Sonoma Municipal Code Ch. 8.14 Impoundment

Any animal which is engaged in an activity or existing in a condition prohibited by this chapter or state law may be impounded pursuant to the provisions of this chapter. (Ord. 05-2012 § 2, 2012).

The animal care and control officer shall seize any animal when there is reason to believe it is infected with rabies, and take that animal to a veterinarian for examination. If the veterinarian concurs that the animal may be infected with rabies, the animal care and control officer shall impound such animal for the period mandated by the laws of this state and shall notify Sonoma County animal regulation, the agency responsible for rabies monitoring in this county. The animal’s owner shall be charged for all costs incurred or fees applicable, with respect to the examination, confinement, or impoundment of the animal. The redemption fees in SMC 8.14.090 do not apply to an animal quarantined for rabies observation. (Ord. 05-2012 § 2, 2012).

California Penal Code Section 597.1 shall be operative and enforced by the chief of police. Seizure and impoundment shall be made pursuant to Section 597.1. If requested, a hearing regarding the impoundment of the subject animal shall be held pursuant to this chapter. (Ord. 05-2012 § 2, 2012).

Every impounded animal shall be inspected for the presence of a license, tattoo, implant or other form of identification at the time of impoundment. The animal care and control officer shall ensure that all impounded animals receive suitable and adequate food, water, shelter, and medical care. (Ord. 05-2012 § 2, 2012).

The animal care and control officer may immediately seize and impound an animal for violation of this chapter or the laws of this state without providing a pre-impoundment notice of hearing under the following circumstances:

A. The owner and/or possessor of the animal provides consent for the impoundment;

B. The animal is at large;

C. The animal care and control officer has reasonable grounds to believe that the animal may be rabid;

D. The animal care and control officer has reasonable grounds to believe that the dog is a potentially dangerous or vicious dog in accordance with the provisions of Chapter 8.12 SMC;

E. To protect an animal which is injured, sick, starving or suffering from heat, cold or confinement, which is in need of immediate care;

F. When the animal care and control officer has reasonable grounds to believe that immediate impoundment is necessary to protect the public health or safety of any person or animal;

G. Pending an administrative hearing for a potentially dangerous or vicious dog pursuant to SMC 8.12.040 or pending any judicial proceeding. (Ord. 05-2012 § 2, 2012).

Except as provided in Chapter 8.12 SMC or SMC 8.14.050, an animal care and control officer may not seize or impound an animal for any violation of this chapter or state law except with the consent of the owner of the animal, unless a hearing on the impoundment is first held.

If the owner of any animal refuses to consent to the impoundment of such animal, the animal care and control officer may issue a notice setting the time and place for a hearing and commanding such owner to appear before the animal hearing officer at that time. The animal care and control officer shall cause notice of such hearing to be given pursuant to SMC 8.04.020. The hearing shall be conducted pursuant to SMC 8.04.040. (Ord. 05-2012 § 2, 2012).

A. When an animal is impounded pursuant to this chapter, except for SMC 8.14.030, the animal care and control officer shall, except as otherwise provided, notify the owner of the animal of the impoundment within 24 hours. The owner of the animal shall be served with notice of the impoundment, either personally or by first class mail with return receipt requested, if known. Such notice shall state the following:

1. The animal has been impounded;

2. The date and location of impoundment;

3. A description of the animal;

4. The location of where the animal is being held;

5. The name, address, and telephone number of the agency or person to be contacted regarding the redemption of the animal;

6. An indication of the ultimate disposition of the animal if no action is taken to redeem it by the owner within the requisite holding period pursuant to SMC 8.14.080;

7. A summary of the estimated fees to be expected from the impoundment.

B. If the owner of an impounded animal is unknown (a stray), the above notice, in lieu of mailing, shall be posted on a bulletin board in a public area at the police department.

C. When an animal is impounded pursuant to this chapter and the animal is of a type referred to in Food and Agricultural Code Section 17003, the animal care and control officer shall immediately notify the Sonoma County agriculture commissioner and request assistance from the county for care and impoundment of the animal.

D. In addition to the notice required by this section, notice may also be given in any other manner deemed necessary or desirable. (Ord. 05-2012 § 2, 2012).

A. Any impounded dog shall be kept at the city animal shelter for a period of not less than six business days (excluding the day of impoundment) unless redeemed within such period. During that time, the animal care and control officer shall make reasonable attempts to identify and contact the dog’s owner.

B. Any impounded livestock shall be kept at the city animal shelter or such other place as may be approved by the animal care and control officer for a period of not less than 14 days unless redeemed within such period. During that time, the animal care and control officer shall make reasonable attempts to identify and contact the livestock’s owner.

C. Any other impounded animal shall be kept at the city animal shelter or such other place as may be approved by the animal care and control officer for a period of not less than six days, not including the day of impoundment. During that time, the animal care and control officer shall make reasonable attempts to identify and contact the animal’s owner.

D. Any animal which is voluntarily surrendered to or deposited with the animal care and control officer shall be held for not less than six days, not including the day of surrender or deposit, and shall be made available for owner redemption for the entire holding.

E. Kittens (cats less than eight weeks old) or puppies (dogs less than eight weeks old) relinquished by the purported owner, or brought in by any other person with authority to relinquish them, may be released immediately to a recognized nonprofit specializing in animal care and adoption or another governmental organization pursuant to an agreement.

F. None of the provisions of this section shall apply to impoundment pursuant to SMC 8.14.030. (Ord. 05-2012 § 2, 2012).

The owner of any impounded animal may, at any time prior to the disposition of the animal, redeem the same upon compliance with this chapter and state law, presentation of proof of ownership satisfactory to the animal care and control officer and payment of a redemption fee, and all other proper fees and charges accrued as provided for by this chapter. If the impounded animal is subject to licensure under this chapter, the owner shall comply with the licensing requirements for the animal prior to its release. Upon such redemption being made, the animal care and control officer shall release the animal. (Ord. 05-2012 § 2, 2012).

A. Any impounded animal (with the exception of those described within subsection (B) of this section) which is not redeemed within the impoundment period specified within this chapter shall, wherever possible, be released to a recognized nonprofit agency specializing in animal services and adoption or another governmental organization pursuant to an agreement.

B. Any impounded bovine animal which is not redeemed within the holding period specified in this chapter shall be turned over to the State Bureau of Livestock Identification for disposition by the office. (Ord. 05-2012 § 2, 2012).

No impounded animal shall be redeemed by its owner, placed for adoption or sold unless the person receiving the animal provides proof satisfactory to the animal care and control officer that the animal will be maintained in accordance with the provisions of this title and state law. (Ord. 05-2012 § 2, 2012).

No liability shall be incurred by the animal care and control officer or the city for the redemption or disposition of any animal made pursuant to this chapter. (Ord. 05-2012 § 2, 2012).

Upon the recommendation of the animal care and control officer and with the approval of the city council, the fees provided for in this chapter may be waived when animals have been impounded because of civic disorganization, disruption, or other conditions of devastation within the city due to fire, flood, earthquake, storm or other natural calamity. (Ord. 05-2012 § 2, 2012).