Chapter 10.36 IMPOUNDMENT*

* Editor’s note: For statutory provisions on estrays, see Food and Agric. Code § 17001 et seq.; for provisions on the impoundment of dogs, see Food and Agric. Code § 31101 et seq.

10.36.010 Taking up animals--Permitted when.

Any person finding any stray domestic animal or any such animal which is running at large contrary to the provisions of this Division 1 may take up such animal if he complies with the applicable provisions of this Division 1. (Ord. 9454 § 1 (part), 1967: Ord. 8043 § 16 (part), 1961: Ord. 4729 Art. 8 § 801, 1946.)

10.36.020 Surrendering animals to authorized representative required when.

Any person taking up any stray domestic animal or any such animal found running at large contrary to the provisions of this Division 1 shall surrender such animal to the director or to his duly authorized representative upon demand. (Ord. 9454 § 1 (part), 1967: Ord. 8043 § 16 (part), 1961: Ord. 4729 Art. 8 § 802, 1946.)

10.36.040 Taking up animals--Notice to director or sheriff required.

Every person, except the director, taking up any stray animal or any such animal which is running at large contrary to the provisions of this Division 1 shall, within four hours thereafter, give notice to the director or to the sheriff of:
A. The fact that he has such animal in his possession;
B. The complete description of such animal;
C. The license number of such animal, if any, and by what county or municipal corporation issued. If such animal has no license he shall so state;
D. The place where such animal is confined. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 804, 1946.)

10.36.050 Taking up animals--Sheriff’s officers’ notice responsibility.

In case the notice provided for in Section 10.36.040 is given to any member of the sheriff’s office, such officer shall immediately notify the director and shall furnish him all the information which has been obtained regarding such animal. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 805, 1946.)

10.36.060 Animals delivered to shelter.

The director shall deliver to an animal shelter operated by the department those animals picked up by the department in accordance with this Division 1. (Ord. 2000-0075 § 34, 2000: Ord. 9454 § 3 (part), 1967: Ord. 4729 Art. 8 § 806, 1946.)

10.36.080 Impounded animals--Recordkeeping requirements.

The director shall keep a record of each animal impounded, the date of impound, the date and name and address of the person who redeemed, reclaimed or purchased the animal, and the amount of all fees received or collected for or because of the impounding, reclaiming or purchasing of the animal. When a dog or cat is redeemed by an owner or is adopted, the director shall keep a record of the dog or cat license number or the animal facility license number under which the dog or cat was released. (Ord. 2011-0011 § 8, 2011: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 812, 1946.)

10.36.090 Impounded dogs and cats--Notice to owner required when.

When any dog or cat wearing a current, valid license tag issued by the county of Los Angeles, or any municipality within the county of Los Angeles is impounded pursuant to this Division 1, the director shall, within 48 hours, excluding week-ends and holidays, after receiving such dog or cat, notify either by telephone or letter, with postage fully prepaid thereon, the person to whom the current license for such dog or cat was issued, of the whereabouts of such dog or cat. (Ord. 2000-0075 § 35, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 814, 1946.)

10.36.100 Impounded dogs or cats--Failure to give notice--Charging fee prohibited when.

If the director does not comply with Section 10.36.090, he shall charge no fee of any kind for any board or care of such dog or cat, until such time as the required notice is given. (Ord. 2000-0075 § 36, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 815, 1946.)

10.36.110 Impounded animals--Newspaper notices authorized.

The director may, upon impounding of any animal, cause to be published, in any newspaper circulated within the community wherein any such animal was taken up, a notice of description of such animal, the date of such taking up and impounding, and the address of the animal shelter wherein such animal is being held. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 808, 1946.)

10.36.120 Impounded dogs and cats wearing current, valid license tag--Destruction or other disposition conditions.

Dogs and cats wearing current, valid license tag, issued by the county of Los Angeles or any municipality within the county of Los Angeles, impounded pursuant to this Division 1, shall not be destroyed or otherwise disposed of unless:
A. The person to whom the current license for such dog or cat was issued so directs; or
B. Six business days have elapsed since such person was notified of the whereabouts of his dog or cat by telephone; or
C. Six business days have elapsed since a letter, postage fully prepaid, addressed to such person at his last known address and informing such person of the whereabouts of his dog or cat, has been deposited in the United States mail.
Notwithstanding the foregoing, a dog or cat which is irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or for adoption. Any stray animal that is impounded pursuant to this Division 1, shall, prior to the killing of the animal for any reason other than irremediable suffering, be released to a nonprofit humane organization, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled killing of the animal. In addition to the required spay or neuter deposit, the Department may assess the standard adoption fee for animals released. (Ord. 2000-0075 § 37, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 816, 1946.)

10.36.130 Redemption of impounded animals--Conditions generally.

The owner or person entitled to the custody of any animal taken up and impounded under the provisions of this Division 1 may, at any time before the sale or disposal thereof as herein provided, redeem such animal by paying to the director the fees and charges prescribed by this Division 1 accruing up to the time of such redemption. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 824, 1946.)

10.36.160 Impounding fees--Described.

The impounding fee does not include any cost of feeding or caring for any dog or cat except during the day on which it is impounded, but the fee for such care and feeding may be collected for each day, except the day on which it is impounded, during which such dog or cat is in the custody of the director. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 819, 1946.)

10.36.170 Impounding fees--Cost of giving notice included.

For giving notice of the impounding of any animal, the actual cost of the publication of any notice published for such animal shall be collected. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 820, 1946.)

10.36.180 Impounding fees--For rabbits, poultry and other animals.

The estimated cost of impounding, feeding and caring for rabbits, birds, poultry, fowls, livestock or other animals not otherwise provided for in Division 1 shall be collected. (Ord. 90-0089 § 6, 1990: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 821, 1946.)

10.36.190 Impounding Fees--Costs of Veterinarian’s care authorized.

A. The director may employ a private veterinarian if necessary to properly care for and maintain any animal.
B. When a veterinarian's fee has been paid or incurred for the care or treatment of an animal, such animal shall not be redeemed without payment by the owner of all fees and costs. (Ord. 2009-0017 § 17, 2009: Ord. 2000-0075 § 39, 2000: Ord. 90-0137 § 19, 1990: Ord. 88-0155 § 8, 1988: Ord. 83-0182 § 16, 1983: Ord. 82-0163 § 6, 1982: Ord. 11234 § 1, 1975: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 825, 1946.)

10.36.200 Impoundment fees--Not charged when animal taken up unlawfully.

A charge shall not be collected for any animal which has been unlawfully taken up and impounded. Such animal shall be immediately delivered upon demand to the owner or person entitled to the custody thereof. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 823, 1946.)

10.36.210 Dogs--Release conditions.

The director shall not release any dog which has been redeemed by the owner unless such dog does not have rabies, and:
A. The owner exhibits a certificate signed by a veterinarian licensed either by the state of California or by any other state to practice veterinary medicine that:
1. Such dog has been vaccinated with approved rabies vaccine within a period of not more than 12 months after the dog’s initial vaccination if the dog was between four months and one year in age at the time of such initial vaccination; or
2. Such dog has been vaccinated with approved vaccine within the past 36 months; or
3. Such dog should not be vaccinated with rabies vaccine because such vaccination would jeopardize the health of such dog due to infirmity or other disability, which infirmity or disability and the estimated date of termination is shown on the face of the certificate; or
4. A department veterinarian has so vaccinated such dog within the times specified in subsection A of this section. (Ord. 2006-0040 § 37, 2006; Ord. 2000-0075 § 40, 2000: Ord. 87-0036 § 16, 1987: Ord. 85-0204 § 19, 1985: Ord. 83-0182 § 17, 1983: Ord. 10298 § 8, 1971: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 826, 1946.)

10.36.220 Dogs--Nonpayment of impound fees and charges--Abandonment.

The refusal or failure of the owner of any impounded dog to pay the fee and charges after due notification shall be held to be an abandonment of the dog by the owner. (Ord. 2000-0075 § 41, 2000.)

10.36.230 Release of animals--Proof of proper care required.

The director shall not release to its owner, or sell, any animal that has been impounded in accordance with the provisions of this Division 1, unless the person to whom the animal is released or sold provides satisfactory proof that the animal will be maintained in accordance with the provisions of the ordinance codified in this Division 1 or any other ordinance or statute. (Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 832, 1946.)

10.36.240 Purchase of animals without current, valid tag--Waiver of liability for unhealthy animals.

Notwithstanding any other section of this Division 1, any diseased, ill, unwell or unhealthy animal may be purchased not less than four business days after impoundment, at the discretion of the director, provided the purchaser signs a waiver of liability as to any existing disease, illness or injury. (Ord. 2000-0075 § 42, 2000: Ord. 11398 § 1, 1976: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 833, 1946.)

10.36.245 Animal not suitable for placement.

The director may declare an individual animal not suitable for placement which demonstrates aggressive behavior, prior history of such behavior, or is irremediably suffering from a serious illness or severe injury. (Ord. 2000-0075 § 43, 2000.)

10.36.250 Purchase of animals--Exchange following sale permitted when.

Any purchaser of a dog or cat, other than at auction, within seven days after such purchase (excluding the day of purchase) may exchange such dog or cat for another dog or cat. If the amount which the director would charge for the substituted dog or cat is greater than the amount paid for the original dog or cat, the purchaser shall pay the difference. In no event will any part of the purchase price of the original dog or cat be refunded, even though the price of the substituted dog or cat is less than the price paid for the original dog or cat. (Ord. 90-0089 § 7, 1990: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 813, 1946.)

10.36.260 Dogs and cats--Vaccination authorized when.

If the director finds that any dog or cat impounded in a county animal shelter probably can be sold, or that in order to protect the public health such dog or cat should be vaccinated, he may order the vaccination of such dog or cat with an approved rabies vaccine. (Ord. 2000-0075 § 44, 2000: Ord. 85-0204 § 21, 1985: Ord. 83-0182 § 19, 1983: Ord. 10298 § 6, 1971: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 807, 1946.)

10.36.270 Examination for rabies authorized when.

If the director suspects that any animal impounded has rabies, he shall hold such animal for inspection by, and shall notify, the director of public health. The director of public health shall examine such animal, and if he believes such animal should be held for further observation, he shall so inform the director, who shall hold such animal as directed. (Ord. 2006-0040 § 38, 2006: Ord. 2000-0075 § 45, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 827, 1946.)

10.36.280 Release when no rabies found.

If the director of public health finds that such animal examined under Section 10.36.270 does not have rabies, the director shall release it or dispose of it as provided in this Division 1. (Ord. 2006-0040 § 39, 2006: Ord. 2000-0075 § 46, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 829, 1946.)

10.36.290 Confinement when rabies found.

If the director of public health finds that such animal examined under Section 10.36.270 is afflicted with rabies, the director shall confine it as directed by the director of public health. (Ord. 2006-0040 § 40, 2006: Ord. 2000-0075 § 47, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 828, 1946.)

10.36.300 Examination of animals suspected of rabies--Limitation on acts authorized.

Nothing in Sections 10.36.270, 10.36.280 or 10.36.290, or any other portion of this Division 1, shall be construed to either authorize or require any person, other than a person having a California State Veterinary License, to practice veterinary medicine, or to do any act in violation of the Business and Professions Code. (Ord. 2000-0075 § 48, 2000: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 830, 1946.)

10.36.310 Destruction or other disposition--Animals running at large or maintained illegally.

Not less than four business days after taking up and impounding any animal found running at large without a current, valid identification issued by the department or other municipality in the county of Los Angeles, or which is otherwise being maintained contrary to the provisions of this Division 1, unless it sooner be redeemed by its owner, or is not suitable for adoption pursuant to Section 10.36.240 of this code, the director may destroy, or sell or give such animal to any entity, unless the disposition of such animal is covered by some other section of this Division 1. (Ord. 2000-0075 § 49, 2000: Ord. 83-0182 § 20, 1983: Ord. 9454 § 1 (part), 1967: Ord. 4729 Art. 8 § 831, 1946.)

10.36.340 Spaying or neutering--Condition of sale--Deposit required.

As a condition to the sale or giving away of any dog that has not been spayed or neutered, the purchaser or recipient shall deposit with the department of animal care and control, at the time of the sale or giving away, an amount determined by the director to be sufficient to cover the costs of neutering or spaying the dog but in no event shall such deposit exceed $40.00. Such deposit is to be paid to a licensed veterinarian upon proof that he has performed the required neutering or spaying operation within the time period as set forth in Section 10.36.370, and may include an amount necessary to recover any additional costs to the department under this chapter. (Ord. 85-0205 § 4, 1985.)

10.36.350 Spaying or neutering--Condition of sale--Deposit of moneys.

Whenever, in connection with the sale of any dog, the director shall receive a deposit to cover the cost of spaying or neutering, the money so received shall be deposited in a trust fund in the county treasury. (Ord. 85-0205 § 5, 1985.)

10.36.360 Spaying of neutering--Deposit paid to veterinarian.

Whenever a dog has been spayed or neutered as provided herein, the depositor shall be entitled to have the deposit paid to the licensed veterinarian performing the above operation, or the director may return the deposit to the person purchasing or receiving the dog upon written statement or receipt from the licensed veterinarian that the dog has been spayed or neutered, and the director shall draw the necessary demand on the auditor therefor. (Ord. 85-0205 § 6, 1985.)

10.36.370 Spaying or neutering--Deposit forfeited without proof of operation--Conditions.

Any dog over six months of age at the time it is sold or given away shall be spayed or neutered within 60 days or the deposit shall be deemed forfeited. Any dog under six months of age at the time it is sold or given away shall be spayed or neutered within 60 days after reaching the age of six months or the deposit shall be deemed forfeited. The director may extend such time periods in writing upon the showing of good cause therefor. The age of the dog for purposes of this chapter shall be determined by the department. At least 30 days before the end of the said 60-day period, or any written extension thereof, the department shall send the purchaser notice by mail to the address on file with the department, informing the purchaser that failure to furnish satisfactory proof of performance of the operation prior to the end of the 60-day period or its extension shall result in forfeiture of the deposit. If said notice has been sent and the allotted time has elapsed without satisfactory proof of performance of the operation, the deposit shall be forfeited and the director shall transfer such money from the trust fund to the county treasury. (Ord. 85-0205 § 7, 1985.)

10.36.380 Spaying or neutering--Deposit refund conditions.

Whenever any dog which has been purchased from the department of animal care and control, while it was under the age of six months, dies or is destroyed prior to being spayed or neutered as required in this chapter, the purchaser shall be entitled to a refund upon presenting satisfactory proof to the director of such death or destruction, and the director shall draw the necessary demand on the auditor therefor. No refund shall be made, however, where death or destruction occurs following the time within which the aforementioned operation was required to be performed. (Ord. 85-0205 § 8, 1985.)

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