§ 6.04.090. Impoundment.

A.

Subject to section 53074 of the Government Code, any animal may be seized and impounded by an animal regulation officer or peace officer if any of the following conditions exist:

1.

The animal is engaged in an activity or existing in a condition prohibited by law,

2.

The animal is, or will be, without proper care due to the absence or incapacitation of the owner or possessor,

3.

The animal is subject to quarantine, or

4.

Any other reason permitted by law.

B.

Except as otherwise provided by law, an impounded animal shall be taken to the animal shelter or other suitable facility or placed where it may be properly sheltered and cared for.

C.

Except as otherwise provided by law and subject to section 17006 of the Food and Agricultural Code and subdivision (d), impounded animals may be redeemed or disposed of in accordance with the following provisions:

1.

Dogs. Unless a dog has been redeemed within six business days after being impounded, not including the day of impoundment, the animal regulation unit may sell it, place it in a suitable home, or destroy it in a humane manner. If a licensed dog is seized and impounded, within twenty-four hours of impoundment the animal regulation unit shall mail written notice of the impoundment to the owner at the address shown in the license records of the unit. The notice shall explain the time limits and procedures for redeeming the dog, provide a brief description of the dog, and include the address and telephone number of the animal regulation unit. If an unlicensed dog is seized and impounded from a private residence, ranch, farm, or business and the owner or possessor of the dog is not present at the time of seizure, the animal regulation officer shall post a notice of impoundment at the premises. The notice shall explain that an unlicensed dog has been seized from the premises, explain the time limits and procedures for redeeming the dog, provide a brief description of the dog and include the address and telephone number of the animal regulation unit. Any notice issued under this section shall also explain that if the unlicensed dog is not redeemed within six business days, it may be sold, placed, or destroyed.

2.

Cats. Unless a cat has been redeemed within six business days after being impounded, not including the day of impoundment, the animal regulation unit may sell it, place it in a suitable home, or destroy it in a humane manner. If the address of the owner of the cat can be determined from identification attached to the cat, within twenty-four hours of impoundment the animal regulation unit shall mail written notice of the impoundment to the owner at the address determined from the identification attached to the cat. The notice shall explain the time limits and procedures for redeeming the cat shall briefly describe the cat, and shall include the address and telephone number of the animal regulation unit. The notice shall also explain that, if the cat is not redeemed within six business days, it may be sold, placed, or destroyed. No other notice shall be required prior to disposition of the cat.

A "feral cat," as defined in Food and Agricultural Code section 31752.5, that has been impounded pursuant to this chapter or state law shall be disposed of as provided in Food and Agricultural Code section 31752.5, as currently enacted and as may be amended.

3.

Bovine animals, horses, mules, sheep, swine and burros. A bovine animal, horse, mule, sheep, swine or burro which has been impounded pursuant to this chapter or state law shall be disposed of as provided in Chapter 7 of Part 1 of Division 9 of the Food and Agricultural Code (Food & Agr. Code, § 17001 et seq.), as currently enacted and as may be amended.

4.

Other animals. Except as otherwise provided by law, if an animal other than a dog, cat, bovine animal, horse, mule, sheep, swine or burro is not redeemed within six business days after impoundment, not including the day of impoundment, it shall either be sold for its fair market value as determined by the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, as determined by the chief executive officer of the contract agency or his/her designee), placed in a suitable home, or destroyed in a humane manner. If the address of the owner of the animal can be determined from identification on the animal or if the address of the owner is known to the animal regulation unit, the unit shall mail written notice of the impoundment to the owner at the address so determined within twenty-four hours of impoundment. The notice shall briefly describe the animal, explain the time limits and procedures for redeeming the animal, and include the address and telephone number of the animal regulation unit. The notice shall also explain that, if the animal is not redeemed within six business days, it may be sold, placed, or destroyed. No other notice shall be required prior to disposition of the animal.

5.

No dog or cat may be reclaimed by the owner or possessor, or placed in a suitable home, unless licensed or covered under a permit issued pursuant to this chapter and vaccinated against rabies. Except for good cause shown and upon the approval of the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the approval of the chief executive officer of the contract agency or his/her designee), any dog or cat which is adopted and placed in a suitable home shall, prior to placement, be neutered or spayed.

D.

An impounded animal which is determined by the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) or the health officer to be critically injured or ill or to constitute a health hazard or a danger to public safety may be immediately destroyed.

E.

The animal regulation unit shall charge fees and costs for the transportation, impoundment, and redemption of animals. No impounded animal may be released to the owner or possessor until all charges, fees, and costs have been paid to the animal regulation unit. Surrender of an animal by the owner or possessor to the animal regulation unit subsequent to impoundment shall not relieve the owner of the obligation to pay charges, fees, and costs which have been incurred prior to surrender of the animal.

F.

Upon the approval of the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, upon the approval of the chief executive officer of the contract agency or his/her designee), the charges, fees, and costs for the impoundment of animals may be waived, in full or in part, exclusive of license and vaccination fees, when animals have been impounded because of civic emergency or natural disaster; whenever a guide dog or personal assistance dog has been impounded; if the owner or possessor of an impounded animal shows to the satisfaction of the supervisor (or the chief executive officer of the contract agency or his/her designee) that he or she was not at fault for the impoundment; or for other good cause. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)