A public pound is established and the same and any branches thereof shall be located at such place as shall be fixed by the Animal Control Officer provided for in this Chapter.
(Prior code § 0633)
Whenever an animal has been collected, seized, or impounded under a rule or regulation of the City providing for such collection, seizure or impoundment, the owner or keeper of such animal may request a public hearing to be held before the City Manager or designee. This request shall be made to the City Manager within ten days after the collection, seizure or impoundment of the animal. The owner or keeper of the animal may appear in person at the hearing or present a sworn written statement concerning his or her ownership or relationship to the animal and why the collection, seizure or impoundment was not according to the law or is derogative of said owner's or keeper's rights. The City Manager or designee shall consider all facts, testimony, and sworn written statements as to the status and condition of the animal, and the reason for its collection, seizure or impoundment. The Hearing Officer shall not be limited by technical rules of evidence. At the conclusion of this hearing, the City Manager may make such orders and impose such conditions, or take other action as he or she deems appropriate under the circumstances, to protect the rights of the owner or keeper of said animal and carry out the law relating thereto. Said decision shall be made and rendered in writing within three days of the date of the close of the hearing, which may be continued from time to time.
(Prior code § 0634; Ord. 1673(20) § 42)
The Animal Control Officer shall provide all animals in his or her custody with proper food and water, and shall give them all necessary care and attention.
(Prior code § 0637)
It shall be the duty of the Animal Control Officer to enforce the provisions of this Chapter and it shall be the duty of every City official to cooperate with the Animal Control Officer in the enforcement of his or her duties.
(Prior code § 0639)
The Animal Control Officer and any deputies appointed by him or her shall have the power of arrest in connection with the enforcement of any of the provisions of this Title.
(Prior code § 0640)
The Animal Control Officer and deputies, while engaged in the execution of their duties, shall each wear in plain view a badge having their title or other designation of authority engraved thereon. Any person who has not been duly appointed an Animal Control Officer or deputy, or one whose appointment has been revoked, who shall represent him or herself to be or shall attempt to act as such an Animal Control Officer or Deputy Animal Control Officer, shall be guilty of a misdemeanor.
(Prior code § 0641)
No person shall resist, hinder, molest or obstruct the Animal Control Officer or any of his or her deputies in the exercise of duties as such Animal Control Officer.
(Prior code § 0642)
A.
Any person may take temporary custody of any animal not under restraint as required by this article.
B.
It shall be unlawful for any person to fail within 24 hours after obtaining temporary custody of such animal to notify the owner or custodian of such animal or Animal Control Services of such temporary custody.
C.
The Animal Control Officer shall, upon receiving notification under this section, seize and impound such animal.
D.
If an animal impounded under this section is not reclaimed after the expiration of the stray holding period of the impoundment period, required by section 6.12.130, by the owner or person entitled to custody, then the person taking temporary custody under this section shall have the first right to adopt such animal, subject to compliance with applicable adoption procedures and approval criteria.
(Prior code § 0643; Ord. 1622(16) § 13)
All domestic bovine animals, horses, mules, burros, sheep, goats and swine shall, unless claimed by the owner or person entitled to the custody thereof, within 72 hours, be released to the Director of Agriculture of the State in accordance with the provisions of the California Agriculture Code.
(Prior code § 0644)
A.
1.
Except as provided in subsections C, D, E and G of this section, any stray cat or dog impounded shall remain so for a period of six business days, not including the day of impoundment, except if the County animal shelter has made the animal available for owner redemption on one weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. The animal shall be held 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 the remainder of the holding period.
2.
After the expiration of such four- or six-day stray holding period set forth in subsection (A)(1) of this section, Animal Control Services may continue to hold the animal for adoption or humanely euthanize any animal not reclaimed or adopted. Prior to the euthanasia of that animal for any reason other than irremediable suffering, Animal Control Services shall release the animal to a nonprofit animal rescue or adoption organization, as defined in Section 501(c)(3) of the Internal Revenue Code, if requested by the organization prior to the scheduled euthanasia of the animal. However, Animal Control Services shall not release either of the following: (i) a dog that has been seized pursuant to Section 6.08.170 for which a Vicious Dog Hearing has not yet been held; or (ii) a dog that has been ordered to be euthanized pursuant to Section 6.08.200.
3.
During any period in which an animal is available for both owner redemption and adoption, requests for owner redemption and adoption will be considered in the order in which they are received.
B.
1.
All other stray animals that are typically impounded by the shelter, and legally allowed as personal property, shall remain impounded for a period of six business days, not including the day of impoundment, except if the shelter has made the animal available for owner redemption on one weekday evening until at least 7:00 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment. The animal shall be held 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 the remainder of the holding period. After the expiration of such four- or six-day holding period, Animal Control Services may continue to hold the animal for adoption or humanely euthanize any animal not reclaimed or adopted. Prior to the euthanasia of that animal for any reason other than irremediable suffering, Animal Control Services shall release the animal to a nonprofit animal rescue or adoption organization, as defined in Section 501(c)(3) of the Internal Revenue Code, if requested by the organization prior to the scheduled euthanasia of the animal.
2.
The owner or custodian of any animal impounded may at any time before the adoption, transfer or other disposition of such impounded animal, reclaim such animal during the Animal Control Services shelter business hours upon a payment to the Animal Control Services of any charge, fee or penalty due under the provisions of this title, except as otherwise provided in this title or by law.
C.
If it is determined by a California licensed veterinarian or by the Animal Control Services Director or designee any animal impounded is irremediably suffering from a serious illness or severe injury, then such animal shall not be held for owner redemption or adoption and may be humanely euthanized. After best efforts by Animal Control Services to find a rescue partner or foster placement, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption.
D.
If an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, then shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. If the cat is determined to be docile or a frightened or difficult to tame cat, then the cat shall be held for the entire required holding period specified in subsection A of this section for owner redemption and adoption. If the cat is determined to be truly feral, then the cat may be euthanized or relinquished to a nonprofit animal rescue or adoption organization as defined in Section 501(c)(3) of the Internal Revenue Code, that agrees to the spaying or neutering of the cat if it is not already spayed or neutered.
E.
Except as provided in subsection C of this section, any animal relinquished by the purported owner that is of a species impounded by the shelter, shall be held for two full business days, not including the day of impoundment. The animal shall be available for owner redemption or adoption for the holding period. After the holding period, the animal may be held longer, adopted, euthanized or transferred to a nonprofit animal rescue or adoption organization, as defined in Section 501(c)(3) of the Internal Revenue Code, under the same conditions and circumstances provided for stray animals in subsection A of this section. However, Animal Control Services shall not be required to release any dog that has a history of vicious or dangerous behavior documented by Animal Control Services. Such dogs may be made available for immediate euthanasia.
G.
This section shall not apply to any of the following animals:
H.
Animal Control Services may not release or transfer title to any impounded live animal to anyone for the intended use of the animal for research or testing, or for use for fur or as food for humans or for other animals.
I.
Animal Control Services shall, prior to adoption, transfer or euthanizing any animal, attempt to notify the owner or person entitled to custody and control of such animal. Animal Control Services shall also provide the owners of lost animals and those who find lost animals with all of the following:
1.
Ability to list the animals they have lost or found on "Lost and Found" lists maintained by the shelter;
2.
Referrals to animals listed that may be the animals the owners or finders have lost or found;
3.
The telephone numbers and addresses of other pounds and shelters in the same vicinity;
4.
Advice as to means of publishing and disseminating information regarding lost animals;
5.
The telephone numbers and addresses of volunteer groups that may be of assistance in locating lost animals.
(Prior code § 0648; Ord. 1622(16) § 15)
The owner or custodian of any animal impounded may at any time before the adoption, transfer or other disposition of such impounded animal, reclaim such animal during the Animal Control Services shelter business hours upon a payment to Animal Control Services of any charge, fee or penalty due under the provisions of this Title, except as otherwise provided in this title or by law.
(Prior code § 0649; Ord. 1622(16) § 15)
Animal Control Services shelters shall keep accurate records on each animal taken up, medically treated, euthanized or impounded. The records shall include all of the following information and any other information required by the California Veterinary Medical Board:
A.
The date the animal was taken up, medically treated, euthanized or impounded.
B.
The circumstances under which the animal was taken up, medically treated, euthanized or impounded.
C.
The names of the personnel who took up, medically treated, euthanized or impounded the animal.
D.
A description of any medical treatment provided to the animal and the name of the veterinarian of record.
E.
The final disposition of the animal, including the name of the person who euthanized the animal or the name and address of the owner reclaiming the animal, the name and address of the adopting party or the entity receiving the animal as a transfer. These records shall be maintained for three years after the date the animal's impoundment ended.
(Prior code § 0650; Ord. 1622(16) § 15)
A.
No dog or cat shall be released by Animal Control Services for adoption unless such dog or cat is spayed or neutered.
B.
If a veterinarian licensed to practice veterinary medicine in California certifies that the dog or cat is too sick or injured to be spayed or neutered, or that it would be otherwise detrimental to the health of the dog or cat, then the adopter shall pay Animal Control Services a deposit consistent with the amount set forth in California Food and Agricultural Code section 31761.
C.
The deposit shall be temporary and shall be retained until the dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in California.
1.
The dog or cat shall be spayed or neutered within 14 business days of that certification.
2.
The adopter shall obtain written proof of spaying or neutering from the veterinarian performing the surgery.
3.
If the adopter presents proof of spaying or neutering to Animal Control Services within 30 days of obtaining the surgery, then the adopter shall receive a full refund of the deposit.
4.
If the dog or cat is spayed or neutered by Animal Control Services, then the deposit will be converted to the fee for the service and retained by Animal Control Services.
5.
Unclaimed deposits will be forfeited and expended for programs to spay or neuter dogs or cats.
D.
A violation of this section may be filed as either an infraction or a misdemeanor at the discretion of the City Attorney.
(Ord. 1622(16) § 16)