Glenn County Municipal Code Art. III Impound Of Animals

Repealed & Replaced by Ord. 1321 on 12/13/2022

It shall be the duty of the animal control officer to take up and impound within the unincorporated areas of this county any animal which is, to the knowledge of the animal control officer, engaged in an activity or existing in a condition prohibited by this title or state law which may include but is not limited to the following:

1. Any stray animal, except cats, not having attached to its body a current license tag or brand where such is required by this title.

2. Any animal, except cats, when there is reason to believe the animal has been abandoned.

3. Any animal, except cats, trespassing on public or private property.

4. Any animal which has committed a nuisance.

5. Any dog that meets the definition of "vicious" as set forth in section 31603 of the California Food and Agricultural Code.

6. Any animal which threatens the safety of any person or other animal.

7. Any female dog which is in heat or estrus and accessible to other dogs who are at large.

8. Any animal, except a cat, trespassing on any lands whereon livestock or domestic fowl are kept.

9. Any animal worrying or harassing livestock or domestic fowl.

10. Any animal staked or tied on any street, public or private, or other public place, or upon any private property where the animal could reach or threaten other animals, children or adults.

11. Any animal staked or tied on any street, public or private, or other public place, or upon any private property without the consent of the owner or occupant thereof.

12. Any animal whose owner has refused to display the animal to the animal control officer upon his or her reasonable request, together with a current license tag for such animal if such is required by this title.

13. Any animal whose owner has refused to obey the conditions of a lawfully imposed quarantine.

14. Any animal which does any act or thing which would in any manner or place result in injury to any person or the owner or occupant of any real or personal property.

15. Any animal, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any person or any neighborhood.

16. Any animal when such taking up is necessary for the health and safety of the community.

17. Any stray or animal, except cats, at large in violation of any state law or county ordinance.

18. Any animal when such impounding is necessary to facilitate investigation, prosecution or enforcement of this title or any other law or this county or state.

19. Any dog found at large, upon or near any schoolyard, bus stop, road, street, alley or highway where one or more children are gathered. (Ord. 1269 § 10, 2018; Ord 1141 2001 Ord. 646 § A (part), 1976.)

HISTORY

Amended by Ord. 1321 on 12/13/2022 8.04.090 Right To Due Process

California Penal Code section 597.1 shall be operative and enforced by the animal control officer. Seizure and impoundment of animals shall conform with the procedures set forth in Penal Code section 597.1.

HISTORY

Adopted by Ord. 1321 on 12/13/2022

Every impounded animal shall be inspected for the presence of a license, tattoo, implant or other form of identification at the time of impoundment. All impounded animals shall be kept at an animal care center approved by the county, including a center located outside of the county, or at such other place as may be

approved by the animal control officer, The animal control officer and/or any individual or entity providing animal shelter services on behalf of the county, shall ensure that all impounded animals receive suitable and adequate food, water, shelter and medical care during impoundment.

HISTORY

Adopted by Ord. 1321 on 12/13/2022 8.04.092 Impoundment Fees

1. The animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall charge and collect fees for impounded animals when claimed. Such fees shall be prescribed by resolution of the board of supervisors.

2. Except as provided in subsection D, any animal taken up and impounded pursuant to this title may be redeemed by the owner thereafter at any time prior to actual disposal of the animal upon the payment of all fees and costs as provided by the prescribed fee schedule and upon presentation of evidence that the animal is duly licensed where such is required. A signed declaration of ownership shall be prima facie evidence of ownership and shall justify release of the animal the declared owner.

3. The animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall charge and collect fees for the destruction of animals, for the placement of animals in bona fide homes or for other disposal when such service is requested by the owner of the animal; provided, however, that upon the animal control officer's written certification that such charges in a given case would probably result in the abandonment of an animal, the animal control officer or any individual or entity providing animal shelter services on behalf of the county, may accept such animal from its owner without charge.

4. If the district attorney, sheriff/animal control officer or probation officer determines that any animal impounded under the terms of this title should be retained by the county to facilitate investigation prosecution or other enforcement of this title or other county or state law, the animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall refuse to permit redemption of the animal until the need for retention no longer exists. The cost of such retention, but not including any damages claimed by the owner, shall, after attempted redemption by the owner, be borne by the county.

5. The animal control officer or any individual or entity providing animal shelter services on behalf of the county, may, in cases of hardship, reduce or waive the impoundment and boarding fees otherwise due for an impounded animal, except in the case where the person requesting such reduction or waiver has been convicted within the last five years by any court of law for any violation of this title or any other law relating to animals, public nuisance caused by animals, or cruelty to animals in this or any other state. For purposes of this section, forfeiture of bail shall be deemed to be a conviction of the offense charged. The animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall determine hardship on the basis of the following standard: Hardship is a proven inability to meet ongoing family expenses for the necessities of living, that is, food, clothing, and shelter.

HISTORY

Adopted by Ord. 1321 on 12/13/2022

In accordance with sections 30804.7 and 31751.7 of the Food and Agricultural Code, the owner of any nonspayed or un-neutered dog or cat that is impounded shall be liable for a civil penalty as follows, in addition to any other fees and penalties due under this title:

1. First occurrence: $35.00;

2. Second occurrence: $50.00;

3. Third occurrence: $100.00

Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of dogs, and any additional costs incurred by the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group in the administration of the requirements of Divisions 14 and 14.5 of the Food and Agricultural Code.

HISTORY

Adopted by Ord. 1321 on 12/13/2022

A. When an animal is impounded pursuant to this title the animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall, except as otherwise provided, notify the owner of the animal of the impoundment within twenty-four hours.

1. Upon impounding any animal in accordance within this chapter, the animal control officer shall make a reasonably diligent effort to ascertain the name and address of the owner, either from the licensing records, in the case of a dog carrying a license tag, or from such other sources as the animal control officer may find including scanning for a microchip identifier.

a. If the owner of the animal is known and can be contacted in person, the animal control officer may provide notice of the impound by personal contact.

b. If the animal control officer can ascertain the telephone number of the animal's owner, the animal control officer or any individual or entity providing animal shelter services on behalf of the county may provide notice of the impound to the owner by telephone. Leaving a message on a voicemail which can be identified as being the last known contact on a license, even if out of date, shall be deemed to be effective notice.

2. For whatever reason, if notice is unable to otherwise be accomplished, the owner of the animal, if known, shall be served with notice of the impoundment, by overnight service with return receipt requested. If notice is mailed to the last known address of the contact on a license, even if the license is outdated, the notice shall be deemed complete when the notice is deposited with the overnight service.

3. Any method of providing notice shall include the following information: that the animal has been impounded, the date and place of impoundment, a description of the animal, where the animal is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the animal, and an indication of the ultimate disposition of the animal if no action to regain it is taken by the owner within four business days, not including the day of impoundment, after impoundment or a longer period if stated in such notice.

B. Situations involving an animal of a type referred to in Food and Agricultural Code section 17003 shall be referred to the director of the Livestock Identification Branch of the Department of Food and Agriculture.

C. In addition to the notice required by this section, actual notice may also be given in any other manner deemed necessary or desirable.

HISTORY

Adopted by Ord. 1321 on 12/13/2022

• 8.04.095 Summary Seizure And Impoundment Of Animals

As authorized by Penal Code Section 597.1, the animal control officer or any individual or entity providing animal shelter services on behalf of the county, may seize and impound an animal for any violation of this title or state law prior to a hearing in any of the following situations where the owner of the animal is not present and where the officer reasonably believes that such seizure is necessary:

1. To protect the public health, safety and welfare;

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

3. To protect an animal from injury which has strayed onto public property or a public right-of-way.

HISTORY

Adopted by Ord. 1321 on 12/13/2022

• 8.04.100 Holding Period; Duration Of Impoundment

  1. Except as provided in subsection B of this section, the holding period of any impounded dog or cat shall be a minimum of four business days, not including the day of impoundment.

  2. If, in any week, the county animal shelter or the shelter providing services on behalf of the county, does not remain open on one weekday evening until at least 7:00 p.m. or on one weekend day, the holding period of any impounded dog or cat during the week shall be a minimum of six business days, not including the day of impoundment.

  3. Stray cats shall be reserved exclusively for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period.

  4. Notwithstanding subsection C:

     1. A kitten under eight weeks of age that is reasonably believed to be unowned may be available immediately for adoption beginning on the day of impoundment but shall remain available for owner redemption or adoption.

     2. All kittens sold, given away or transferred to a new owner must comply with Food and Agricultural Code Section 31751.3 or Section 31760 to 31762, inclusive, ensuring that the kitten is or will be spayed or neutered.

  5. Upon the impounding of any stray bovine animal, the animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall immediately notify the Secretary of the California Department of Agriculture. Such stray animal shall be kept in the animal shelter until it is released into the custody of the Secretary of the California Department of Agriculture or is otherwise released or disposed of as provided in the Food and Agriculture Code.

  6. Upon the impounding of any stray horse, mule, sheep, swine, burro, alpaca, llama, or goat, the animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall, when required by law, immediately notify the Secretary of the California Department of Food and Agriculture. Such stray animal shall be kept in the animal shelter for the same period of time as provided for cats and dogs hereunder, unless redeemed within that period, and may thereafter be disposed in accordance with section 8.04.110 or released into the custody of the Secretary of the California Department of Agriculture.

  7. Any other impounded animal shall be kept at the animal shelter for the same period of time as provided for cats and dogs hereunder, unless redeemed within that period, released into the custody of the Secretary of the California Department of Agriculture, or otherwise released or disposed of as provided

in the Food and Agriculture Code.

8. Any dog or cat that is voluntarily surrendered or relinquished to the animal control officer or any individual or entity providing animal shelter services on behalf of the county, by the purported owner, shall be held for the same holding periods, with the same requirements of care, applicable to impounded stray dogs and cats, and shall be available for owner redemption or adoption for the entire holding period. Puppies under eight weeks of age, voluntarily surrendered or relinquished by the purported owner, or brought in by any other person with authority to surrender or relinquish them, may be available immediately for adoption.

(Ord 1141 2001 Ord. 1021 § 1 (Part), 1992; Ord. 791 § 1, 1983; Ord. 670 § A, 1977; Ord. 646 § A (part), 1976.)

HISTORY

Repealed & Replaced by Ord. 1321 on 12/13/2022

The owner of any impounded animal may, at any time prior to the disposition of the animal, redeem the same upon presentation of proof of ownership satisfactory to the animal control officer or any individual or entity providing animal shelter services on behalf of the county, and payment of all fees, civil penalties, and other amounts due under this title. If the impounded animal is subject to licensure under this title, the owner shall comply with the licensing requirements for the animal, including payment of the applicable license fee any any associated civil penalties, prior to its release. Failure or refusal to pay any and all fees, civil penalties, and other amounts associated with the impoundment of an animal shall constitute abandonment of said animal.

HISTORY

Adopted by Ord. 1321 on 12/13/2022 8.04.110 Disposition Of Impounded Animals

1. Any impounded animal, except livestock, which is not redeemed within the holding period specified in this title may, as determined by the animal control officer or any individual or entity providing animal shelter services on behalf of the county, either be put up for adoption or humanely destroyed by the animal control officer or any individual or entity providing animal shelter services on behalf of the county. If an impounded animal is put up for adoption, such animal may be adopted by any qualified person upon submission of an application and payment of an adoption fee, the amount of which shall be established by resolution of the board of supervisors. If such animal is subject o licensure under this title, the person adopting the animal shall, prior to the animal's release, comply with the licensing requirements for the animal. if such animal is a dog or cat which has not been previously spayed or neutered, at the discretion of the animal control officer or any individual or entity providing animal shelter services on behalf of the county, the animal shall be spayed or neutered and the adopting person shall pay the applicable spay/neuter fee established by resolution of the board of supervisors, or the person adopting the animal shall, prior to the animal's release, provide a spaying or neutering deposit, the amount of which shall be established by resolution of the board of supervisors. The animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall designate on the animal's adoption papers the date by which the spaying or neutering of the animal shall be completed. Upon receipt of a notice from a veterinarian or spaying and neutering clinic that the animal has been spayed or neutered, the spay/neuter deposit shall be refunded to the person adopting the animal as set forth in Food and Agricultural Code sections 30503(b) and 31751(b).

2. Any impounded livestock, with the exception of bovine animals, which is not redeemed within the holding period specified in this title may, as determined b the animal control officer or any individual or entity providing animal shelter services on behalf of the county, either be put up for adoption or sale unless it is determined that the animal does not have adequate value to cover costs of sale, in which case the animal may be put up for adoption or humanely destroyed. If the livestock is determined to be sold, the animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall secure the highest possible proce for each animal sold. All sales shall be for cash. The animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall deduct from the proceeds of any such sale all proper fees and charges accrued and all other demands that have been fled with the animal control officer or any individual or entity providing animal shelter services on behalf of the county, claiming interest in and to the proceeds of the sale. All demands made by third persons claiming ownership of or interest in an animal shall be made in writing under penalty or perjury and shall be accompanied by such other evidence of ownership as the animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall require. Any balance remaining after the payment of such fees, charges and demands shall be paid into the county treasury, or as provided in any agreement for shelter services, for the use of the owner of the animal. If such funds are not claimed by the owner within thirty days thereafter, the funds shall be deposited in the county general fund or as provided in any agreement for shelter services. The animal control officer or any individual or entity providing animal shelter services on behalf of the county, may reject any or all bids for an animal not deemed adequate. If the animal control officer or any individual or entity providing animal shelter services on behalf of the county, determines that an animal cannot be sold, the animal may be humanely destroyed by the animal control officer or any individual or entity providing animal shelter services on behalf of the county.

3. Notwithstanding any other provision of this title, whenever an impounded animal is determined by the animal control officer or any individual or entity providing animal shelter services on behalf of the county, in consultation with a veterinarian to constitute a health hazard, the animal may be humanely destroyed by the animal control officer or any individual or entity providing animal shelter services on behalf of the county.

(Ord. 1269 § 10, 2018; Ord 1141 2001 Ord. 646 § A (part), 1976.)

HISTORY

Repealed & Replaced by Ord. 1321 on 12/13/2022 8.04.115 No Redemption Or Disposition Of Animals For Research Purposes

No animal impounded pursuant to this title or voluntarily surrendered to or deposited with the animal control officer or any individual or entity providing animal shelter services on behalf of the county, shall be redeemed, placed for adoption, sold, or otherwise released to any person, institute or public agency for any research purposes, including, but not limited to, biomedical research, experimentation, instruction, toxicity testing, or product testing.

HISTORY

Adopted by Ord. 1321 on 12/13/2022 8.04.120 Absence Of Liability For Redemption Or Disposition

No liability shall be incurred by the county, the animal control officer, or any individual or entity providing animal shelter services on behalf of the county, for the redemption or disposition of any animal made pursuant to this title. (Ord. 1269 § 10, 2018; Ord. 646 § A (part), 1976.)

HISTORY

Repealed & Replaced by Ord. 1321 on 12/13/2022

Upon the recommendation of the animal control officer or any individual or entity providing animal shelter services on behalf of the county, and with the approval of the board, the fees may be waived when animals have been impounded because of civil disorganization, disruption or other conditions or devastation within the county or in an area within the county due to fire, flood, earthquake, storm or other natural calamity.

HISTORY

Adopted by Ord. 1321 on 12/13/2022