§ 5-146. Impoundment of dogs running at large.

Notwithstanding any other provision of law, or this chapter, an animal regulation officer shall not seize or impound a dog for running at large in violation of this chapter when the dog has not strayed from and is upon private property owned by the owner of the dog, or upon private property to which such owner has a right of possession, nor shall the animal regulation officer seize or impound a dog which has strayed from but then returned to the private property of its owner, but in such a case a citation may be issued; provided, however, that if in such a situation the owner of the dog is not home, the dog may be impounded, but the officer shall post a notice of such impounding on the front door of the residence of the owner. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken by the owner within seventy-two (72) hours after impoundment.

If the owner of the dog wishes to challenge the impoundment, such owner shall personally deliver or mail a written request for a hearing, such that it is received by the director within seventy-two (72) hours after impoundment.

If a valid request for a hearing is filed, the director shall set the time and place for the hearing and cause notice of such hearing to be given pursuant to Section 5-20. The hearing shall be conducted pursuant to Section 5-30.

This section shall not otherwise affect an animal regulation officer's authority to seize or impound a dog or issue citations as a result of a dog's being on property other than that owned by its owner.

This section shall not be construed as prohibiting any person from killing a dog in the situations authorized by Food and Agricultural Code Section 31102 and 31104.

(Ord. No. 4910 § 6, 1995.)