This California statute provides that animal control officer shall not seize or impound a dog on its owner's property for violation of a leash ordinance or issue citations for the violation of such ordinance when the dog has not strayed from the owner's private property. However, if the dog has strayed from the property and later returned to it, an officer may issue a citation if the owner is present or impound the dog if the owner is not present. In the latter circumstance, the officer must leave a notice of impoundment at the residence.
Notwithstanding any other provision of law or any local ordinance, an officer or employee of any animal control agency shall not seize or impound a dog for the violation of an ordinance requiring a dog to be leashed or issue citations for the violation of such ordinance when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession.
A dog that has strayed from but then returned to the private property of his owner or the person who has a right to control the dog shall not be seized or impounded, but in such a case a citation may be issued; provided, however, that if in such a situation the owner or person who has a right to control the dog is not home, the dog may be impounded, but the officer or employee of any animal control agency shall post a notice of such impounding on the front door of the living unit of the owner or person who has a right to control the dog. 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 within a specified period of time by its owner or by the person who has a right to control the dog.
This section shall not otherwise affect existing 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 or the person who has a right to control the dog.
This section shall not be construed as prohibiting any person from killing a dog in the situations authorized by Sections 31102, 31104, and 31152 of the Food and Agricultural Code.
(Formerly § 53072, added by Stats.1976, c. 1378, p. 6264, § 1. Renumbered § 53074 and amended by Stats.1980, c. 676, p. 1927, § 122.)