Chapter 6.04
PUBLIC POUND AND POUNDMASTER
Sections:
6.04.010 Pound established.
6.04.020 Poundmaster–Appointment–Powers and duties.
6.04.030 Poundmaster–Compensation–Contract for services.
6.04.040 Poundmaster–Right of entry.
6.04.050 Animals at large prohibited.
6.04.060 Impounding animals at large.
6.04.070 Impounding records and costs.
6.04.080 Disposition of impounded animals.
6.04.090 Right of owner to reclaim impounded animals.
6.04.110 Disposition of proceeds from sales–Suit for recovery.
6.04.120 Disposition of fees and charges.
6.04.130 License fees in addition to impounding fees.
6.04.140 Destruction of cats and dogs by request.
6.04.150 Violation–Penalty.
6.04.010 Pound established.
A public pound for the city for the impounding of animals is authorized, and such public pound is created and established. Such public pound shall be maintained at such place or places as the council may, from time to time, hereafter determine by resolution. (Prior code § 5-1.101)
6.04.020 Poundmaster–Appointment–Powers and duties.
The office of poundmaster of the city is created. The poundmaster shall be appointed by and hold office during the pleasure of the council. It shall be the duty of the poundmaster to make investigations concerning, take up, receive into the pound, maintain therein and release and discharge or dispose therefrom all animals found running at large upon any public highway, street, avenue, way, lane, alley, park, square, sidewalk, or any other public place within the city, or which may be delivered to the poundmaster by any person under the provisions of this chapter, or which may be on private premises within the city, but which are nevertheless subject to impoundment or disposal under the provisions of this chapter; provided, however, the provisions of this section shall not apply to dogs which are properly licensed and wearing current license tags and are under control of the owner by leash or otherwise; nor shall be the provisions of this section apply to animals lawfully upon any public highway, street, roadway, road, avenue, lane, way, alley, park, square, sidewalk, or other public place which animals are temporarily hitched to hitching weights, devices, or posts at the curb or side of any such public highway, avenue, way, lane, park, square, sidewalk, road, roadway, street, alley, or place. The poundmaster is vested with the power and authority of a police officer, shall be duly sworn in as a special police officer of the city, and is charged with the duty of enforcing all laws of the city and the penal laws of the state. (Prior code § 5-1.102)
6.04.030 Poundmaster–Compensation–Contract for services.
The salary, compensation or fees of the poundmaster shall be fixed by resolution of the council from time to time as may be required. All expenses of keeping, maintaining and establishing the pound, unless otherwise provided for in the contract referred to in this chapter or in the California Estray Law, shall be paid by the city, and all claims therefor, unless provided otherwise in such contract or in the California Estray Law, shall be presented, allowed and paid as other claims against the city are presented, allowed and paid. However, as an alternative, the council may award a contract, whereby the poundmaster shall receive compensation for the furnishing of a pound and the performance of such other duties as contemplated in this chapter and referred to in such contract. The pound shall in such case be maintained at the place indicated in such contract and in the resolution awarding the same, or thereafter, at such place as the parties to such contract may mutually agree upon. A humane society or society for the prevention of cruelty to animals serving as poundmaster pursuant to a written contract with the city shall be authorized to issue citations to enforce all provisions of this title. Such contract may permit payment, in lieu of a definite sum per month, for the furnishing of the pound and the performance of such duties, services and functions of the poundmaster as contemplated in this chapter and by the California Estray Law, the payment of a percentage of the fees collected for dog licenses, or any other fees for impounding or giving notice, or otherwise, as provided in this chapter, and for the diligent and faithful performance of all such duties, services and functions. In the event a contract shall be awarded, however, and regardless of the basis of the award, all moneys collected for dog licenses and received from the pound, or in any way received under and by virtue of this chapter, shall be paid into the city treasury and proper demand for such proportion thereof as may be specified in such contract shall be presented, audited and allowed as in all other cases of demands against the city, regardless of whether the award is based upon a fixed compensation per month or upon a percentage basis. (Ord. 1508 § 1, 1996: prior code § 5-1.111)
6.04.040 Poundmaster–Right of entry.
The poundmaster is authorized to enter upon private premises at any and all reasonable times when engaged in the discharge of his duties pursuant to this chapter or the State Estray Law for the purpose of enforcing the provisions of this chapter and the State Estray Law. (Prior code § 5-1.112)
6.04.050 Animals at large prohibited.
It is unlawful for any person owning or having possession, charge, custody, or control of any animal to cause, permit, or allow the same to stray or run or in any other manner to be at large in or upon any public highway, street, avenue, roadway, road, way, lane, alley, park, square, sidewalk, or other public place in the city, or in or upon any unenclosed lot, land, or premises, or to stake out or herd or graze any animal upon any unenclosed lot, land, or premises in such manner that the rope or other attachment by which the same is tethered may permit it to be or to go beyond the boundary of such lot, land, or premises; provided, however, the provisions of this section shall not apply in the case of licensed dogs under control of the owner by leash or otherwise, except as in this chapter otherwise provided; nor shall such provisions apply in the case of animals lawfully upon any public highway, street, road, roadway, avenue, way, lane, alley, park, square, sidewalk, or other public place which animals are temporarily hitched to hitching weights, devices, or posts at the curb or side of such highway, road, roadway, street, lane, park, square, sidewalk, way, avenue, alley, or place, or which devices are otherwise located therein and provided for that purpose. (Prior code § 5-1.103)
6.04.060 Impounding animals at large.
Every animal found trespassing upon any private grounds or premises within the city may be taken up by the person owning, controlling, or having possession of such grounds and premises, or by the agent or representative of such person and committed to the poundmaster to be dealt with as provided in this chapter, or may be taken up by the poundmaster or any member of the police department of the city or other law enforcement officer. The poundmaster may enter upon any private property, grounds, or premises within the city in actual pursuit of any animal which the poundmaster may be pursuing at the time under any of the provisions of this chapter. Any person taking up such a stray animal found running at large or trespassing upon any property, grounds, or premises owned, controlled, or in possession of such person shall promptly notify the poundmaster of such taking up and it is unlawful for any such person to fail or refuse to surrender such animal to the poundmaster or to any police officer upon demand therefor. (Prior code § 5-1.104)
6.04.070 Impounding records and costs.
The poundmaster shall keep a full, true and correct record of all animals taken, received and impounded, the date of such impounding and the date and manner of their release, discharge, or disposal. He shall keep conspicuously posted at the entrance to the pound a list of all animals therein contained, together with a brief description of each of such animals, at all times during which such animals remain in the pound. The poundmaster shall also provide the necessary subsistence and properly care for all animals while they are in his custody. The cost of such subsistence and/or care shall be a charge against and paid by the city unless otherwise specified in any contract which may be awarded for such pound service, in which case the cost thereof shall be paid and discharged as contemplated in such contract. (Prior code § 5-1.105)
6.04.080 Disposition of impounded animals.
A. Notice. When any animal is so impounded, except in the impounding of cats, rabbits, poultry and unlicensed dogs or licensed dogs not bearing a tag, the poundmaster shall at once advertise the same by posting, or causing to be posted, a notice in three public places in the city. Such notice shall contain a description of the animal so impounded, and if the animal described in such notice shall be any animal other than a horse, mare, colt, cow, mule, jack, jenny, ass, bull, ox, steer, or calf, it shall state that unless the same is reclaimed within three days from the date of such notice, which date shall be the date of posting thereof, such animal will be sold, killed, or otherwise disposed of in accordance with the provisions of this chapter. One copy of the notice shall be posted at the entrance to the pound; the second copy shall be posted on the bulletin board in the City Hall; the third copy shall be posted on a bulletin board at the Fire Hall of the fire department of the city; and the fourth copy shall be delivered to the owner, if known. Such delivery to the owner may be made to a competent person over the age of twenty-one years then present at the address of the owner, in the event the owner shall be absent from his premises at the time of the delivery of the notice.
B. Sale. When any animal, excepting horses, mares, colts, cows, mules, jacks, jennies, asses, bulls, oxen, steers, or calves so impounded and advertised, is not reclaimed within the time specified in such notice, the poundmaster shall proceed to offer the same for sale and may sell such animal to such person as may apply therefor at such price as to the poundmaster shall seem proper.
C. Destruction. In the absence of any such sale, it shall be the duty of the poundmaster to cause such animal to be killed or disposed of in a humane manner.
D. Liability. Nothing contained in this section shall be construed as rendering the city liable for the care or maintenance of any such animal beyond the three days’ impoundment; nor shall anything contained in this section be construed as prohibiting the redemption of any such animal prior to the actual sale or other disposal thereof.
E. Large Animals. In the event the animal impounded shall be a horse, mare, colt, cow, mule, jenny, jack, ass, bull, ox, steer, or calf, the poundmaster shall take the best action with reference thereto, or shall cause such action to be taken with reference thereto, as may be provided in the Estray Law of the state relating to such animals as such law now exists or may hereafter be amended, or in accordance with the requirements of any law relating thereto enacted in place of such law in the event such law shall be repealed, which law, for the purposes of convenience, is referred to as the California Estray Law in this article. (Prior code § 5-1.106)
6.04.090 Right of owner to reclaim impounded animals.
The owner, or any person entitled to the control of any animal impounded, shall have the right to reclaim such animal at any time prior to the sale or actual disposal thereof upon payment to the poundmaster of the cost and charges provided for in this chapter. (Prior code § 5-1.107)
6.04.110 Disposition of proceeds from sales–Suit for recovery.
Whenever any animal is sold as provided in this chapter, the proceeds of such sale, unless otherwise provided in the California Estray Law or in any contract made as provided in this chapter, shall be paid into the city treasury and the owner of such animal so sold, at any time within three months after such sale, may bring suit against the person who received the same in any court of proper jurisdiction to recover any surplus from the sale of such animal after deducting all charges and costs occasioned by reason of the impounding and keeping of such animal, together with the costs of sale. (Prior code § 5-1.109)
6.04.120 Disposition of fees and charges.
All moneys received by the poundmaster as fees and charges of any kind in connection with the licensing, impounding and/or keeping of any animal, unless otherwise provided in the contract made as provided in this chapter or in the California Estray Law, shall be paid by him into the city treasury before noon on the Saturday next succeeding the collection thereof. (Prior code § 5-1.110)
6.04.130 License fees in addition to impounding fees.
When any redemption is made pursuant to this chapter, in addition to paying any impounding fee or cost incurred by reason of the impounding of any animal, there shall also be paid the amount of any license fee which may then be due or payable on such animal pursuant to this chapter or any other law of the city in the event a current license for such animal is not in existence at the time. (Prior code § 5-1.113)
6.04.140 Destruction of cats and dogs by request.
In addition to any other duties imposed upon the poundmaster by this chapter or by the State Estray Law, it shall be the duty of the poundmaster to remove and humanely dispose of any live dog or cat which, either by reason of age or infirmity or request of the owner or person having the care, custody, or control thereof, is delivered to the pound to be destroyed. (Prior code § 5-1.114)
6.04.150 Violation–Penalty.
Any person violating any of the provisions, regulations and/or requirements of this chapter, or disobeying any of the lawful commands, directions and/or orders of the poundmaster, or his authorized representative or deputy, given under any power or authority conveyed or conferred by this chapter, shall be guilty of a misdemeanor. (Prior code § 5-1.115)