Chapter 6.30
IMPOUNDMENT

Sections:

6.30.010    Impoundment of animals.

6.30.020    Duty of notification of stray animal.

6.30.030    Notice of impoundment.

6.30.040    Cost of impoundment and boarding.

6.30.050    Redemption of impounded animals.

6.30.060    Disposition of impounded animals.

6.30.070    Impoundment hearing.

6.30.080    Impoundment hearing decision.

6.30.090    Failure to request impoundment hearing.

6.30.100    Duty to inquire.

6.30.010 Impoundment of animals.

An animal control officer may impound an animal for violation of any provision of this title or state law prior to a hearing where the owner or person with a right to control the animal is not present or where the officer reasonably believes that impoundment is necessary:

(a)    To protect the public health and safety and public and private property;

(b)    To protect an animal which is injured, sick or starving and in need of care; or

(c)    To protect from injury an animal that has strayed onto public property or public right-of-way. (Ord. 16-2018 § 1, 6-5-18.)

6.30.020 Duty of notification of stray animal.

Any person discovering a stray or apparently lost animal shall report the same to the animal shelter. Any person who apprehends or picks up a stray or lost animal shall report the same to the animal shelter within eight hours thereafter and shall release the animal to the animal services manager upon demand. (Ord. 16-2018 § 1, 6-5-18.)

6.30.030 Notice of impoundment.

An animal control officer must give notice of impoundment to the owner of or person with a right to control the impounded animal if he or she is known. (Ord. 16-2018 § 1, 6-5-18.)

6.30.040 Cost of impoundment and boarding.

The animal services manager may recover the cost to impound, board, microchip or alter the animal from either the owner or person with a right to control the animal, in an amount adopted by resolution by the city council. (Ord. 16-2018 § 1, 6-5-18.)

6.30.050 Redemption of impounded animals.

(a)    No impounded animal may be redeemed without compliance with the licensing and permit provisions of this title.

(b)    No impounded animal may be redeemed without payment for the cost of impounding and boarding the animal. The city may send either the owner or the person with a right to control the impounded animal an invoice for the cost of impoundment and boarding.

(c)    Any dog or cat that is impounded more than one time and is not microchipped shall be microchipped prior to release from the shelter to the owner or person with a right to control the animal.

(d)    Any dog or cat that is impounded more than one time and is unaltered shall be spayed or neutered prior to release from the animal shelter to the owner or person with a right to control the animal unless the dog or cat is not subject to the licensing requirement pursuant to Section 6.20.030. (Ord. 16-2018 § 1, 6-5-18.)

6.30.060 Disposition of impounded animals.

(a)    The city may decide disposition of an impounded animal that is not retrieved by its owner within four business days, not including the day of impoundment.

(b)    Notwithstanding the foregoing, if an animal which has been determined by a veterinarian licensed by the state of California or by other city personnel authorized by the animal services manager to be diseased or injured to the extent that emergency veterinary care will not alleviate the animal’s suffering, the animal may be euthanized in accordance with state law. (Ord. 16-2018 § 1, 6-5-18.)

6.30.070 Impoundment hearing.

(a)    If either the owner of or person with a right to control the animal challenges the grounds of the impoundment, that person may personally deliver or mail to the animal services manager a written request for a hearing. Such a request must be received by the animal services manager within four business days, not including the day of impoundment.

(b)    Upon service of a request for a hearing, the animal services manager shall set the date, time and place for the hearing. The animal services manager shall cause notice of the hearing to be personally served or sent by first-class mail, postage prepaid, to the person requesting it at least five business days before the date of the hearing. The hearing shall be conducted in accordance with the provisions of Section 6.60.080.

(c)    The animal services manager may cause notice to be sent pursuant to Section 6.60.070(b).

(d)    Potentially dangerous or vicious dogs are subject to the hearing procedure of Chapter 6.60. (Ord. 16-2018 § 1, 6-5-18.)

6.30.080 Impoundment hearing decision.

(a)    The hearing officer shall issue a written decision within 15 calendar days of the conclusion of the hearing. The hearing officer’s decision must be supported by evidence on the record and may be served personally or by first-class mail, postage prepaid. The owner or person with the right to control the animal may choose to receive the notice electronically.

(b)    If the hearing officer upholds the decision to impound the animal, then the hearing officer may direct that:

(1)    The owner or person with a right to control the dog pay all applicable fees in order to redeem the animal.

(2)    The city may decide disposition of the dog in accordance with state law, if the owner does not want to redeem the animal.

(3)    The owner or person with a right to control the dog has five business days upon service of the hearing officer’s decision to appeal the decision to the superior court pursuant to Section 6.60.100, or the decision will be deemed final if no appeal is filed on or before the expiration of the appeal period.

(c)    If the hearing officer decides that impoundment was not warranted, the hearing officer may require the release of the animal from impoundment without payment of the impound and board fees. (Ord. 16-2018 § 1, 6-5-18.)

6.30.090 Failure to request impoundment hearing.

Any person who fails to submit a written request for a hearing after any seizure or impoundment by an animal control officer within four business days, not including the day of impoundment, will forfeit all rights of ownership and control of the animal to the city of Fremont. Upon such forfeiture, the animal services manager determines the final disposition of the impounded animal in accordance with state law. (Ord. 16-2018 § 1, 6-5-18.)

6.30.100 Duty to inquire.

The owner and/or the person with a right to control the animal have a duty to inquire with the animal services manager to learn if the animal has been impounded, whenever the animal is known to have been missing from the property of the owner or person with a right to control the animal for more than two hours, and neither the owner nor the person with a right to control the animal has received a notice pursuant to Section 6.30.030. (Ord. 16-2018 § 1, 6-5-18.)