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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER II. IMPOUNDMENT OF ANIMALS

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

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CHAPTER II.
IMPOUNDMENT OF ANIMALS

Sec. B31-20. Authority to impound, generally.

An Animal Control Officer must provide for an impoundment hearing as set forth in Sections B31-21 and B31-26, prior to impoundment of an animal in the following instances:

(a) When an animal poses a public nuisance as described in Section B31-13;

(b) When a dog is in violation of Section B31-31 pertaining to restraint requirements;

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-21. Notification of intent to impound.

The Animal Care and Control Division shall notify the animal owner/guardian of the intent to impound an animal pursuant to Section B31-20. The notice shall contain the following information:

(a) The name, business address, and telephone number of the officer providing the notice.

(b) A description of the animal seized, including any identification upon the animal.

(d) A statement that, in order to receive a hearing prior to any seizure, the owner/guardian or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership/guardianship or right to keep the animal to the Animal Care and Control Division within two days, excluding weekends and holidays, of the date of the notice.

(e) A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal pursuant to California Penal Code Section 597.1(f), that any animal seized shall not be returned to the owner/guardian until the charges are paid, and that failure to request or attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner/guardian shall be liable for the charges.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-22. Authority for immediate impound prior to a hearing.

An Animal Control Officer has the authority to seize and impound animals including livestock prior to an impoundment hearing in the following instances:

(a) When the Animal Control Officer reasonably believes it is necessary:

(1) To protect public health, safety and property; or,

(2) To protect an animal which is injured, sick, or starving and must be cared for.

(b) When an animal is running at large on public property, or on private property without the permission of the property owner or the person with the right to control the private property.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-23. Notification upon impoundment.

Upon the impound of an animal with owner/guardian identification, the Animal Care and Control Division shall cause notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of impoundment, and/or mail to the owner/guardian or keeper within forty-eight hours, excluding weekends and holidays.

The notice shall include all of the following:

(a) The name, business address, and telephone number of the officer providing the notice.

(b) A description of the animal seized, including any identification upon the animal.

(c) The authority and purpose for the seizure, or impoundment, including the time, place, and circumstances under which the animal was seized.

(d) A statement that, in order to receive a post seizure hearing, the owner/guardian or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership/guardianship or right to keep the animal to the County Animal Care and Control Division providing the notice within ten days, including weekends and holiday, of the date of the notice. The declaration may be returned by personal delivery or mail.

(e) A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal pursuant to California Penal Code Section 597.1(f), that the animal shall not be returned to the owner/guardian until the charges are paid, and that failure to request or attend a scheduled hearing shall result in liability for this cost.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-24. Reserved.

Sec. B31-25. Failure to request an impoundment hearing and failure to appear at an impoundment hearing.

Any person who fails to request a hearing, in accordance with Section B31-21(d) or B31-23(d), or fails to appear at the impoundment hearing will forfeit all rights of ownership/guardianship of the animal. All rights of ownership/guardianship shall be transferred to the Animal Care and Control Division. In addition, the owner/guardian shall be held liable for all fees associated with the impoundment and keeping of the animal. The Animal Care and Control Division in accordance with the provisions of this chapter and state law shall determine final disposition of the animal.

(Ord. No. NS-300.745, § 1, 5-2-06)

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)

Sec. B31-27. Fees for impounding and keeping.

(a) An impoundment fee shall be charged to the owner/guardian of each animal impounded in an amount fixed by resolution of the Board of Supervisors.

(b) In addition, the cost of caring for and treating any animal properly seized shall be considered a lien on the animal pursuant to California Penal Code Section 597.1. The owner/guardian or keeper shall be personally liable for such costs. The animal shall not be returned to its owner/guardian until the charges are paid and the Department has determined that the animal is physically fit and/or the owner/guardian demonstrates that the animal will be properly confined and cared for.

(c) Pursuant to California Food and Agricultural Code Section 31254, the refusal or failure of the owner/guardian of any such dog to pay the fees and charges after due notification shall be held to be an abandonment of the dog by the owner/guardian. Upon abandonment, such animal may be placed for adoption or humanely euthanized. The owner/guardian's abandonment of the animal does not release the owner/guardian from the obligation to pay the applicable fees.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-28. Redemption of impounded animals.

(a) The Manager or Animal Control Officer may permit an owner/guardian or other person entitled to custody of an impounded animal to redeem such animal. However, no animal may be redeemed without payment of the fees for impounding and keeping the animal, and without compliance with the licensing provisions set forth herein.

(b) An owner/guardian who wishes to redeem his or her animal, for which an impoundment hearing has not been requested pursuant to Section B31-25 shall do so within the holding periods specified in Section B31-29. Animals not redeemed within the specified time period shall be deemed abandoned and shall be placed for adoption or humanely euthanized.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-29. Holding periods and disposition of impounded animals.

(a) An animal without owner/guardian information may not be disposed of until ninety-six hours have elapsed from the time of impoundment, exclusive of the day of impoundment and the days that the impounding facility is closed to the public.

(b) An animal with owner/guardian information may not be disposed of until ten days have elapsed from the time of impoundment, exclusive of the day of impoundment and the days that the impounding facility is closed to the public. Owner/guardian information is defined as a license, identification tag, microchip or other confirmation of ownership/guardianship.

(c) Notwithstanding anything to the contrary, an animal which has been determined by a veterinarian licensed by the State of California or by other authorized personnel to be seriously ill, diseased or injured to the extent that emergency veterinary care will not alleviate irremediable suffering shall be humanely destroyed as soon as possible in accordance with all State and County humane laws.

(d) Newborn animals that require maternal care and are impounded without their mother may be humanely euthanized prior to the expiration of the holding period.

(e) In accordance with California Food and Agricultural Code Sections 31754 (a) and (b), animals relinquished by their owners/guardians shall be held for ninety-six hours, not including the day of impound and days the impounding facility is closed to the public. The animal will be available for owner/guardian redemption, only, for the first day and for redemption or adoption providing the animal is suitable for adoption for the remainder of the holding period.

(f) The holding period for feral cats shall be seventy-two hours, not including the day of impound and days the impounding facility is closed to the public.

(Ord. No. NS-300.745, § 1, 5-2-06)

Sec. B31-30. Care of impounded animals.

The Manager shall assure that all impounded animals receive suitable and adequate food, water and shelter.

(Ord. No. NS-300.745, § 1, 5-2-06)