A. Animal Control Officers, Humane Officers, Code Enforcement Officers, Peace Officers, the City Manager and any person designated for that purpose by the City Manager are authorized and empowered to, and shall, enforce the provisions of this Title, and State and federal laws and regulations authorizing such enforcement relating to the care, control and treatment of animals, including, but not limited to the following:
1. Capture, receive, take-up and impound:
a. Any dog or other animal found running at large in violation of this Chapter or any law of the State of California;
b. Any dog or other animal which is molesting any person;
c. Any dog or other animal which is molesting or harassing animals, birds or pets upon the premises of any person;
d. Any animal, including wild animals or birds, being kept or maintained within a person’s premises in violation of this Chapter or of any law of the State of California;
e. Stray, unwanted or abandoned animals;
f. Dogs or other animals which are unlicensed and/or unvaccinated in violation of this Chapter or other applicable laws;
g. Animals delivered for disposition, after the owner has paid the required fee and released all title and interest in the animal by signing the form provided by the Animal Control Officer for this purpose; or
h. Animals for which the owner or custodian is unable to care because of imprisonment, illness or other preventing contingency, or in cases in which the owner or custodian cannot be found;
2. Regularly and adequately feed, water and otherwise care for all dogs or other animals impounded under the provisions of this Chapter or to provide for such feeding and watering;
3. Receive, take-up and impound any sick or injured dog or other animal whose owner is unknown or unidentified; to humanely destroy any such injured dog or other animal, when, in the opinion of a licensed veterinarian, such destruction is necessary and humane, and is performed in compliance with Business & Professions Code section 4827; and to make proper disposition of such animal. Should an injured or destroyed animal be an identified animal, then the owner of said animal shall be immediately notified of its injury or destruction;
4. Do and perform any other acts necessary to carry out the provisions of this Title and of the laws of the State of California relating to dogs or other animals.
B. If an Animal Control Officer has reasonable cause to believe that any person has violated any of the provisions of this Title, or any State laws which the Animal Control Officer is authorized to enforce, relating to the care, control and treatment of animals, the Animal Control Officer may apply the penalty provisions set forth in Sections 7.04.140 and 7.04.145 of this Chapter.
C. The Animal Control Officer having custody of any impounded dog or other animal may, by humane methods, summarily destroy the same if:
1. The dog or other animal is suffering from any incurable or contagious disease as certified to by a licensed veterinarian; or
2. The animal is suffering from a severe injury as certified to by a licensed veterinarian; or
3. The animal is a newborn in need of maternal care and has been impounded without its mother; or
D. Any Animal Control Officer having in his custody any unlicensed, impounded dog or other animal not suffering from any infectious or communicable disease may, in accordance with the provisions of this Title, release the same to any adult person who will pay the Shelter fees and charges as specified in the City’s Fee Schedule, which shall be adopted by resolution of the City Council.
E. All the provisions of this Chapter pertaining to impounded, unlicensed dogs, except the licensing provisions thereof, shall apply to impounded animals.
F. The Shelter keeper or Pound keeper or any duly authorized person shall have the right to receive and dispose of dogs or other animals delivered into his/her possession by the owners thereof and shall charge a specified fee for each dog, cat, puppy, kitten or other animal delivered into his/her custody.
G. When the breed of an unspayed or unneutered dog is at issue, the Animal Control Officer shall determine whether such dog is a pit bull. If the owner of the dog wishes to appeal the Animal Control Officer’s determination that the dog is a pit bull, he or she may, within ten (10) calendar days of the determination, request a hearing before the hearing officer. The hearing shall be held in accordance with Sections 7.04.160 through 7.04.180 of this Chapter.
H. Any impounded animal which has not been redeemed or sold may be disposed of by euthanasia in accordance with State and City laws.
I. Disposition of Impounded Animals.
1. An impounded dog or other animal may be redeemed in accordance with the provisions of this Title, by payment of a specified Shelter fee in addition to the daily charges and other charges, if any, for each day the animal has been impounded.
2. Any dog over the age of four (4) months which has been impounded shall not be released from the Shelter, unless it is first licensed in accordance with the provisions of this Chapter.
3. Any Animal Control Officer acting under the provisions of this Chapter and impounding a licensed dog, shall give notice in person, by phone or by mail to the last known address of the owner, of the impounding of such dog. If such dog is not redeemed and owner or possessor does not pay the fees required as specified in this Chapter within ten (10) days after notice has been given, the Shelter or Animal Control Department shall dispose of such dog in accordance with the provisions of this Title.
J. Sterilization (Spay/Neuter) Requirements.
1. Cats - Spay/Neuter Requirements. No person owning or otherwise having a cat over four (4) months of age in his/her care, charge, control, custody or possession shall cause, permit or allow such cat to be unconfined in or upon any public street, road, alley or other public or private place, including the exterior yards of the animal owner’s property, unless such cat is spayed or neutered. An Animal Control Officer may seize or impound every cat found in violation of this Section and shall require the owners or guardians of the cat to either spay or neuter the cat within fifteen (15) days of such violation or produce a certificate of sterilization proving that the cat is already altered. Failure to comply with this Section will result in a citation.
2. When a person is cited or a cat is impounded under this Section, the owner of the cat, if known, shall be notified in writing and given seven (7) calendar days to request a hearing held in accordance with Sections 7.04.160 through 7.04.180 of this Chapter. The decision of the hearing officer shall be final.
K. Impoundment - Challenge by Owner. If the owner of an animal wishes to challenge an impoundment, the owner shall personally deliver or mail a written request for a hearing before the Shelter supervisor. The request must be received by the Shelter supervisor within four (4) days of the impoundment. The Shelter supervisor shall review the request, together with additional evidence presented at or before the time of the hearing, and shall determine whether or not the impoundment was proper. Unless a provision of this Chapter requires otherwise, if the Shelter supervisor determines that the impoundment was improper, the animal shall be immediately returned to its owner.
L. Mandatory Sterilization for Second Impoundment.
1. Any animal which is impounded by any agency within the City two (2) or more times while under the same ownership shall be microchipped and ordered spayed or neutered within fifteen (15) days of being released to the owner (at the owner’s expense and at the veterinarian of the owner’s choosing). The cost of the microchipping shall be added to the redemption fee described in Subsection I. of this Section. The owner of the animal shall provide written documentation from the veterinarian performing the surgery to the Animal Control Officer within seven (7) days of the surgery as verification that such surgery occurred.
2. Any owner of an impounded animal subject to mandatory sterilization under Subsection 1. of this Section may request, in writing and within seven (7) calendar days following notice of the second impoundment, a hearing to be conducted by the Shelter supervisor or his/her designee. Such hearing shall be held within five (5) calendar days of such request and shall determine whether good cause exists for an exemption from the provisions of Subsection 1. herein. If no good cause is established, then the animal shall be ordered spayed or neutered.
3. Good cause for an exemption from mandatory sterilization shall exist if the animal was at large due to an act of God, emergency, or other mitigating factor not caused by the negligence of the owner or other person in control of the animal, or upon presentation of documentation from the animal’s veterinarian stating that a health condition exists that would preclude such a surgery. The burden of proof to establish good cause for an exemption shall be upon the owner and shall be established by a preponderance of the evidence.
M. Sterilization Prior to Adoption. No unclaimed impounded dog or cat shall be released for adoption without first being sterilized or without written statement from a licensed veterinarian that it would be detrimental to the animal’s health to have it sterilized at this time. A sterilization fee established by the City shall be collected at the time of adoption.
N. Record of Impounded Animals. The Shelter supervisor, or any other duly authorized person, shall keep a record of all animals impounded by him/her which shall show:
1. Date of impoundment.
2. License tag number, if any.
3. Complete description of animal.
4. Date and manner of its disposal.
5. If redeemed or sold, the name and address of the person by whom redeemed or purchased, the amount of all fees and other moneys received or collected and the disposition thereof.
[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]