Tehama Municipal Code Ch. 7.40 Impoundment

"Business day" has the same meaning as California Food and Agriculture Code sections 31108, subdivision (d) and 31752, subdivision (d).

(Ord. No. 2031, § 1, 11-8-2016)

Any animal within the unincorporated area of the county which is, to the knowledge of the director of animal regulation or any animal regulation officer, engaged in an activity or existing in a condition prohibited by this title or state law may be taken up and impounded pursuant to this chapter.

(Ord. 1875 § 34(part), 2006)

California Penal Code Section 597.1 shall be operative and enforced by the director of animal regulation and California Penal Code Section 597f shall not be operative. Seizure and impoundment of animals shall conform with the procedures set forth in Penal Code Section 597.1.

(Ord. 1875 § 34(part), 2006)

Every impounded animal shall be inspected for the presence of a license, tattoo, implant or other form of identification at the time of impoundment. All impounded animals shall be kept at the county animal shelter or at such other place as may be approved by the director of animal services. The director of animal services shall ensure that all impounded animals receive suitable and adequate food, water, shelter and medical care during impoundment.

(Ord. 1875 § 34(part), 2006)

A. The director of animal services shall charge the owner of each impounded animal fees sufficient to defray the cost of impounding the animal and keeping the animal during its impoundment, as established by Section 7.08.105. The impoundment and boarding fees, as applicable, shall be collected in accordance with Section 7.40.090.

B. The director of animal services may, in cases of hardship, reduce or waive the impoundment and boarding fees otherwise due for an impounded animal, except in the case where the person requesting such reduction or waiver has been convicted within the last five years by any court of law for any violation of this chapter or any other law relating to animals, public nuisance caused by animals, or cruelty to animals in this or any other state. For purposes of this section, forfeiture of bail shall be deemed to be a conviction of the offense charged. The director of animal services shall determine hardship on the basis of the following standard: Hardship is a proven inability to meet ongoing family expenses for the necessities of living, that is, food, clothing, and shelter.

(Ord. 1875 § 34(part), 2006)

(Ord. No. 1949, §§ 13, 14, 10-5-2010)

In accordance with Sections 30804.7 and 31751.7 of the Food and Agricultural Code, the owner of any non-spayed or un-neutered dog or cat that is impounded shall be liable for a civil penalty as follows, in addition to any other fees and penalties due under this title:

First occurrence — $35.00; Second occurrence — $50.00; Third and subsequent occurrences — $100.00

Any fines collected under this section shall be deposited to the spay/neuter trust fund.

(Ord. No. 1949, § 15, 10-5-2010)

A. When an animal is impounded pursuant to this chapter, the director of animal regulation shall, except as otherwise provided, notify the owner of the animal of the impoundment within twenty-four hours. The owner of the animal, if known, shall be served with notice of the impoundment, either personally or by first class mail with return receipt requested. Such notice shall state the following: 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 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 within three business days, not including the day of impoundment, after impoundment or a longer period if stated in such notice.

B. Situations involving an animal of a type referred to in Food and Agricultural Code Section 17003 shall be referred to the director of the Livestock Identification Branch of the Department of Food and Agriculture.

C. In addition to the notice required by this section, notice may also be given in any other manner deemed necessary or desirable.

(Ord. 1875 § 34(part), 2006)

(Ord. No. 2031, § 2, 3, 11-8-2016)

Any person who finds an animal running at large in violation of this chapter may take up, confine and hold the animal, provided such person notifies the director of animal regulation within twenty-four hours after securing possession or control of the animal and surrenders the animal to an animal regulation officer upon demand.

(Ord. 1875 § 34(part), 2006)

A. An animal regulation officer shall not seize or impound a dog for running at large in violation of this title when the dog has not strayed from and is upon private property owned by the owner of the dog, or upon private property to which such owner has a right of possession, nor shall the animal regulation officer seize or impound a dog which has strayed from but then returned to the private property of its owner, but in such a case a citation may be issued. If in such a situation the owner of the dog is not home, the officer shall post a notice on the front door of the residence of the owner notifying that the dog was running at large in violation of this title and that the owner shall contact animal control within twenty-four hours of the posting of the notice. A citation may be issued to the owner at that time.

B. This section shall not otherwise affect an animal regulation officer's authority to seize or impound a dog or issue citations as a result of a dog's being on property other than that owned by its owner.

C. This section shall not be construed as prohibiting any person from killing a dog in the situations authorized by Food and Agricultural Code Sections 31102 and 31104.

(Ord. 1875 § 34(part), 2006)

As authorized by Penal Code Section 597.1 an animal regulation officer may seize and impound an animal for any violation of this title or state law prior to a hearing in any of the following situations where the owner of the animal is not present and where the officer reasonably believes that such seizure is necessary:

A. To protect the public health, safety and welfare;

B. To protect an animal which is injured, sick, or starving and must be cared for; or

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

(Ord. 1875 § 34(part), 2006)

A. Except as provided in subsection B of this section, the holding period of any impounded dog or cat shall be a minimum of four business days, not including the day of impoundment.

B. If, in any week, the Tehama County Animal Care Center does not remain open on one weekday evening until at least seven p.m. or on one weekend day, the holding period of any impounded dog or cat during that week shall be a minimum of six business days, not including the day of impoundment.

C. Stray cats shall be reserved exclusively 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 for the remainder of the holding period.

D. Notwithstanding subsection C:

1. A kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day of impoundment, but shall remain available for owner redemption or adoption.

2. All kittens sold, given away or transferred to a new owner must be in compliance with Food and Agricultural Code Section 31751.3 or Section 31760 to 31762, inclusive, ensuring that the kitten is or will be spayed or neutered.

E. Upon the impounding of any stray bovine animal, the division of animal services shall immediately notify the Secretary of the California Department of Agriculture. Such stray animal shall be kept in the county animal care center until it is released into the custody of the Secretary of the California Department of Agriculture or is otherwise released or disposed of as provided in the Food and Agriculture Code.

F. Upon the impounding of any stray horse, mule, sheep, swine, burro, alpaca, llama, or goat, the division of animal services shall, when required by law, immediately notify the Secretary of the California Department of Food and Agriculture. Such stray animal shall be kept in the county animal care center for the same period of time as provided for cats and dogs hereunder, unless redeemed within that period, and may thereafter be disposed in accordance with section 7.40.100 or released into the custody of the Secretary of the California Department of Agriculture.

G. Any other impounded animal shall be kept at the county animal care center for the same period of time as provided for cats and dogs hereunder, unless redeemed within that period, released into the custody of the Secretary of the California Department of Agriculture, or otherwise released or disposed of as provided in the Food and Agriculture Code.

H. Any dog or cat that is voluntarily surrendered or relinquished to the Tehama County Animal Care Center, by the purported owner, shall be held for the same holding periods, with the same requirements of care, applicable to impounded stray dogs and cats, and shall be available for owner redemption or adoption for the entire holding period. Puppies under eight weeks of age, voluntarily surrendered or relinquished by the purported owner, or brought in by any other person with authority to surrender or relinquish them, may be available immediately for adoption.

(Ord. 1875 § 34(part), 2006)

(Ord. No. 1961, §§ 1, 2, 12-20-2011; Ord. No. 2031, § 4, 5, 11-8-2016; Ord. No. 2089, § 3, 2-11-2020)

The owner of any impounded animal may, at any time prior to the disposition of the animal, redeem the same upon presentation of proof of ownership satisfactory to the director of animal services and payment of all fees, civil penalties, and other amounts due under this title. If the impounded animal is subject to licensure under this title, the owner shall comply with the licensing requirements for the animal, including payment of the applicable license fee and any associated civil penalties, prior to its release. Failure or refusal to pay any and all fees, civil penalties, and other amounts associated with the impoundment of an animal shall constitute abandonment of said animal.

(Ord. 1875 § 34(part), 2006)

(Ord. No. 1949, §§ 16, 17, 10-5-2010)

A. Any impounded animal, except livestock, which is not redeemed within the holding period specified in this chapter may, as determined by the director of animal services, either be put up for adoption or humanely destroyed by the division of animal services. If an impounded animal is put up 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 pursuant to Section 7.08.105. If such animal is subject to licensure under this title, the person adopting the animal shall, prior to the animal's release, comply with the licensing requirements for the animal. If such animal is a dog or cat which has not been previously spayed or neutered, at the discretion of the director of animal services, the animal shall be spayed or neutered and the adopting person shall pay the applicable spay/neuter fee established pursuant to Section 7.08.105, or the person adopting the animal shall, prior to the animal's release, provide a spaying or neutering deposit, the amount of which shall be established pursuant to Section 7.08.105. The director of animal services shall designate on the animal's adoption papers the date by which the spaying or neutering of the animal shall be completed. Upon receipt of a notice from a veterinarian or spaying and neutering clinic that the animal has been spayed or neutered, the spay/neuter deposit as set forth in Section 7.08.105 shall be refunded to the person adopting the animal as set forth in Food and Agricultural Code Sections 30503(b) and 31751(b).

B. Any impounded livestock, with the exception of bovine animals, which is not redeemed within the holding period specified in this chapter may, as determined by the director of animal services, either be put up for adoption or sale by the director unless the director determines that the animal does not have adequate value to cover costs of sale, in which case the animal may be put up for adoption or humanely destroyed. If the livestock is determined to be sold, the director of animal services shall secure the highest possible price for each animal sold. All sales shall be for cash. The director of animal services shall deduct from the proceeds of any such sale all proper fees and charges accrued as provided for by Section 7.08.105 and all other demands that have been filed with the director of animal services claiming interest in and to the proceeds of the sale. All demands made by third persons claiming ownership of or interest in an animal shall be made in writing under penalty of perjury and shall be accompanied by such other evidence of ownership as the director of animal services shall require. Any balance remaining after the payment of such fees, charges and demands shall be paid into the county treasury for the use of the owner of the animal. If such funds are not claimed by the owner within thirty days thereafter, the funds shall be deposited in the county general fund. The director of animal services may reject any or all bids for an animal not deemed adequate. If the director determines that an animal cannot be sold, the animal may be humanely destroyed by the division of animal services.

C. Notwithstanding any other provision of this chapter, whenever an impounded animal is determined by the director of animal services in consultation with a veterinarian to constitute a health hazard, the animal may be humanely destroyed by the division of animal services.

(Ord. 1875 § 34(part), 2006)

(Ord. No. 1961, §§ 3, 4, 12-20-2011)

No animal impounded pursuant to this chapter or voluntarily surrendered to or deposited with the director of animal services shall be redeemed, placed for adoption, sold, 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.

(Ord. 1875 § 34(part), 2006)

No liability shall be incurred by the county, the Division of animal regulation, or the division of animal services for the redemption or disposition of any animal made pursuant to this chapter.

(Ord. 1875 § 34(part), 2006)

Upon the recommendation of the director of animal services and with the approval of the board, the fees provided for in Section 7.08.105 may be waived when animals have been impounded because of civic disorganization, disruption or other conditions of devastation within the county or in an area within the county due to fire, flood, earthquake, storm or other natural calamity.

(Ord. 1875 § 34(part), 2006)