It is the duty of the department director, shelter director,
any duly authorized animal compliance officer and any other person
authorized by this title, by the city manager, by resolution of the
city council, and/or by contract to enforce the provisions of this
title and any resolution of the city council consistent with this
chapter.
(Ord. 504 § 2, 2022)
No person may take an impounded animal from an animal shelter as defined in Chapter
6.04 of this title, or willfully resist, delay, or obstruct the department director, shelter director, hearing officer, animal compliance officer, or any other person designated in Section
6.12.010 in the discharge of, or attempts to discharge, any duty of their office under this title.
(Ord. 504 § 2, 2022)
Any animal found under conditions or in areas prohibited by Section
6.08.040 or
6.08.050 of this title shall be seized by an animal compliance officer or other enforcement authority and impounded in the animal shelter, except as follows:
A. If any
animal is lawfully at large upon private property. However, the animal
will be impounded if the owner, occupant or person in charge of the
property makes a complaint to the city claiming to be injured by the
animal;
B. If an
infraction/misdemeanor citation is issued to the person who owns,
harbors, or keeps the animal; and, in the opinion of the citing officer,
the person or animal is unlikely to violate any provision of this
title prior to the citation appearance date;
C. If animal
compliance officer deems it to be in the best interests of the city
to issue a verbal warning for information and educational purposes.
(Ord. 504 § 2, 2022)
Except as provided in Section
6.12.080, the animal compliance officer that impounds any animal shall immediately attempt to notify the owner of the impounded animal or fowl as required by law. If the owner is known and resides in the city, a notice shall be posted at the owner's address. If the owner is unknown, the notice of impounding shall be posted at the animal shelter where the animal is impounded. A notice of impound shall contain a description of the animal, and the time and place of apprehension.
(Ord. 504 § 2, 2022)
Upon the impounding of any livestock, other than bovine animals,
the shelter director shall notify the owner thereof, if the name of
such owner is known to him or her, of such impounding. If the name
of the owner is not known, or the owner fails or refuses to comply
with any of the requirements of redemption, or if the owner has waived
the redemption period in writing, such animal shall be deemed to be
abandoned and the shelter director shall dispose of such animal as
he or she sees fit. Any impounded bovine animal not redeemed by the
owner shall be delivered to the Secretary of the California Department
of Food and Agriculture pursuant to
Food and Agricultural Code Section
17003. All impounded livestock, including bovine animals, may be redeemed
by the owner thereof at any time prior to their sale, disposal or
delivery to the Secretary of the California Department of Food and
Agriculture by the director upon:
A. Furnishing
proof of ownership satisfactory to the director, and
B. Paying the fee set forth in Section
6.12.090 as adopted by resolution of the city council or otherwise applicable to recovery of the impoundment of livestock.
C. The
sale of any animal by the director in conformity with the provisions
of this chapter shall vest title thereof in the purchaser.
(Ord. 504 § 2, 2022)
If any impounded livestock is redeemed, the shelter director
shall collect all applicable fees before delivering the animal to
the person redeeming it. Such fees shall be in such amounts as may
be prescribed by resolution of the city council.
(Ord. 504 § 2, 2022)
All animals specified in this title that may be impounded shall
be kept at the risk of the owner. The city, its officers, agents,
or employees are not liable to the owner of any impounded animal for
the delivery in good faith to a person claiming to be, but not in
fact being, entitled to reclaim the impounded animal. The city, and
its officers, agents, or employees are not liable for the death of
or injury or disease to any animal incurred while the animal is being
captured, transported or impounded.
(Ord. 504 § 2, 2022)
The shelter director is authorized, whenever it is deemed necessary,
to temporarily impound animals within an enclosure other than the
designated animal shelter and that enclosure constitutes a temporary
animal shelter. Notice that an enclosure is an animal shelter shall
be given by placing a sign with wording to that effect on the gate
or other entrance of the enclosure. The placement, size and wording
of the sign are subject to the approval of the shelter director.
(Ord. 504 § 2, 2022)