Chapter 6.48
IMPOUNDMENT AND VIOLATION NOTICE
Sections:
6.48.010 Animals to be impounded.
6.48.020 Notices to owners—Right to hearing.
6.48.030 Redemption.
6.48.040 Redemption fees.
6.48.050 License fees to be paid upon redemption.
6.48.060 Records of impounded animals.
6.48.010 Animals to be impounded.
A. Every animal kept or found in violation of the provisions of this title may be taken up and impounded by the animal control officer. Such animal may be redeemed by the owner or person entitled to its possession within seventy-two hours thereof on the payment of such fees and charges as provided by resolution but, if not so redeemed, such animal may be destroyed by the animal control officer. If no person appears and redeems said animal within seventy-two hours from the giving of the notice as therein provided, the person in charge of the impound facility may cause and direct the animal to be sold, or may cause and direct the animal to be placed with a home by such person to be suitable. The receipt for the sale thereof, shall be a valid title to the purchaser, subject, however, to the right of redemption as set forth in this chapter.
B. Whenever the animal control officer shall have reasonable cause to believe that any animal, (other than a “vicious dog” or “potentially dangerous dog” as those terms are defined in the Food and Agricultural Code,) either licensed or unlicensed, regardless of whether it is a household pet, is diseased or vicious or dangerous to any person or other animal, the animal control officer is directed to take custody of such animal and impound the animal in a safe place for such period of time as is required in order to observe, examine, and determine whether or not such animal is diseased or vicious or dangerous or constitutes a menace to the public health or safety. It is the duty of the animal control officer to observe and examine any such animal and determine whether the animal is diseased or vicious or dangerous or does constitute a menace to the public health or safety. If it is so determined, it is unlawful for any person to continue to maintain such animal; otherwise, such animal shall be returned to the owner or person entitled to its possession.
C. Nothing in this section is intended to be inconsistent with the provisions of Food and Agriculture Code Section 31601 through 31752, inclusive. Notwithstanding any other provision of this title, all of the rights and duties of the animal control officer set forth in those provisions of state law are intended to be carried out by the animal control officer. (Ord. 98-15 § 13(a), 1998)
6.48.020 Notices to owners—Right to hearing.
A. Within twenty-four hours after the impoundment of any animal, the animal control officer shall notify the owner or possessor of the animal, if known (or if ascertainable by reference to a license tag or other means found upon the animal), that the animal has been impounded and the date of impounding. If the owner or possessor of such animal is not known to the animal control officer, the chief shall maintain records of such impoundment for at least thirty days after the date of the impoundment.
B. Any owner or possessor of any animal impounded pursuant to this chapter that is (1) found to be without proper and adequate food, water, shelter, care, and attention; or (2) found to be diseased or vicious or dangerous to any person or other animal or has bitten any person or other animal shall be entitled to a hearing conducted by the city manager, health officer, or designee into such seizure within ten days following such impoundment provided such owner or possessor files a written request with the animal control officer within three days following the notice of such impoundment. In any case, such owner or possessor shall be liable for all costs related to such seizure. (Ord. 98-15 § 13(b), 1998)
6.48.030 Redemption.
The owner or person entitled to the control or custody of any animal impounded, at any time before the sale or other disposition thereof, may redeem the animal by paying all the proper fees and charges thereon made by virtue of any of the provisions of this chapter. Whenever such animal is redeemed, the person redeeming shall receive from the animal control officer duplicate receipts for the same. The animal control officer shall give to any person redeeming such animal a receipt for the redemption money. (Ord. 98-15 § 13(c), 1998)
6.48.040 Redemption fees.
The fees for animal shelter services in impounding and caring for animals shall be by type of animal as follows, and no animal shall be released by its owner or possessor before such fees as are provided by resolution are paid in full:
A. Type A: Horse, mare, mule, ass, bull, ox, calf or other animal of similar size;
B. Type B: Sheep, lamb, goat, hog or other animal of similar size;
C. Type C: Cat;
D. Type D: Dog;
E. Type E: Bird, fowl, rabbit, hamster or rodent; or
F. Type F: All other animals not otherwise listed in this section. (Ord. 98-15 § 13(d), 1998)
6.48.050 License fees to be paid upon redemption.
If a license fee has not been paid for the then current period for any impounded dog, the party redeeming, before redemption, shall pay such license fee. If the dog has reached an age where, pursuant to Section 6.16.050, vaccination is required, the party redeeming may be required to present proof of vaccination as a condition precedent to being allowed to redeem the dog. (Ord. 9815 § 13(e), 1998)
6.48.060 Records of impounded animals.
The animal control officer shall keep a record of the number of all animals impounded, showing in detail, in the case of each animal, the description, date of receipt, the date and manner of disposal, the name of the person redeeming or purchasing, the fees and charges and proceeds of sales received on account thereof, and such additional records as may be required. (Ord. 98-15 § 13(f), 1998)