Chapter 6.12
IMPOUNDMENT
Sections:
6.12.040 Care of impounded animals.
6.12.050 Basic charges for impounding animals.
6.12.055 Additional charges for keeping animals.
6.12.060 Hearing regarding lawfulness of impoundment.
6.12.070 Disposal of animals – Guardian request.
6.12.080 Disposal of infirm or dangerous animals.
6.12.090 Reclaiming impounded animals.
6.12.095 Sale of impounded animals.
6.12.105 Spaying or neutering of adopted animals.
6.12.110 Disposal of unclaimed animals.
6.12.115 Prohibition against furnishing animals for research purposes.
6.12.120 Records of impounded animals.
6.12.020 Animals at large.
It shall be the duty of the poundmaster or any animal control officer to impound on sight, after making such investigation as is reasonable under the circumstances for the purpose of locating the guardian, any animal found at large contrary to any of the provisions of this title or of Division 14 of the Food and Agricultural Code commencing with Section 30501, and to keep such animal so impounded as provided in this chapter. (Ord. 912 § 2, 2006)
6.12.030 Vicious animals.
A. Whenever a guardian is in violation of Section 6.14.310, 6.14.320, 6.14.390, 6.14.400, 6.14.410, 6.14.430 or 6.14.440 or whenever a vicious animal as described in Section 6.04.010(Q) has done any of the acts described in that section, the victim or any citizen with personal knowledge may submit to the poundmaster a signed written statement describing the incident and the animal or animals involved.
B. If, after making such investigation as is reasonable under the circumstances to determine the validity of the allegations contained in the statement, and the poundmaster or designated deputy finds that the animal or animals should be impounded, he or she shall personally serve upon the guardian written notice of intent to impound the animal or animals at the expiration of seventy-two hours, and the reasons therefor, a copy of the victim’s or citizen’s statement and the notice of the guardian’s right to respond either orally or in writing to the poundmaster or designated deputy prior to the impoundment.
C. Upon the expiration of the seventy-two hour period, the poundmaster is expressly authorized to impound the animal or animals whether found on or off the premises of guardian and to keep any such animal so impounded as provided in this chapter.
D. If, after investigation, the poundmaster finds that extraordinary circumstances exist such that immediate seizure of the animal or animals is necessary to protect the personal safety and/or property rights of the public, the poundmaster is expressly authorized to immediately impound the animal or animals, whether found on or off the premises of their guardian and to keep any such animal so impounded as provided in this chapter without otherwise complying with the requirements of subsection B of this section.
E. The guardian shall release or deliver the animal to the poundmaster upon demand. (Ord. 912 § 2, 2006)
6.12.040 Care of impounded animals.
The poundmaster shall provide impounded animals with necessary veterinary care, proper and sufficient food and water, and shelter. (Ord. 912 § 2, 2006)
6.12.050 Basic charges for impounding animals.
A. The poundmaster shall charge, and collect from the guardian, the charges for impounding animals as established by resolution of the Capitola city council.
B. For unaltered cats and dogs impounded for the first time, the poundmaster may waive the impounding fee for any such unaltered dog or cat when, prior to the release of the animal, the reclaiming guardian volunteers the animal for spaying or neutering and deposits the fees for the spaying or neutering with the poundmaster.
C. Upon the second or subsequent impoundment of an unaltered dog or cat, the poundmaster may not waive the impounding fee for any such unaltered animal. Prior to the release of this subsequently impounded unaltered dog or cat, the poundmaster shall require that the animal be spayed or neutered, shall require the guardian to pay the impounding fee as established by resolution, and deposit the fees for the spaying or neutering with the poundmaster. (Ord. 912 § 2, 2006)
6.12.055 Additional charges for keeping animals.
In addition to the charges specified in Section 6.12.050, the poundmaster shall charge and collect from the guardian the daily cost for the care and feeding of impounded animals as established by resolution of the city council. (Ord. 912 § 2, 2006)
6.12.060 Hearing regarding lawfulness of impoundment.
A. Whenever a guardian objects to payment of impound charges on the grounds that the impoundment of his/her animal was not lawfully accomplished as provided in this title, the guardian shall be notified that he or she has a right to an administrative hearing before the poundmaster personally (or before some other impartial officer or official designated by the poundmaster for this purpose) on the sole issue of the lawfulness of the seizure of the animal. The hearing shall be held no later than forty-eight hours after a request is made by the guardian. The guardian shall pay any and all care and feeding and other lawful charges prior to any impoundment hearing.
B. The hearing shall be informal and the guardian, the impounding officer and any other person with personal knowledge of any fact relevant to the issue of the lawfulness of the seizure of the animal may appear and testify.
C. If no hearing is requested within forty-eight hours after notification of a right to hearing or if a hearing is held and the hearing officer determines that the animal was lawfully impounded, the guardian shall pay all impound charges required by law before the animal is released from impound. If the guardian refuses to make such payment, the poundmaster shall dispose of the animal as provided in Section 6.12.095, 6.12.100 or 6.12.110. If, after the hearing, the poundmaster determines that the animal was not lawfully impounded, the animal shall be returned to its guardian and no impound charges of any kind shall be imposed. (Ord. 912 § 2, 2006)
6.12.070 Disposal of animals – Guardian request.
It shall be the duty of the poundmaster to dispose of any domestic animal pet or pets in accordance with Civil Code Section 1834.4 and applicable state regulations, at the request of the guardian thereof when the guardian delivers the pet to the poundmaster. The fee for such disposal shall be established by resolution of the city council. (Ord. 912 § 2, 2006)
6.12.080 Disposal of infirm or dangerous animals.
The poundmaster is authorized, directed and empowered forthwith to destroy in a humane manner any animal lawfully impounded which is by reason of disease or injury unfit for release or is dangerous to keep impounded. (Ord. 912 § 2, 2006)
6.12.090 Reclaiming impounded animals.
The guardian of any impounded animal shall have the right to reclaim the same at any time prior to the lawful disposition thereof, provided payment is made to the poundmaster of the costs and charges specified for the impounding and keeping of the animals and, further provided, that as to any dog without a current license, a deposit is made with the poundmaster to cover the license fee and the cost of a rabies vaccination. (Ord. 912 § 2, 2006)
6.12.095 Sale of impounded animals.
Unless impounded animals shall have been redeemed within four to six business, days of impoundment as provided by Sections 31108, 31752, 31752.5 and 31753 of the Food and Agricultural Code, they may be sold by the poundmaster provided all reasonable effort has been made to notify the guardian of the animals and, provided further, that the purchaser shall not be given possession of any dog or dogs, including dogs under six months of age, until he/she deposits with the poundmaster a sum sufficient to cover the license fee required hereunder, together with the cost of a rabies vaccination for any dog which does not have a current vaccination. (Ord. 912 § 2, 2006)
6.12.105 Spaying or neutering of adopted animals.
Unless a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question, any person residing in the city adopting an unspayed or unneutered dog or cat from any animal shelter, pound, humane society or SPCA shelter shall have the animal spayed or neutered on or before the date specified in the adoption agreement. On submission of a written statement from a licensed veterinarian to the poundmaster or animal shelter responsible for insuring compliance with this section, the adoption agreement will be modified accordingly. (Ord. 912 § 2, 2006)
6.12.110 Disposal of unclaimed animals.
A. The poundmaster may, and is authorized and empowered to, destroy in a humane manner or sell any animal lawfully impounded without a license or identification tag which remains unclaimed by its guardian, if any, in accordance with Sections 31108, 31752, 31752.5 and 31753 of the Food and Agricultural Code and any applicable state regulations for more than seventy-two hours excluding Sundays and holidays.
B. Stray dogs and cats impounded by the poundmaster, if wearing a license or identification tags, shall be held for a minimum of seven days. During the period that the animal is held by the poundmaster, the poundmaster shall attempt to inform the guardian of the location of the impounded animal and how the guardian may reclaim the animal. If telephone contact is unsuccessful, the guardian shall be notified by mail sent to the last recorded address of the guardian. Seven days after mailed notice is sent, the poundmaster may destroy or otherwise dispose of such animal in a humane manner.
C. Disposal of unclaimed livestock shall be in accordance with the Food and Agriculture Code and any applicable state regulations. (Ord. 912 § 2, 2006)
6.12.115 Prohibition against furnishing animals for research purposes.
The poundmaster shall not furnish any animals for research purposes. (Ord. 912 § 2, 2006)
6.12.120 Records of impounded animals.
The poundmaster shall keep a record of the number of all animals impounded showing in detail for each animal, the description, dates of receipt, the date and manner of disposal, the name of any person redeeming or purchasing, as well as any fees, charges and proceeds from sales received on account thereof, and such additional records as may be required by the city. Such records shall be kept a minimum of three years. (Ord. 912 § 2, 2006)