Chapter 6.08


6.08.010    Poundmaster.

6.08.020    Interference with poundmaster.

6.08.030    Authority to enter premises.

6.08.040    Impoundment duties.

6.08.050    Citations.

6.08.060    Prima facie evidence of violations.

6.08.070    Penalties for violations.

6.08.080    Dog capture or dispatch powers.

6.08.100    Property guardians authorized to capture.

6.08.110    Badges.

6.08.120    Statements by dog guardians – Requirements.

6.08.130    Detention and destruction of animals declared to be vicious or habitual offenders.

6.08.140    Appeals.

6.08.010 Poundmaster.

The office of poundmaster is created. The poundmaster shall supervise the animal shelter; the care of animals impounded therein and shall administer and enforce this title and all laws concerning animal shelters, animals and the impounding thereof within the city. Alternatively the poundmaster shall contract with local veterinarians or other qualified and licensed agencies, organizations and board and care facilities to provide necessary animal shelter services. The poundmaster shall also enforce such other provisions of this code or of ordinances or state laws relative to the care, treatment or impounding of animals for the prevention of cruelty thereto. It is the further duty of the poundmaster to: (1) call for, take up, seize and impound any and all stray animals on the streets of the city and from the possession and custody of any person upon whose property the same may be, upon the call or request of such person, and to impound or dispose of same in the manner provided by this title; (2) to patrol the city streets for violations of this title and to seize and impound stray, at large or vicious animals from the public streets of the city; and (3) to call for, take up, take away and dispose of animals if such have died and are upon the public streets or upon property of any person not the guardian thereof. (Ord. 912 § 2, 2006)

6.08.020 Interference with poundmaster.

It is unlawful for any person to resist or interfere with the poundmaster or deputy poundmasters in the discharge of their official duties. (Ord. 912 § 2, 2006)

6.08.030 Authority to enter premises.

The poundmaster, deputy poundmaster and animal control officers are authorized to enter and inspect any premises upon which any animal is kept. Such officer may demand that the guardian produce proof that the animal is licensed in compliance with this title. (Ord. 912 § 2, 2006)

6.08.040 Impoundment duties.

It shall be the duty of the poundmaster and his or her deputies to take up and deliver to the animal shelter those animals that are directed to be taken up and impounded by this title or which are found or kept contrary to the provisions of this title. (Ord. 912 § 2, 2006)

6.08.050 Citations.

For the purpose of discharging the duties imposed by this title, the poundmaster and animal control officers are authorized to arrest persons for violations of this title and to issue citations to persons arrested pursuant to Section 853.6 of the Penal Code of the state of California. (Ord. 912 § 2, 2006)

6.08.060 Prima facie evidence of violations.

Upon proof by the poundmaster that a dog was found running at large in violation of the provisions of this title, together with proof that the defendant was the guardian or was a person having charge, care or control of such dog at the time, shall constitute prima facie evidence that the guardian or such other person did allow or permit the dog to run at large. (Ord. 912 § 2, 2006)

6.08.070 Penalties for violations.

Any person in violation of any provision of this title is guilty of an infraction. (Ord. 912 § 2, 2006)

6.08.080 Dog capture or dispatch powers.

Animal control officers are expressly authorized, when acting in the course and scope of their official duties, to capture or, if no other reasonably effective means of control is available, to kill any dog found at large in the act of violating Section 6.14.430. (Ord. 912 § 2, 2006)

6.08.100 Property guardians authorized to capture.

Any person, who finds any dog upon his or her property without permission, in violation of this chapter, may use any reasonable means to capture such dog for the purpose of delivering it to the poundmaster for impoundment. (Ord. 912 § 2, 2006)

6.08.110 Badges.

Animal control officers, while engaged in the execution of their duties, shall wear in plain view a badge having, in the case of the poundmaster, the word “Poundmaster,” and in the case of the deputy poundmaster, the words, “Deputy Poundmaster” engraved thereon. This requirement shall not apply to uniformed police officers or community service officers. (Ord. 912 § 2, 2006)

6.08.120 Statements by dog guardians – Requirements.

Upon request of an animal control officer or any peace officer, the guardian of any dog shall state his/her true name and residence address and produce evidence that the dog has a current rabies vaccination or the license certificate required by this title. (Ord. 912 § 2, 2006)

6.08.130 Detention and destruction of animals declared to be vicious or habitual offenders.

Whenever the poundmaster or his/her deputy lawfully impounds any animal for violations of this title and has reasonable cause to believe (based on personal knowledge of repeated violations of this title or the sworn written statement of one or more persons residing or employed in the neighborhood) that the impounded animal is either vicious or a habitual offender, the poundmaster may declare the animal a habitual offender or a vicious animal and serve notice upon the guardian of the animal that the animal will be destroyed upon the expiration of seventy-two hours consistent with Civil Code Section 1834.4 and any applicable state regulations. Service of such notice shall be made personally upon the guardian of the animal, by mail to the last known address or by publication in a newspaper of general circulation for two consecutive days and the posting of a notice in a conspicuous place where the animal was situated. Having served the notice, the poundmaster shall detain the animal at the guardian’s expense until the animal is destroyed. (Ord. 912 § 2, 2006)

6.08.140 Appeals.

The guardian so served with notice may appeal the decision of the poundmaster to the city council in the manner specified in Chapter 2.52 of the Capitola Municipal Code except that such appeal must be made within seventy-two hours of impound. In such an event, the poundmaster’s order shall not be carried out until a hearing is held and the council either upholds or overturns the order. The guardian shall pay all applicable fees as established by resolution for the period in which the animal is held pending appeal. (Ord. 912 § 2, 2006)