(A) General. Any animal regulations officer may seize and impound an animal found running at large or otherwise in violation of the provisions of this chapter. The animal regulations officer is specifically authorized to seize and impound an animal required to be but not licensed or vaccinated under this chapter and a menacing animal in violation of an order from an animal regulations officer.
(B) Dangerous animals. If upon investigation an animal regulations officer determines that there is probable cause to believe that an animal is potentially dangerous, vicious or otherwise poses an immediate threat to public safety, the animal regulations officer may seize and impound the animal pending administrative hearings or court proceedings held to determine disposition of the animal pursuant to this chapter. Animals impounded pursuant to this section may, if an animal regulations officer determines it is not contrary to public safety, be confined at the owner's expense in a kennel or veterinarian facility approved by an animal regulations officer.
(C) Sick, injured or mistreated animals. Upon discovery of a sick, injured or mistreated animal, the animal regulations officer may seize and impound such animal. In addition to the provisions of this section, the city may proceed in accordance with the provisions of Cal. Penal Code § 597.1.
(D) Impoundment by individuals for trespassing animals. The owner of private property, or his or her representative, may take up and detain any animal found trespassing upon such private property. Any person taking up and detaining any animal pursuant to the provisions of this section shall immediately notify an animal regulations officer of the address where the animal is detained and shall turn the animal over to the animal regulations officer upon demand for impounding.
(E) Notice to owners of impounded animal. Within a reasonable time consistent with the purposes of this chapter and state law, after the impounding of any animal, the owner if known, shall be notified of the time and place of the seizure either in person, by telephone, or by United States mail. If the owner of the animal is unknown, written notice shall be posted for not less than four consecutive days in a conspicuous place outside City Hall.
(F) Seizure hearings.
(1) Post seizure hearing. Whenever an animal regulations officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal, the health or safety of others, or for any other lawful reason, the animal regulations officer shall, within a reasonable time, provide the owner or keeper of the animal, if known, with the opportunity for a post seizure hearing to determine the validity of the seizure or impoundment, or both.
(2) Pre-seizure hearing. Where the need for immediate seizure is not present and prior to the commencement of any criminal, civil or administrative proceedings authorized by this chapter, the city shall, within a reasonable time, provide the owner of the animal, if known, with the opportunity for a hearing prior to any seizure or impoundment of the animal.
(3) Hearing procedures. If the owner of the animal requests a hearing, a hearing shall be scheduled before the City Manager or a officer in accordance with the city's Administrative Hearings chapter. The hearing shall be held within five business days. The hearing shall be conducted in accordance with the procedures set forth in the Administrative Hearings chapter. The hearing officer's decision shall be final.
(G) Redemption.
(1) The owner of any animal, other than a potentially dangerous or vicious animal, a sick, injured or mistreated animal, or an animal prohibited in the city, may reclaim and redeem such animal upon:
(a) Satisfactory proof of ownership;
(b) Payment of the costs and expenses incurred by the city for impounding and maintaining such animal, including the payment of costs and expenses incurred by the City for implanting a microchip;
(c) Payment of a deposit for the animal not being spayed or neutered as required by this chapter;
(d) Payment of any fees or penalties provided for in this chapter;
(e) Payment of a redemption fee;
(f) Payment of any previously incurred fees, penalties, court imposed fines and restitution, and sustained administrative citation fines under this chapter relating to the impounded animal;
(g) For animals at large, proof satisfactory to an animal regulations officer that the animal will be securely confined and adequately cared for; and
(h) For menacing animals, proof satisfactory to an animal regulations officer that the owner will comply with the orders of an animal regulations officer.
(2) Redemption shall be conditioned upon:
(a) The acquisition of any required license and the payment of any license fees not yet paid within the required time period; and
(b) The payment of any sustained administrative citation penalties if an administrative citation is issued by the city for a violation of this chapter which lead to the impoundment.
(3) If the owner of a redeemed animal fails to timely acquire a required license and pay any license fees, court imposed fines and restitution, or pay administrative citation fines, the redeemed animal may be impounded by an animal regulations officer for an additional redemption period.
(4) The license fee, the costs and expenses for impounding and maintaining the animal, the microchip fee, the redemption fee, and any penalties shall be in an amount established in the city's Fee Schedule. The penalties and deposit for not having an animal spayed or neutered shall be as provided for in the city's Fee Schedule or state law as applicable. The penalties for administrative citations shall be those set forth in the citation.
(5) An animal impounded as potentially dangerous or vicious shall be subject to disposition as provided for in § 92.14 of this chapter. Animals impounded as sick, injured or mistreated animals, shall be subject to disposition as provided for in this chapter or in accordance with the provisions of Cal. Penal Code § 597.1.
(6) Notwithstanding satisfaction of the requirements for redemption, an animal regulations 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 municipal, county or state law, until in his or her opinion the need for the retention of such animal no longer exists. The animal regulations officer shall document in writing the need for the retention of an animal under this division and notify the owner of his or her right to contest that determination by filing a written request for a hearing within two business days of receipt of the determination. If the owner requests a hearing, the animal regulations officer shall schedule a hearing before a hearing officer appointed by the City Manager. The hearing shall be held within five business days. The hearing shall be conducted in accordance with the procedures set forth in § 92.14(C) of this chapter. The hearing officer's decision shall be final.
(H) Duration of impoundment.
(1) Dogs and cats. All impounded dogs and cats shall, unless sooner redeemed, be kept in the Animal Shelter for the period of time required by state law, or if no time is provided, for not less than four business days.
(2) Farm animals. Any impounded farm animals shall, unless sooner redeemed, be kept in the Animal Shelter for the period of time required by state law, or if no time is provided, for not less than four business days.
(3) Other animals. Any other impounded animal shall, unless sooner redeemed or adopted, be kept in the Animal Shelter for the period of time required by state law, or if no time is provided, for not less than four business days.
(4) Other facilities. The city may make arrangements with other agencies to hold the animal at their facilities for the required duration.
(I) Abandonment. Except as otherwise provided in this chapter, an impounded animal which is not redeemed within the specified holding period, whether due to a failure to satisfy monetary obligations or otherwise, shall be considered to be abandoned by its owner and shall become the property of the city. Such animal may be adopted or euthanized. Abandonment does not relieve the owner's obligation to pay all fees related to the impounding and keeping of the animal.
(J) Voluntary surrender: fees.
(1) Upon request, an owner may surrender his or her animal to the city for placement for adoption or other disposition. Any animal that is voluntarily surrendered to or deposited with the Animal Shelter by the owner shall immediately thereafter become the property of the city. It shall be understood that no guarantee of placement will be made, and humane disposal will be at the discretion of an animal regulations officer, or authorized Animal Shelter designee.
(2) Any owner of an animal who voluntarily surrenders an animal to the city shall be subject to a fee as set forth by city resolution for each animal.
(3) The surrender of an animal by an owner to the city and subsequent to impoundment for a violation of this chapter or any provisions of state law, shall not relieve the owner of the obligation to pay such charges as set forth in this chapter incurred prior to such surrender, plus accumulated boarding charges, veterinary charges or any other charges related to the impounding and keeping of the animal.
(K) Removing animal from custody without permission prohibited. No person shall remove any animal(s) from the custody of an animal regulations officer, from the Animal Shelter, or from a city holding facility or vehicle without permission from an animal regulations officer.
(Ord. 14-101, passed 7-8-2014)