the impoundment of any such animal, the owner/guardian shall be notified and may request a hearing and determination in accordance with the provisions of this chapter.

The Shelter Director shall provide all animals in his/her custody with proper food, water, and shelter and shall give them all necessary care and attention.

A. If any animal impounded under this chapter is found by the Animal Control Officer to be duly licensed, the Animal Control Officer shall immediately mail notice by certified mail to the registered owner/guardian of such dog at the address given in the license application for the dog. Such notice shall state that the animal has been impounded, the date and place of impoundment, a description of the animal, where the animal is being held, the name, address, and the telephone number of the agency or person to be contacted regarding release of the animal, and an indication of the ultimate disposition of the animal if no action to regain it is taken by the owner/guardian within 10 days after the mailing of such notice. Any dog or other animal picked up and impounded pursuant to this chapter may be recovered by the owner only upon payment of the charges and costs of redemption of impounded animals as provided in SMC 6.12.080.

B. If the owner/guardian of an impounded animal is unknown, the above notice, in lieu of mailing, shall be posted in a public place. The required holding period for a stray animal shall be six business days, not including the day of impoundment, except that if the shelter is open one weekday evening until 7:00 p.m. or one weekend day, then the holding period shall be four business days, not including the day of impoundment.

Redemption of an impounded animal shall be made by presenting to the Shelter Director any required license certificate and identification tag issued by the Shelter Director and otherwise by establishing ownership and by paying to the Shelter Director the redemption fee and all other proper fees and charges accrued as provided for in this chapter. If the impounded animal is subject to license under this chapter, the owner shall comply with the licensing requirements of the animal prior to its release. Upon such redemption being made, the Shelter Director shall release the animal.

No dog or other animal shall be released by the Shelter Director or her/his deputies until all charges, costs of redemption, and costs of current year’s license charge, if any, have been paid by the owner. The charges and costs of redemption to the owners of impounded animals shall be set by resolution of the City Council in the following categories: (A) a fee for each dog or other animal impounded for violation of this title, and in addition, (B) a fee for the actual cost of board, feed and veterinary care for each day or fractional day of impoundment, shall be due and payable from the owner to the keeper of the impounded animal(s). Upon a second impoundment of the same animal, such animal shall be altered and microchipped before being released to the owner and the cost of such surgery and microchipping shall be added to the redemption fee. The Animal Control Officer is authorized to reduce any fee or penalty if hardship or other good cause exists to justify the reduction.

If the owner of a dog or other animal wishes to challenge the impoundment, such owner shall personally deliver or mail a written request for a hearing to the Animal Control Officer. Such notice shall be received by the Animal Control Officer within 96 hours after impoundment. If a valid request for a hearing is filed, the Animal Control Officer shall set the time and place for the hearing before the Animal Control Officer and a City representative and give notification of such to the owner within 36 hours.

The Shelter Director shall keep any impounded animal for the period set forth in SMC 6.12.060 and for such longer period as may be required for any notice to be given under this chapter. At any time after the expiration of such period of time, the Shelter Director may, unless the animal is redeemed by the owner or unless a bona fide home has been obtained for such animal, destroy the same in a humane manner.

Any animal which is voluntarily surrendered to or deposited with the shelter shall be held for the same holding period and with the same requirement of care as stray animals, except that the period for owner redemption shall be one day, not including the day of impoundment, and the period for owner redemption or adoption shall be the remainder of the holding period. This holding period is excepted if the animal is determined by a veterinarian to be irremediably suffering, in which case he/she may be euthanized in a humane manner immediately.

No impounded animal shall be redeemed by the owner or placed for adoption unless the person receiving the animal provides proof, satisfactory to the Shelter Director, that the animal will be maintained in accordance with the provisions of this chapter and State law.

No animal impounded pursuant to this chapter or voluntarily surrendered to or deposited with the shelter shall be redeemed, placed for adoption or otherwise released to any person, institution, or public agency for any research purposes, including, but not limited to, biomedical research, experimentation, instruction, toxicity testing or product testing, that is invasive or harmful to the animal.

No liability shall be incurred by the City for the impoundment, redemption or disposition of an animal made pursuant to this chapter.

If an impounded animal is made available for adoption, such animal may be adopted by any qualified person upon submission of an application and payment of an adoption fee, the amount of which shall be established by resolution of the City Council. If such animal is subject to license and/or spaying or neutering under this chapter, then the person adopting the animal shall, prior to the animal’s release, comply with the licensing and/or spaying/neutering requirements for the animal.

Upon the recommendation of the Animal Control Officer the fees provided for in this chapter can be waived when animals have been impounded because of conditions within the City or the immediate area due to fire, flood, earthquake, storm or other natural disaster.

Violation of any of the provisions of this chapter shall be deemed to be an infraction unless otherwise designated.