6.16.040 Euthanasia in exigent circumstances.
For purposes of this title, “euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during such loss of consciousness.
A. Any exotic animal possessed or maintained in violation of this chapter may be subject to impoundment and euthanasia by the animal control authority if any one of the following exigent circumstances is deemed to exist by the animal control officer and confirmed by the director of the animal control program or his/her designee:
1. The exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement. For the purposes hereof, if an exotic animal wanders or runs loose in the city, it shall be presumed that the exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; or
2. There is no reasonable basis to believe that the violation can be or in good faith will be corrected and after reasonable search or inquiry by the animal control authority no facility as authorized by local, state or federal law is available to house the exotic animal; or
3. The exotic animal suffers from a communicable disease injurious to other animals or human beings; provided, that this section shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings.
B. After an exotic animal has been impounded, as provided above, the animal control officer shall, as soon as feasible, notify the person who had possessed or maintained the exotic animal, if known, of the exigent circumstances deemed to exist that warranted the impoundment and euthanasia of the exotic animal. The person who had possessed or maintained the exotic animal or another person with an ownership interest in the exotic animal may appeal the determination to the mayor or his/her designee; provided, that the written appeal must be filed with the director within ten days of the notice of impoundment referred to hereinabove. Failure to file a written appeal within the ten-day period will constitute a waiver of all rights to an administrative hearing and determination of the matter. Enforcement of any administrative decision shall be stayed during the pending of an appeal, except impoundment of any exotic animal. Within ten days of the hearing the mayor or his/her designee shall issue a written decision on an appeal applying a preponderance of evidence standard. Any appeal from the mayor’s or his/her designee’s decision must be filed in superior court within thirty days of the date of the mayor’s or his/her designee’s written decision. (Ord. 1105-15 § 1).