Chapter 6.16 IMPOUNDMENT OF ANIMALS

6.16.010 Definitions.

6.16.020 Stray animals prohibited.

6.16.030 Poundkeeper--Appointment--Compensation.

6.16.040 Inspection of pounds.

6.16.050 Poundkeeper--Powers and duties.

6.16.060 Poundkeeper--Other duties.

6.16.070 Poundkeeper--Report to council.

6.16.080 Redemption of impounded animals.

6.16.090 Disposition of unclaimed animals.

6.16.100 Violation--Penalty.


6.16.010 Definitions.

“Animals,” as used in this chapter, means only cattle, horses, mules, asses, swine, sheep and goats. (Prior code § 22-16.1 (part))

6.16.020 Stray animals prohibited.

No person owning, controlling, or having the possession of any animal shall wilfully or negligently permit the same to stray upon, or to remain unaccompanied by a person in charge or control thereof, upon any public street or highway or any other public place in the county. (Prior code § 22-16.1 (part))

6.16.030 Poundkeeper--Appointment--Compensation.

A. The council of the county may from time to time appoint, and remove, in accordance with law such number of poundkeepers as it shall consider to be necessary for the impounding of all stray animals found upon the public streets or highways or other public places in the county. Such appointment shall be in writing and, except as otherwise prohibited in this chapter, shall vest each poundkeeper with all of the powers conferred upon him by law and by this chapter.

B. Each poundkeeper shall upon his appointment establish and maintain suitable shelters and furnish the necessary facilities for properly keeping such animals, and such shelters and facilities and the premises used by the poundkeeper to impound such animals shall be and constitute a public pound.

C. Each poundkeeper shall be paid for his services and receive as his compensation only such fees as provided in this chapter, and the county and its officers and employees shall not be liable to such poundkeepers for their services or for the use of their property or for the expenses incurred by them in the performance of their duties under the provisions of this chapter except as expressly authorized by the council of the county. (Prior code § 22-16.2)

6.16.040 Inspection of pounds.

The director of public works shall inspect at least semi-annually all public pounds established under the provisions of this chapter. Any public pound found by him to be inadequately maintained for proper keeping of stray animals to be impounded therein shall be immediately repaired or otherwise improved to the extent required by the director of public works. Failure or refusal by any poundkeeper to repair or improve his pound in the manner required by the director of public works shall be grounds for the removal of such poundkeeper. (Prior code § 22-16.6)

6.16.050 Poundkeeper--Powers and duties.

It shall be, the duty of each poundkeeper to receive and impound any and all stray animals found by any person upon the public streets or highways or other public places in the county, and each poundkeeper shall be responsible to take and drive or transport such stray animals from the place where they shall be found to the public pound, and to keep the same until reclaimed by the owner or other person entitled thereof, or disposed of in accordance with the provisions of this chapter, or as provided by law. Each poundkeeper shall, upon the impounding of any such animals, record in a book to be kept for such purpose a detailed description of each of such animals, the date and time when the same was taken up and impounded, and the name and address of the person, if any, who shall have delivered such animal or animals to be impounded. The poundkeeper shall, as soon after the impounding of any such animals as may be practicable, give notice of such fact to the owner of or any other person entitled to such animals, if such owner or person in known to the poundkeeper. If the ownership of such animals is unknown to the poundkeeper, then, unless otherwise provided by law, the poundkeeper shall within twenty-four hours after such animals have been impounded post in at least two conspicuous places within the judicial district where the straps were found, a written notice describing therein in sufficient detail the animals being impounded, and informing the owner or owners or any other person entitled thereto that unless such animals are reclaimed from the poundkeeper within a certain date and time to be specified therein, such animals will be sold at public auction. If the ownership of the animal is unknown to the poundkeeper, such animal shall not be sold at public auction until such written notice shall have been posted for at least five days. (Prior code § 22-16.3)

6.16.060 Poundkeeper--Other duties.

Each poundkeeper shall perform all other duties imposed upon him by law, and shall receive for impounding in the manner provided by law any 60 animals found trespassing upon any land. Each poundkeeper shall collect all authorized charges against the owners of such animals; provided, that no poundkeeper appointed pursuant to this chapter shall be required to perform the duties of a dog warden, or to receive unlicensed or stray dogs or stray cats or other animals other than cattle, horses, mules, asses, swine, sheep or goats. (Prior code § 22-16.7)

6.16.070 Poundkeeper--Report to council.

On or before February 1 of each year, each poundkeeper shall submit to the council of the county a report on his transactions for and during the preceding calendar year. Each poundkeeper shall also furnish to the council such other reports as it may direct. (Prior code § 22-16.8)

6.16.080 Redemption of impounded animals.

A. The owner of, or any other person entitled to, any animal taken up or impounded at any public pound may reclaim the same by presenting to the poundkeeper satisfactory proof of ownership, showing that the owner is entitled to the possession of such animal, provided such owner shall first pay to the poundkeeper the following fees and charges:

1. A charge by the poundkeeper to capture and impound the animal, as set forth in the annual budget ordinance;

2. Any other actual expense incurred in keeping such animals, including the cost of feeding and maintaining same, and the prorated expense of giving notice to the owner by posting the notice as required in section 6.16.050, except that the actual expense on account of feed shall not exceed an amount set forth in the annual budget ordinance; and

3. All pound fees to be computed at the rate set forth in the annual budget ordinance.

B. In addition to such charges and fees required to be paid by the owner or any other person entitled to the animal impounded under the provisions of this chapter as a prerequisite to the recovery of his animals, he shall also pay to the poundkeeper such further amount as may be determined by the council of the county to compensate for any damages caused by such animals to any public property while straying upon any portion of the public streets or highways or other public places.

C. Each poundkeeper shall be entitled to retain and use for his own personal benefit all sums, other than those for damages, received by him in accordance with this section. Any amount paid by any owner of or other person entitled to such animals for damages shall be forthwith deposited with the finance director of the county. (Ord. 3454 § 1, 2007; prior code § 22-16.4)

6.16.090 Disposition of unclaimed animals.

A. Unless otherwise provided by law, if any impounded animals shall not be claimed by the owner thereof, or other person entitled thereto, within five days after he has been actually notified by the poundkeeper of such impounding, or if the owner or owners of or persons entitled to such impounded animals shall be unknown to the poundkeeper, within five days after the posting of the notice of the impounding of such animals as provided in this chapter, then such animals may be sold at public auction, after notice thereof shall have been published once in a newspaper of general circulation in the county; provided, that such sale shall not occur less than five days nor more than twenty days after the publication of such notice.

B. In the event any of such animals shall be sold at public auction, the poundkeeper shall be entitled to receive out of the proceeds of such sale an amount sufficient to pay for all of his accrued fees and expenses and the surplus, if any, after deducting the cost of such sale, shall be turned over to the owner, if known, and if the owner shall be unknown, such surplus shall be turned over to the treasurer of the county for disposition in accordance with law. (Prior code § 22-16.5)

6.16.100 Violation--Penalty.

Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine not exceeding fifty dollars. (Prior code § 22-16.9)