Chapter 9.16
IMPOUNDING OF ANIMALS*
Sections:
9.16.010 Animals to be impounded.
9.16.020 Notice to owner of animals impounded.
9.16.030 Hearing following impoundment.
9.16.040 Record of impounded animals.
9.16.070 License fee to be paid upon redemption.
* Prior ordinance history: Ords. 638 and 690.
9.16.010 Animals to be impounded.
(a) Every animal kept or found by an animal control officer or peace officer under conditions which constitute a violation of this title or other state or local law may be impounded or caused to be impounded by an animal control officer or peace officer. The animal’s owner shall be charged with all costs incurred or fees applicable with respect to such impoundment.
(b) When an animal control officer or peace officer has reasonable cause to believe that any animal is dangerous or vicious, the animal control officer may also impound the animal and keep it for such period not to exceed fifteen (15) days in order to observe, examine and determine whether or not such animal is dangerous or vicious.
(c) Any animal subject to dangerous or vicious proceedings may be impounded at the discretion of the animal control officer or peace officer pending notice, hearings and determinations hereunder and until any permit is obtained.
(d) Except as otherwise provided in this title or state law, an impounded animal may be redeemed by the owner after payment of the required fees and charges. In the event such animal is not so redeemed within the time set forth by state law, it may be either sold or destroyed, at the discretion of the animal control program. (Ord. 943 § 6 (part), 2006: Ord. 758 § 1 (part), 1987).
9.16.020 Notice to owner of animals impounded.
Within twenty-four (24) hours of the impoundment of any animal, the animal control officer shall mail a written notice thereof to the place of business or residence of the owner of the animal if known. In the event the animal may not be redeemed as provided by Section 9.16.010(d) of this chapter. The animal control officer shall maintain records of said impoundment pursuant to Section 9.16.040 of this chapter. (Ord. 943 § 6 (part), 2006: Ord. 758 § 1 (part), 1987).
9.16.030 Hearing following impoundment.
Except as otherwise provided, any owner or possessor of any animal impounded pursuant to this title is entitled to a hearing conducted by the health officer or by his designee (the "hearing officer") within ten (10) days following such impoundment provided such owner or possessor (the "petitioner") files a written petition therefore with the animal control program within three (3) days following written notice of such impoundment. Unless the hearing officer otherwise determines, such petitioner is liable for all costs related to such impoundment. At the hearing, petitioner and the animal control program may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The decision of the hearing officer or his designee shall be supported by the weight of the evidence. The petitioner shall be given written notice of the decision, within fifteen (15) days of the hearing.
The hearing officer or his designee according to this title, may rule that the owner or possessor of the animal will lose all rights of ownership and control of the animal; may order that the animal will be destroyed if the animal has bitten or injured a person or domestic animal; may declare an animal to be a dangerous animal as defined in this title; and may require the owner or possessor before the animal is released to his custody to obtain a permit under Section 9.14.020 and sign an agreement which contains conditions, such as, but not limited to, the following:
(1) To keep the animal confined on his premises in an enclosure approved by the health officer or his designee;
(2) To keep the animal securely muzzled, leashed and under the control of a person eighteen (18) years of age or older, and who is physically capable of restraining the animal when the animal is off his property;
(3) To prove financial responsibility by posting a bond or certificate of insurance for an amount not to exceed one hundred thousand dollars ($100,000.00);
(4) To inform, along with the animal control program, any city, county or postal service employee, utility company meter readers, and anyone else, who comes onto the property with implied consent or peaceably and lawfully, of the animal’s viciousness if the animal is moved.
A violation of any of the terms or conditions this agreement shall result in the animal being impounded. (Ord. 758 § 1 (part), 1987).
9.16.040 Record of impounded animals.
The animal control program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the person redeeming or purchasing, and the fees and charges and proceeds of sales received on account thereof, and such additional matters as may be necessary and incidental to implementing this title. The records shall be kept for four (4) years. (Ord. 943 § 6 (part), 2006: Ord. 758 § 1 (part), 1987).
9.16.050 Redemption.
Except as otherwise provided by this title or by any other law, the owner or person entitled to the control or custody of any animal impounded may, at any time before the sale or other disposition thereof, redeem the same by paying all proper fees assessed by the animal control program. The animal control program shall issue to the owner duplicate receipts for the amount of the fee paid. (Ord. 758 § 1 (part), 1987).
9.16.060 Redemption fees.
Fees for animal shelter services shall be as set forth in Section 9.20.010. No animal shall be released to its owner or possessor unless and until such fees are paid in full. (Ord. 758 § 1 (part), 1987).
9.16.070 License fee to be paid upon redemption.
No impounded dog may be redeemed unless and until its license fee, and applicable penalty has been paid. (Ord. 758 § 1 (part), 1987).