(A) Impoundable animals. The following animals may be impounded by the animal control officer:
1. Any animal being kept, maintained or harbored contrary to the provisions of this chapter;
2. Any sick or injured animals found in a public place and whose owner cannot be located;
3. Any stray or abandoned animal;
4. Any animal which is not vaccinated for rabies in accordance with the requirements of this chapter;
5. Any animal being abused, cruelly or inhumanely treated as defined in this chapter;
6. Any animal found in the act of killing, wounding or persistently pursuing livestock or fowl on land or premises which are not owned or possessed by the owner of the animal; and
7. Any animal at the owner’s expense while the owner or keeper is improving the enclosure so that the animal can be kept confined to its property.
(B) Care of impounded animals. The animal control officer shall ensure that all animals impounded are provided with adequate food and water, and are treated in a humane and proper manner.
(C) Records to be kept.
1. The city’s Police Department shall keep accurate records which shall include:
(a) A complete description of the animal, including any tag numbers;
(b) The date the animal was taken up, medically treated, euthanized or impounded;
(c) The location and circumstances that the animal was taken up, medically treated, euthanized or impounded;
(d) The names of the personnel who took up, medically treated, euthanized or impounded the animal;
(e) A description of the personnel who took up, medically treated, euthanized or impounded the animal;
(f) The manner, date of disposal and final disposition of the animal, including the name of the person who euthanized the animal or the name and address of the adopting party;
(g) The name and address of the redeemer or purchaser;
(h) The name and address of any person relinquishing an animal to the impound facility;
(i) All fees received; and
(j) All expenses accrued during impoundment.
2. In accordance with state law, these records shall be maintained for three years after the date the animal’s impoundment ends.
(D) Disposition of animals.
1. Transfer to facility. All impounded animals shall be promptly transferred to the county animal shelter.
2. Minimum stay. Animals shall be impounded for a minimum of three days (not including the day of impoundment), before further disposition, except as otherwise provided herein. Reasonable effort shall be made to notify the owner of any animal wearing a license or other identification during that time. Any animal relinquished by the purported owner shall be held for two full business days, not including the day of impoundment. The animal shall be available for owner redemption for the first day, not including the day of impoundment, and shall be available for owner redemption or adoption as provided in this section for the second day. Any rabbit, guinea pig, hamster, bird, lizard, snake, turtle or tortoise legally allowed as personal property impounded in a public or private shelter shall be held for the same period of time as provided for in this subsection (D).
3. Further disposition. All dogs, cats or other animals except for those required to be quarantined or confined, which have been held longer than the minimum impound period, and all dogs, cats or other animals voluntarily relinquished to the animal shelter may be destroyed or sold as the city’s Police Chief may direct. Upon destruction of an animal, the owner or person responsible for the animal shall pay the animal destruction fee set by resolution of the City Council. Bovine livestock such as horses, mules or burros shall be turned over to the Bureau of Livestock for identification by that office. Any other livestock shall be disposed of in accordance with the provisions of the Cal. Food and Agriculture Code §§ 17063 to 17095.
4. Sale and adoption. Any healthy dog, cat or other animal not redeemed by the owner or keeper after three days (not including the day of impoundment), may be sold at auction or to any responsible person desiring to purchase such animal for a price to be determined by an animal control officer but not to exceed $100 per animal, plus license fees, veterinary charges, spay or neuter charges and rabies vaccination charges, if required. No person shall be permitted to adopt or purchase any dog or cat which has not been spayed or neutered, from any public pound, any animal shelter, society or organization.
5. Veterinary services. Any licensed animal impounded and having or suspected of having a serious physical injury or contagious disease requiring veterinary attention, may, in the discretion of the city’s Police Chief, be released to the care of a veterinarian with the consent of the owner or keeper. Upon release from veterinary treatment, such animal shall return to impoundment, unless redeemed or purchased. If the animal requires veterinary care and the city is not assured, within 14 days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the city in accordance with this chapter. The owner shall be responsible for the costs of treatment of a veterinarian regardless of whether it is redeemed by him or her or not.
6. Emergency animal destruction.
(a) When, in the judgment of the city’s animal control officer, police officer, Police Chief or Police Chief’s designee, it is determined that an animal should be destroyed where the animal is too severely injured to move, is incurably crippled, or is suffering from any incurable, dangerous or contagious disease; or is an unlicensed vicious, dangerous or fierce animal; or for any other humane reason; or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitations otherwise established herein, and without court order.
(b) A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.
(E) Redemption. The owner of any impounded animal or his or her authorized representative may redeem such animal before disposition provided he or she pays:
1. The pick-up fee to city;
2. The daily boarding fee charged by the facility having charge of the animal;
3. Redemption fee to the city;
4. Any veterinary costs incurred during the impound period, including a reasonable fee for any required rabies vaccination;
5. Cost of rabies vaccination, if required;
6. License fee, if a license is required; and
7. Actual cost of any extraordinary measures required in or for the handling and maintenance of the animal while impounded. A person convicted of a violation of this chapter shall be personally liable to the city for all costs of impoundment from the time of seizure to the time of proper disposition.
(F) Redemption fees. No animal shall be released until redemption fees, costs of care and feeding, veterinary fees incurred, if any, and any fees and penalties provided by this title have been paid. Redemption fees shall be established from time to time by the City Council. In addition to redemption fees provided for during regular business hours, the owner of any animal which was impounded as a result of an after business hours call to the animal control officer shall be an additional fee, as established by the City Council by resolution, for the service of impounding the animal after regular business hours.
(G) Redemption exceptions. The animal control officer, at his or her discretion may refuse to permit the redemption of any animal impounded pursuant to the provisions of this chapter, or any other county, state or municipal law, until the need for retention of such animal no longer exists. The cost of continued retention shall be borne by the owner.
(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)