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CHAPTER 6.08
ANIMALS RUNNING AT LARGE
Sections
   6.08.010   Poultry and other domestic fowl.
   6.08.020   Domestic bovine and certain other domestic livestock.
   6.08.030   Dogs.
   6.08.040   Other domestic animals.
   6.08.050   Impoundment - Notice.
   6.08.060   Impoundment - Minimum holding period - Redemption, release or euthanasia.
   6.08.070   Impoundment - Conditions of redemption or release.
Statutory reference:
   For statutory provisions on animals at large, see Cal. Food and Agriculture Code §§ 16301 et seq .
   For provisions authorizing local regulation of estrays, see Cal. Food and Agriculture Code § 17003
6.08.010 Poultry and other domestic fowl.
   The running at large of chickens, ducks, geese and other domestic fowls in or upon any public property or the gardens, yards, fields or premises of any person in the city, other than the lawful keeping of such fowls on the property of the owner or keeper of such fowls, is a nuisance; and it is unlawful for the owner or keeper of any such fowls to suffer or permit the same to run at large in any such places within the city.
(`78 Code, § 6.08.010.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011.)
6.08.020 Domestic bovine and certain other domestic livestock.
   No owner or keeper of any domestic bovine animal, horse, mule, burro, sheep, goat or swine shall permit such animal to wander, run at large, pasture or graze in or on any public property within the city.
(`78 Code, § 6.08.020.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011.)
6.08.030 Dogs.
   Dogs running at large shall be governed by the provisions of Chapter 6.12 of this code.
(Ord. 3170 § 2 (part), 2014.)
6.08.040 Other domestic animals.
   Every domestic animal found running at large or trespassing upon any private property within the city may be captured by the party owning, controlling or having possession of such property, or by his or her representative, and shall then be committed to the Animal Control Bureau; provided, however, that the only trap used in such capture shall be the type of trap approved by the Animal Control Bureau. Any person capturing a domestic animal found running at large or trespassing upon any private property shall promptly notify the Animal Control Bureau of such capture, and it shall be unlawful for any such person to fail or refuse to surrender the animal to the Animal Control Bureau. The Animal Control Bureau shall thereafter treat the domestic animal has having been impounded, and shall comply with the provisions of § 6.08.050.
(Ord. 3170 § 2 (part), 2014.)
6.08.050 Impoundment - Notice.
   (A)   It shall be the duty of an animal control officer, upon finding any animal at large in violation of the terms of this chapter, to place such animal in the city animal shelter. Within one business day after such seizure, the Animal Control Bureau shall give written notice to the owner or keeper of the animal, if known.
   (B)   Notice shall be provided either: (1) by personal delivery; (2) by posting the premises where the animal is kept (for notice to an owner, keeper or other responsible party who resides at or occupies the premises where the animal is kept); or (3) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail. If notice is posted on the premises, it shall be posted on the front door or primary entrance to the premises, or at a location which is visible from the street and which is as close to the front door or primary entrance to the premises as is reasonably possible, and time and date-stamped photographic evidence of the posting shall be taken and preserved as part of the file for the matter. Notice shall be deemed delivered when personally delivered, posted on the premises, or when deposited in the U.S. mail.
(`78 Code, § 6.08.030.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011.)
6.08.060 Impoundment - Minimum holding period - Redemption, release or euthanasia.
   (A)   It shall be the duty of the Animal Control Bureau to keep all impounded animals for a minimum holding period of at least six business days, not including the day of impoundment.
   (B)   During the first three business days of the holding period, not including the day of impoundment, only the owner may redeem the animal.
   (C)   If, upon conclusion of the third business day of the holding period, not including the day of impoundment, the animal has not been redeemed by its owner, the Animal Control Bureau may sell or give away the animal at a public or private adoption sale, provided that the adoption of the animal shall not occur until after the conclusion of the sixth business day of the holding period, not including the day of impoundment. Any such adoption will not be contrary to the public health, safety and general welfare. The owner shall have first priority to redeem the animal any time prior to the conclusion of the sixth business day, not including the day of impoundment.
   (D)   If an impounded animal is not redeemed by its owner or adopted at the conclusion of the six business day holding period, not including the day of impoundment, the Animal Control Bureau may, in its discretion, either continue the sale or adoption process or euthanize the animal in some humane way and in no other manner.
   (E)   Notwithstanding anything in this chapter to the contrary, an impounded animal may be euthanized by the Animal Control Bureau without complying with the above holding period if the animal reasonably appears to the Animal Control Bureau to be:
      (1)   Suffering from rabies;
      (2)   Affected with hydrophobia, mange or other infectious or dangerous disease;
      (3)   Incurably crippled, infirm and suffering on account of advanced age; or
      (4)   Seriously and irreparably injured.
   (F)   If an animal is euthanized pursuant to this section, the animal's owner shall be charged a fee in an amount established by resolution of the City Council.
   (G)   If an impounded animal falls within the provisions of Food and Agricultural Code §§ 17001 et seq., the Animal Control Bureau will handle the impounded animal accordingly.
(Ord. 3229 § 1, 2016; Ord. 3170 § 2 (part), 2014.)
6.08.070 Impoundment - Conditions of redemption or release.
   (A)   No impounded animal shall be redeemed by its owner or released to any person, except where there has been performance of all of the following conditions:
      (1)   If required by applicable law, a current license for such animal has been issued by the Animal Control Bureau or other responsible agency.
      (2)   All fees for impounding and boarding the animal have been paid, which shall total no less than the fees established by resolution of the City Council.
      (3)   The Animal Control Bureau has determined that the animal does not have, and is not reasonably suspected of having, rabies.
      (4)   The Animal Control Bureau has determined that it would not be contrary to the public health, safety and general welfare to release the animal.
   (B)   No person shall remove an impounded animal from the city animal shelter without the consent of the Animal Control Bureau.
(Ord. 3170 § 2 (part), 2014.)