Windsor Municipal Code Art. 12 Impoundment

Any animal in the Town which is, to the knowledge of the Animal Control Officer or any animal regulation officer, engaged in an activity or existing in a condition prohibited by this chapter or State law may be taken up and impounded pursuant to this Article.

(Ord. No. 92-22 § 2 (part))

California Penal Code Section 597.1 shall be operative and enforced by the Animal Control Officer, and California Penal Code Section 597f shall not be operative. Seizure and impoundment shall be made pursuant to Section 597.1. If requested, the hearing shall be conducted pursuant to Section 3-4-400.

(Ord. No. 98-107 § 18)

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 Town Animal Shelter or at such other place as may be approved by the Animal Control Officer. The Animal Control Officer shall ensure that all impounded animals receive suitable and adequate food, water, shelter and medical care during impoundment.

(Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 19 (part))

a. The Animal Control Officer shall charge the owner of each impounded animal an impoundment fee, the amount of which shall be established pursuant to Section 3-4-115. In addition, the Animal Control Officer shall charge the owner of each impounded animal a boarding fee sufficient to defray the cost of keeping the animal during its impoundment, as determined by the Animal Control Officer. The impoundment and boarding fees shall be collected when an impounded animal is claimed and before release.

b. The Animal Control Officer 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 owner of the animal has been convicted within the last five (5) 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 Animal Control Officer shall determine hardship on the basis of the following standard: hardship is proven inability to meet ongoing family expenses for the necessities of living, that is, food, clothing and shelter.

(Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 19 (part))

a. When an animal is impounded pursuant to this article, except for Section 3-4-1205, the Animal Control Officer shall, except as otherwise provided, notify the owner of the animal of the impoundment within twenty-four (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: 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 seventy-two (72) hours after impoundment or a longer period if stated in such notice. If the owner of an impounded animal is unknown, the above notice in lieu of mailing, shall be posted on a bulletin board in a public area at the Town Animal Shelter.

b. When an animal is impounded pursuant to this article and the animal is of a type referred to in Food and Agricultural Code Section 17003, the Animal Control Officer shall, if the animal is not claimed within five (5) days after impoundment, cause notice of the impoundment to be sent to the Director 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. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 20)

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 Animal Control Officer within twenty-four (24) hours after securing possession or control of the animal and surrenders the animal to the Animal Control Officer upon demand.

(Ord. No. 92-22 § 2 (part); editorially renumbered during 10-98 supplement)

a. Notwithstanding any other provision of law, or this chapter, the Animal Control Officer shall not seize or impound a dog for running at large in violation of this chapter 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 Control 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; provided, however, that if in such a situation the owner of the dog is not home, the dog may be impounded, but the Officer shall post a notice of such impounding on the front door of the residence of the owner. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken by the owner within seventy-two (72) hours after impoundment.

b. If the owner of the dog wishes to challenge the impoundment, such owner shall personally deliver or mail a written request for a hearing, such that it is received by the Animal Control Officer within seventy-two (72) hours after impoundment.

c. If a valid request for a hearing is filed, the Animal Control Officer shall set the time and place for the hearing and cause notice of such hearing to be given pursuant to Section 3-4-300. The hearing shall be conducted pursuant to Section 3-4-400.

d. This section shall not otherwise affect an Animal Control 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.

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

(Ord. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 21)

Except as provided in Section 3-4-1230, an Animal Control Officer may seize and impound an animal for any violation of this chapter 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; or

d. To protect domestic animals.

Regardless of the above, if the Officer has probable cause to believe an animal may be designated as dangerous, the owner is unwilling or unable to correct the situation immediately, and the animal poses an imminent threat to the safety of persons or domestic animals, the animal may be seized.

If the owner of the animal wishes to challenge the impoundment, such owner shall personally deliver or mail a written request for a hearing, such that it is received by the Animal Control Officer within seventy-two (72) hours after the impoundment.

If a valid request for a hearing is filed, the Animal Control Officer shall set the time and place for the hearing and cause notice of such hearing to be given pursuant to Section 3-4-300. The hearing shall be conducted pursuant to Section 3-4-400.

(Ord. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 22)

Except as provided in Sections 3-4-115, 3-4-1205, 3-4-1230, 3-4-1235, 3-4-1400, and 3-4-1405 an Animal 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 Control Officer may issue a notice setting the time and place for a hearing and commanding such owner to appear before the Animal Control Officer at that time. The Animal Control Officer shall cause notice of such hearing to be given pursuant to Section 3-4-400. The hearing shall be conducted pursuant to Section 3-4-400.

(Ord. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 23; Ord. No. 2006-206 § 6 (part))

Except as provided by Section 3-4-1205:

a. Any impounded dog found wearing a current dog license tag or other form of identification shall be kept at the Town Animal Shelter for a period of not less than ten (10) days unless redeemed within such period.

b. Any impounded dog not wearing a current dog license tag or other form of identification shall be kept at the Town Animal Shelter for a period of not less than seventy-two (72) hours unless redeemed within such period.

c. Any impounded livestock, except a bovine animal, shall be kept at the Town Animal Shelter or such other place as may be approved by the Animal Control Officer for a period of not less than fourteen (14) days unless redeemed within such period.

d. Any bovine animal shall be kept at the Town Animal Shelter or such other place as may be approved by the Animal Control Officer for a period of not less than five (5) days unless redeemed within such period.

e. Any other impounded animal shall be kept at the Town Animal Shelter or such other place as may be approved by the Animal Control Officer for a period of not less than seventy-two (72) hours unless redeemed within such period.

f. Any animal which is voluntarily surrendered to or deposited with the Animal Control Officer shall not be deemed to be impounded, and need not be kept or retained for any minimum period of time.

(Ord. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 24)

The owner of any impounded animal may, at any time prior to the disposition of the animal, redeem the same upon compliance with the ordinance codified in this chapter and State law, presentation of proof of ownership satisfactory to the Animal Control Officer and payment of a redemption fee, the amount of which shall be established pursuant to Section 3-4-1215, and all other proper fees and charges accrued and 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. If the impounded dog is subject to mandatory spay or neuter requirements under this chapter, the owner shall comply with such requirements as identified in Section 3-4-1410 for the dog prior to its release.

(Ord. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 25; Ord. No. 2006-206 § 6 (part))

a. Any impounded animal, except livestock, which is not redeemed within the holding period specified in this article may, at the discretion of the Animal Control Officer, be put up for adoption or humanely destroyed by the Animal Control Officer. 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 3-4-1215. If such animal is subject to licensure under this chapter, 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, such dog or cat shall be spayed or neutered. The person adopting such dog or cat shall, prior to such dog or cat's release, provide a spaying or neutering deposit, the amount of which shall be established pursuant to Section 3-4-1215. The Animal Control Officer shall designate on such dog or cat's adoption papers the date by which the spaying or neutering shall be completed. Upon receipt of a notice from a veterinarian or spaying and neutering clinic that such dog or cat has been spayed or neutered, the Animal Control Officer shall return the deposit to the person who adopted such dog or cat. If no such notice is received by the Animal Control Officer within thirty (30) days after the completion date designated on such dog or cat's adoption papers, the deposit shall be forfeited to the Town and the person who adopted such dog or cat may be cited for violation of this section and such dog or cat may be seized and impounded.

b. Any impounded livestock, except a bovine animal, which is not redeemed within the holding period specified in this article shall be put up for sale by the Animal Control Officer. The Animal Control Officer shall secure the highest possible price for each animal sold. All sales shall be for cash. The Animal Control Officer shall deduct from the proceeds of any such sale all proper fees and charges accrued as provided for by this chapter and all other demands that have been filed with the Animal Control Officer 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 Animal Control Officer shall require. Any balance remaining after the payment of such fees, charges and demands shall be paid into the Town Treasury for the use of the owner of the animal. If such funds are not claimed by the owner within thirty (30) days thereafter, the funds shall be forfeited to the Town. The Animal Control Officer may reject any or all bids for an animal not deemed adequate. If the Animal Control Officer determines that an animal cannot be sold, the animal may be humanely destroyed by the Animal Control Officer.

c. Any impounded bovine animal which is not redeemed within the holding period specified in this article shall be turned over to the State Bureau of Livestock Identification for disposition by the office.

d. Notwithstanding any other provision of this chapter, whenever an impounded animal is determined by the Animal Control Officer in consultation with a veterinarian to constitute a health hazard, the animal may be humanely destroyed by the Animal Control Officer.

(Ord. No. 92-22 § 2 (part); amended and renumbered by Ord. No. 98-107 § 26)

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 Control Officer that the animal will be maintained in accordance with the provisions of this chapter and State law.

(Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 27 (part))

No animal impounded pursuant to this chapter or voluntarily surrendered to or deposited with the Animal Control Officer 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. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 27 (part))

No liability shall be incurred by the Animal Control Officer or the Town for the redemption or disposition of any animal made pursuant to this article.

(Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 27 (part))

Upon the recommendation of the Animal Control Officer and with the approval of the Town Council, the fees provided for in this article may be waived when animals have been impounded because of civic disorganization, disruption, or other conditions of devastation within the Town due to fire, flood, earthquake, storm or other natural calamity.

(Ord. No. 92-22 § 2 (part); renumbered by Ord. No. 98-107 § 27 (part))