Chapter 6.32
IMPOUNDMENT
Sections:
6.32.010 Running at large – Prohibited.
6.32.020 Running at large – Right of entry.
6.32.030 Impoundment – Authority – Bond or security for confinement.
6.32.040 Impoundment – Interference with prohibited.
6.32.050 Impoundment – Notice.
6.32.060 Impoundment – Dangerous dog – Disposal of animal.
6.32.070 Impoundment – Redemption of animal.
6.32.010 Running at large – Prohibited.
A. It shall be unlawful for the owner of any domestic animal to allow such animal to run at large.
B. This section shall not apply to dogs owned by the city or other law enforcement agencies and maintained as police K-9 units while under the custody and control of the trainer or keeper.
C. This section shall not apply to dogs which are in special areas designated and posted by the chief of police as dog training areas so long as the regulations of the chief of police with respect to the use of such areas are complied with and such dogs are under the custody and control of their trainer. (Ord. 473 § 4 (Exh. D), 2021; Ord. 433 § 1 (Exh. A) (part), 2016)
6.32.020 Running at large – Right of entry.
The animal control authority, an animal control officer, or any other law enforcement officer may, in fresh pursuit, pursue onto private property any sick, dangerous or vicious animal, potentially dangerous dog, or dangerous dog running at large in an attempt to take up and impound said animal. The animal control officer is authorized to rescue from any vehicle any animal that appears in distress by any means available. (Ord. 473 § 4 (Exh. D), 2021; Ord. 433 § 1 (Exh. A) (part), 2016)
6.32.030 Impoundment – Authority – Bond or security for confinement.
The animal control authority and its authorized representatives are authorized to apprehend and impound any animals as provided below. The following provisions apply to seizure and confinement of potentially dangerous dogs, dangerous dogs, animals determined to be a public nuisance, animals not licensed, animals running at large, and animals which have bitten people:
A. Any potentially dangerous or dangerous dog may be seized, removed and impounded by the animal control authority if the dog’s owner has not complied with one or more of the provisions of Chapter 6.36 BMC. If the dog’s owner is charged with a violation under Chapter 6.36 BMC, then:
1. Such potentially dangerous or dangerous dog so seized, removed and impounded shall not be released until after final disposition of the charge(s) against the dog’s owner and by order of the court; and
2. Upon a finding of probable cause by the court for the seizure, removal and impoundment of the dog and the charge(s) against the dog’s owner, the owner must post a bond or security with the city within five days of such probable cause finding in an amount sufficient to provide for the dog’s care for a minimum of sixty days from the seizure date. Such amount shall be specified in the notice of impoundment. Failure to post such bond or security within the time specified shall be considered authorization for the animal control authority to dispose of the dog.
B. If an animal is determined to be a public nuisance, and the animal’s owner has failed to abate the nuisance activity as directed within the time specified in the notice of abatement, then such nuisance animal may be seized, removed and impounded by the animal control authority. If the owner is charged with the misdemeanor violation of failure to abate a nuisance under BMC 6.24.040, then:
1. Such dangerous dog so seized, removed and impounded shall not be released until after final disposition of the charge(s) against the animal’s owner and by order of the court; and
2. Upon a finding of probable cause by the court for the seizure, removal and impoundment of the animal and the charge(s) against the animal’s owner, the owner must post a bond or security with the city within five days of such probable cause finding in an amount sufficient to provide for the animal’s care for a minimum of sixty days from the seizure date. Such amount shall be specified in the notice of impoundment. Failure to post such bond or security within the time specified shall be considered authorization for the animal control authority to dispose of the animal.
C. All animals not licensed as required under this chapter, all animals running at large within the city, and every animal that bites a person may be seized, removed and impounded by the animal control authority for fifteen calendar days. If the animal has not been redeemed within the fifteen-day period, the animal control authority may dispose of said animal.
D. If a licensed veterinarian or the animal control authority has determined that an animal should be destroyed for humane reasons, or for the safety and well-being of the community, the animal may not be redeemed, unless such decision is reversed upon appeal.
E. It is lawful for any police officer or animal control officer to kill any dangerous dog, rabid animal, vicious animal or other animal found at large which cannot, in their judgment, be safely seized, removed and impounded. (Ord. 473 § 4 (Exh. D), 2021; Ord. 458 § 2 (Exh. A), 2019: Ord. 433 § 1 (Exh. A) (part), 2016)
6.32.040 Impoundment – Interference with prohibited.
It shall constitute a misdemeanor for any person to willfully do the following:
A. Prevent or hinder the impounding of any animal found in violation of the provisions of this chapter;
B. Remove any animal from the public pound within the authority of the chief of police, the animal control authority, or the officer in charge of the pound;
C. Remove any animal from the public pound without paying all of the charges against the animal;
D. Resist or obstruct the animal control authority in the performance of its duties. (Ord. 473 § 4 (Exh. D), 2021; Ord. 433 § 1 (Exh. A) (part), 2016)
6.32.050 Impoundment – Notice.
A. Licensed Animal Impoundment. When any licensed animal is impounded, the animal control officer or department impounding such animal shall give notice to the owner of the impoundment and the reasons for impounding the animal. The notice of impoundment shall be as set forth in subsection C of this section. Service of notice shall be as set forth in BMC 1.32.050(C). The animal control authority may establish other additional procedures to facilitate in giving actual notice to the owner of an impounded animal.
B. It shall be the owner’s responsibility to ascertain that an animal has been impounded and to take such measures as are necessary for redeeming such animal. Neither the city nor any officer or agent of the city shall be legally or financially responsible for failing to notify an animal owner under this chapter.
C. Notice – Contents of Notice of Impoundment. A notice of impoundment concerning an animal impounded by the animal control authority shall contain:
1. The name and address, if known, of the owner of the animal;
2. The license number, if available, and description of the animal;
3. A recital of the authority for the impoundment action;
4. A brief concise statement of the facts that support the determination describing the activity of the animal that caused it to be impounded;
5. A statement that the owner may redeem their animal during business hours at an address specified in the notice, if the animal is subject to redemption requirements as prescribed in BMC 6.32.070;
6. If the animal is not redeemable, then the notice shall recite the authority for the animal control authority retaining the animal;
7. If the animal is licensed and it has been determined that disposal of the animal is necessary, then the notice shall recite the authority and reasons for the disposal of the animal by the animal control authority;
8. If the owner has been charged with a criminal violation under this chapter, the notice shall state that upon a finding of probable cause by the court for the seizure, removal and impoundment of the animal and the charge(s) against the animal’s owner, the owner must post a bond or security with the city within five days of such probable cause finding in an amount sufficient to provide for the dog’s care for a minimum of sixty days from the seizure date. The notice shall state the amount to be posted by the animal’s owner. The notice shall state that failure to post such bond or security within the time specified shall be considered authorization for the animal control authority to dispose of the animal;
9. A statement that the notice of impoundment is a final determination, unless appealed, and that an appeal must be filed within ten business days after the date of such final determination with the city clerk as provided in Chapter 1.20 BMC;
10. The signature of the person issuing the notice of impoundment and the date the notice of impoundment was signed. (Ord. 473 § 4 (Exh. D), 2021; Ord. 433 § 1 (Exh. A) (part), 2016)
6.32.060 Impoundment – Dangerous dog – Disposal of animal.
A. If the animal is licensed and it has been determined that disposal of the animal is necessary, then the owner shall be served with a notice of impoundment which shall recite the authority and reasons for the disposal of the animal by the animal control authority.
B. If the animal has been determined to be a “dangerous dog,” then the owner shall be served with a notice of impoundment which shall, in addition to requirements of BMC 6.32.050, recite the authority and reasons for the confiscation of the dangerous dog, that the owner is responsible for the payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days.
C. The animal control authority shall destroy a confiscated dangerous dog in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days of notification of impoundment.
D. Disposal Stayed Pending Appeal. If an appeal is filed as provided in BMC 6.40.010(D) destruction of the animal shall be stayed for the appeal period, provided the owner posts a bond or security with the city within five days of filing such appeal in an amount sufficient to provide for the animal’s care for a minimum of sixty days from the seizure date with the specific amount set forth in the notice of impoundment. If such bond or security is not filed with the city as required, the animal control authority may request the appellate body dismiss the appeal or impose costs upon the appellant for the animal’s care, if the appeal is unsuccessful. The animal control authority or its agents shall not be held liable for the disposal or destruction of animals under this chapter. (Ord. 473 § 4 (Exh. D), 2021; Ord. 433 § 1 (Exh. A) (part), 2016)
6.32.070 Impoundment – Redemption of animal.
An owner of an animal may redeem an animal during business hours any time after an animal has been seized, removed and impounded if:
A. The owner pays all costs of confinement and control of such animal prior to redeeming the animal;
B. The owner has not been served with a preliminary or final determination that an animal which they own is a public nuisance, potentially dangerous dog, or dangerous dog;
C. The owner has been served with a preliminary or final determination of public nuisance, but the owner has signed an agreement to abate the nuisance activity immediately and/or the animal control authority has issued a determination that the owner has abated the nuisance activity as directed;
D. The owner has been served with a declaration of preliminary or final determination of potentially dangerous or dangerous dog, but the owner has properly registered the dog as a potentially dangerous dog or dangerous dog as required under this title;
E. The animal is not being held for quarantine because it bit a person or because it has been exposed to rabies; or
F. A licensed veterinarian or the animal control authority has not determined that an animal should be destroyed for humane reasons, or for the safety and well-being of the community. (Ord. 473 § 4 (Exh. D), 2021; Ord. 433 § 1 (Exh. A) (part), 2016)
6.32.080 Impoundment – Fees.
A. The animal control authority shall be entitled to charge for the cost of impoundment as established by resolution of the city council.
B. The animal control authority may charge an owner for any actual costs for care, feeding, and boarding of impounded animals, so long as such actual costs are offset by the amount of fees established by resolution of the city council as fees for care, feeding, and boarding of impounded animals. (Ord. 473 § 4 (Exh. D), 2021; Ord. 433 § 1 (Exh. A) (part), 2016)
6.32.090 Penalties.
A violation of this chapter shall constitute a Class C nontraffic civil infraction and shall be punished in accordance with the general fine and penalty provision of BMC 1.28.030(C) for nontraffic civil infractions. Continual failure to abate, correct, or failure to respond to any infraction or notice of violation and order of correction as issued shall constitute a misdemeanor and shall be subject to the uniform fine and penalty for misdemeanors, in accordance with the general fine and penalty provisions of BMC 1.28.030(C). (Ord. 473 § 4 (Exh. D), 2021)