7-8.8 Procedures for Immediate Impoundment.
a. The Animal Control Officer may immediately seize and impound an animal for violation of this Chapter or the laws of this State without providing a pre-impoundment notice of hearing under the following circumstances:
1. The owner and/or possessor of the animal provides consent for the impoundment;
2. The animal is at large and immediate impoundment of the animal is authorized under subsection 7-8.5a;
3. The Animal Control Officer has reasonable grounds to believe the animal may be rabid;
4. The Animal Control Officer has reasonable grounds to believe that the animal is a vicious animal as defined in subsection 7-8.1 and that immediate impoundment of the animal is required for any of the reasons specified in subsection 7-8.6;
5. To protect an animal which is injured, sick, starving or suffering from heat, cold or confinement, which is in need of immediate care;
6. When immediate seizure is necessary to protect from injury an animal which has strayed onto a public street or highway for other public place;
7. When the Animal Control Officer has reasonable grounds to believe that immediate impoundment is necessary to protect the public health or safety of any person or animal.
b. The Animal Control Officer shall within twenty-four (24) hours of the impoundment serve in person or by mail a notice of impoundment to the owner and/or possessor of the animal, if the owner has been ascertained and located. If the impounded animal is a licensed dog, the notice shall be sent to the address of the owner thereof. The notice shall state:
1. The date of impoundment and the place where the animal is impounded;
2. The grounds for impoundment;
3. The period the animal will be held pursuant to subsection 7-8.9 before being humanely destroyed or otherwise disposed of;
4. That the owner may request a hearing if he believes that the impoundment was unlawful for filing a written appeal with the Animal Control Officer.
c. If an appeal hearing is requested, it shall be conducted by the Animal Hearing Officer and shall be scheduled no later than five (5) days after the date the appeal is filed. The decision of the Animal Hearing Officer shall be based on the weight of the evidence and shall be final. The owner and/or possessor shall be given notice of the decision in person or by mail. The Animal Hearing Officer shall determine whether the impoundment and/or destruction is authorized under this section. If the impoundment is found to be unlawful, the animal shall be released forthwith to the owner, and the costs of impoundment shall be borne by the City. If the animal is determined to be a vicious animal it may either be handled by bringing action against the owner of such animal pursuant to Civil Code Section 3342.5, or released with conditions, or humanely destroyed. (Ord. #03-87, S8)