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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B31-26. Impoundment hearing.

(a) The Animal Care and Control Manager, or a person designated by the Manager, shall preside over the impoundment hearing. If the animal has been impounded, such hearing shall be within forty-eight hours of the request for hearing, excluding weekends and holidays, unless both parties agree otherwise. If the animal has not been impounded, such hearing shall be within five days of the request for hearing, excluding weekends and holidays, unless both parties agree otherwise. At the hearing the petitioner and the Animal Care and Control Division may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence shall not apply. Any relevant evidence shall be admissible.

(b) Unless the animal has been impounded, the owner/guardian shall produce the animal at the time of the hearing, or if requested by the Division, make arrangements for the Division to view the animal prior to the hearing or provide verification that the animal was humanely destroyed. Any person who fails to produce the animal at the time of hearing, or comply with a Division request otherwise, is guilty of an infraction punishable by a fine of not less than two hundred fifty dollars but not more than one thousand dollars.

(c) After submission of all the evidence, and not more than fifteen days after the hearing, the Manager shall order any of the following separately, or in any combination:

(1) Impoundment of the animal, and conditions, including spaying or neutering, to be met in order for release;

(2) Designation of the animal as potentially dangerous, or vicious, and conditions, including spaying or neutering, to be met in order for release;

(3) Euthanization of the animal;

(4) Any other order as necessitated by the circumstances.

The decision of the hearing officer shall be final and shall be supported by the weight of the evidence. Any release conditions imposed by the Director shall be solely in the interest of protecting public health, safety and property.

(d) If the impoundment is deemed justified by the hearing officer, the animal owner/guardian is liable for the costs of impoundment. If the owner/guardian fails to pay these charges within fourteen days of the impoundment, the animal is deemed abandoned and may be humanely euthanized or placed for adoption.

Even if the animal is deemed abandoned by the owner/guardian, the owner/guardian remains liable for payment of such fees.

(e) Failure of a person to comply with a decision of the hearing officer is a misdemeanor and upon conviction, the Animal Control Officer may immediately seize and impound the animal, if applicable.

(Ord. No. NS-300.745, § 1, 5-2-06)

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