The City Council may provide, by contract, for the execution of the office and duties of animal services director or animal control officer by any person authorized or organized under the laws of the state to act for the humane treatment of animals or to prevent cruelty to animals. The animal services director and his designees shall license, impound, quarantine, place for adoption, and collect other fees as approved by the City.
(Code 1964 § 3.64; Ord. 1053 § 3, 2007)
All money collected by the animal services director, together with all or a portion of the money collected from the sale of licenses for dogs in the City, may be retained by or paid over to the animal services director in payment for the work, labor and duties performed by the animal services director in operating the City shelter or other like facility. The animal services director shall file a monthly report with the City as may be required by the City Manager and/or as may be provided by agreement.
(Code 1964 § 3.65; Ord. 1053 § 3, 2007)
The animal services director shall keep such records as the City Manager or agreement may prescribe. Such records shall at all times be available for inspection by the City Manager or his designee.
(Code 1964 § 3.66; Ord. 1053 § 3, 2007)
Any animal which is engaged in an activity or existing in a condition prohibited by this chapter or state law may be impounded pursuant to the provisions of this article.
(Code 1964 § 3.67; Ord. 1053 § 3, 2007)
The animal control officer shall seize any animal when there is reason to believe it is infected with rabies, and take that animal to a veterinarian for examination. If the veterinarian determines that the animal may be infected with rabies, the animal control officer shall impound such animal for the period mandated by the laws of this state and shall notify Sonoma County animal regulation, the agency responsible for rabies monitoring in this county. The animal's owner shall be charged for all costs incurred or fees applicable, with respect to the examination, confinement, or impoundment of the animal. The redemption fees in HMC § 6.04.760 do not apply to an animal quarantined for rabies observation.
(Code 1964 § 3.68; Ord. 1053 § 3, 2007)
California Penal Code Section 597.1 shall be operative and enforced by the director of animal services. Seizure and impoundment shall be made pursuant to Section 597.1. If requested, a hearing regarding the impoundment of the subject animal shall be held pursuant to Article IV of this chapter.
(Code 1964 § 3.69; Ord. 1053 § 3, 2007)
Every impounded animal shall be inspected for the presence of a license, tattoo, implant or other form of identification at the time of impoundment. Animal services shall ensure that all impounded animals receive suitable and adequate food, water, shelter, and medical care.
(Code 1964 § 3.70; Ord. 1053 § 3, 2007)
The animal control officer may immediately seize and impound an animal for violation of this chapter or the laws of this state without providing a pre-impoundment notice of hearing under the following circumstances:
A. 
The owner and/or possessor of the animal provides consent for the impoundment;
B. 
The animal is at large;
C. 
The animal control officer has reasonable grounds to believe that the animal may be rabid;
D. 
The animal control officer has reasonable grounds to believe that the dog is a potentially dangerous or vicious dog;
E. 
To protect an animal which is injured, sick, starving or suffering from heat, cold or confinement, which is in need of immediate care;
F. 
When immediate seizure is necessary to protect from injury any animal which has strayed onto a public street or highway or other public place;
G. 
When the animal control officer has reasonable grounds to believe that immediate impoundment is necessary to protect the public health or safety of any person or animal;
H. 
Pending an administrative hearing for a potentially dangerous or vicious dog pursuant to Article IX of this chapter, HMC § 6.04.570 or any judicial proceeding.
(Code 1964 § 3.71; Ord. 1053 § 3, 2007)
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 animal control 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 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 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 Article III of this chapter. The hearing shall be conducted pursuant to Article IV of this chapter.
D. 
Any unsterilized dog which is impounded a second time within a 12-month period for running at large, in violation of this section or other applicable provision of law, shall be spayed or neutered within seven days of the redemption. Written verification from the veterinarian performing the surgery shall be provided by the owner to the animal services director or his designee within 14 days of the surgery.
E. 
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.
F. 
This section shall not be construed as prohibiting any person from killing a dog in the situations authorized by California Food and Agricultural Code Sections 31102 and 31104.
(Code 1964 § 3.72; Ord. 1053 § 3, 2007)
Except as provided in HMC § 6.04.690 and § 6.04.710, 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 hearing officer at that time. The animal control officer shall cause notice of such hearing to be given pursuant to Article III of this chapter. The hearing shall be conducted pursuant to Article IV of this chapter.
(Code 1964 § 3.73; Ord. 1053 § 3, 2007)
A. 
When an animal is impounded pursuant to this article, except for HMC § 6.04.690, animal services shall, except as otherwise provided, notify the owner of the animal of the impoundment within 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:
1. 
The animal has been impounded;
2. 
The date and location of impoundment;
3. 
A description of the animal;
4. 
The location of where the animal is being held;
5. 
The name, address, and telephone number of the agency or person to be contacted regarding the redemption of the animal;
6. 
An indication of the ultimate disposition of the animal if no action is taken to redeem it by the owner within 72 hours after impoundment or a longer period if stated in such notice;
7. 
A summary of the estimated fees to be expected from the impoundment.
B. 
If the owner of an impounded animal is unknown (a stray), the above notice, in lieu of mailing, shall be posted on a bulletin board in a public area at the animal shelter and City Hall. A stray animal will be kept for a total of four business days before being made available for adoption.
C. 
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 services director shall immediately notify the Sonoma County agriculture commissioner and request assistance from the county for care and impoundment of the animal.
D. 
In addition to the notice required by this section, notice may also be given in any other manner deemed necessary or desirable.
(Code 1964 § 3.74; Ord. 1092 § 1, 2010)
Except as provided by HMC § 6.04.690:
A. 
Any impounded dog found wearing a current dog license tag or other form of identification shall be kept at the City animal shelter for a period of not less than 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 City animal shelter for a period of not less than four business days, not including the day of impoundment, unless redeemed within such period.
C. 
Any impounded livestock shall be kept at the City animal shelter or such other place as may be approved by the animal control officer for a period of not less than 14 days unless redeemed within such period.
D. 
Any other impounded animal shall be kept at the City animal shelter or such other place as may be approved by the animal control officer for a period of not less than four business days, not including the day of impoundment, unless redeemed within such period.
E. 
Any animal which is voluntarily surrendered to or deposited with the animal control officer shall be held for not less than four business days, not including the day of surrender or deposit, and shall be made available for owner redemption or adoption for the entire holding period.
F. 
Kittens (cats less than eight weeks old) or puppies (dogs less than eight weeks old) relinquished by the purported owner, or brought in by any other person with authority to relinquish them, may be made available immediately for adoption.
(Code 1964 § 3.75; Ord. 1092 § 1, 2010)
The owner of any impounded animal may, at any time prior to the disposition of the animal, redeem the same upon compliance with this chapter and state law, presentation of proof of ownership satisfactory to the animal control officer and payment of a redemption fee, and all other proper fees and charges accrued as 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. Upon such redemption being made, animal services shall release the animal.
(Code 1964 § 3.76; Ord. 1053 § 3, 2007)
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. 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 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 30 days after the completion date designated on such dog or cat's adoption papers, the deposit shall be forfeited to the City 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 City treasury for the use of the owner of the animal. If such funds are not claimed by the owner within 30 days thereafter, the funds shall be forfeited to the City. 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. 
No adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable animals include only those animals eight weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal's health in the future. No treatable animal shall be euthanized. A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts.
(Code 1964 § 3.77; Ord. 1053 § 3, 2007)
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.
(Code 1964 § 3.79; Ord. 1053 § 3, 2007)
Upon the recommendation of the animal control officer and with the approval of the City 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 City due to fire, flood, earthquake, storm or other natural calamity.
(Code 1964 § 3.81; Ord. 1053 § 3, 2007)