§ 14-19. Impoundment procedures.

(a)

An animal control officer, humane officer, or police officer may immediately seize, impound, or confine any of the following animals:

(1)

Any dog or cat without a valid license tag;

(2)

Any animal running at large;

(3)

Any animal constituting a public nuisance;

(4)

Any unattended animal that is ill, injured, or otherwise in need of care;

(5)

Any unattended animal that is reasonably believed to have been abused or neglected;

(6)

Any animal that is reasonably suspected of having rabies;

(7)

Any animal charged with being dangerous or determined to be dangerous by the animal control agency;

(8)

Any animal that is considered unattended or abandoned, as in situations where the owner is deceased, has been arrested, or evicted from his regular place of residence;

(9)

Any unattended animal that is exhibiting aggressive or dangerous behavior and is not sufficiently confined to its own property.

Parts (1), (2), (3), and (9) above shall not apply to ear-tipped, free-roaming cats.

(b)

If any dangerous, ferocious, or vicious animal is found at large and cannot be safely impounded, an animal may be tranquilized, slain, or humanely euthanized to prevent harm or undue suffering by a police officer, an animal control officer, or a humane officer.

(c)

Impounded dogs and cats that are not properly licensed must be kept for no fewer than two days before being adopted out or humanely euthanized.

(d)

If dogs and cats licensed under this chapter are impounded by the animal control agency, an attempt shall be made by the humane officer to return the animal to the owner, as indicated on the records of the animal control agency, as soon as is practical after the time of the impoundment. If the attempt to return the animal is impossible or without success, the animal control agency shall send a written notice to the owner at the address indicated in the records of the animal control agency, that this agency has in its possession this animal and that unless this animal is claimed by the owner within 14 days from the date of its impoundment, the animal may be placed for adoption or humanely euthanized. This process shall only apply for a first time violation. On any subsequent violation, the impounded dogs or cats licensed under this chapter shall be kept for no fewer than five days to permit their owners to claim them. After the fifth day, if their owners have not claimed the animal and paid the required fees, the dog or cat may be placed for adoption or humanely euthanized.

(e)

All other impounded animals, except dogs and cats specifically covered herein, shall be under the authority of the humane officer. The animals shall be held at least one day, after which time the animal shelter shall have the authority to take whatever action is necessary with regard to adoption or euthanasia of such animals.

(f)

The city animal control agency shall have authority to take whatever action is reasonably necessary, including humane euthanization, to deal with a sick or injured animal, for the welfare of the animal and for the safety of humane officers and the public.

(g)

Nothing contained herein shall limit the animal shelter's authority to take whatever action is reasonably necessary to provide veterinary care by a licensed veterinarian for a sick or injured animal.

(h)

All impounded dogs and cats claimed by their owners shall be permanently microchipped for identification purposes.

(i)

Any animal impounded in an animal control facility, if not reclaimed by its owner as provided for herein, shall thereby become the property of the animal control agency and, if not adopted by the public, shall be humanely euthanized.

(j)

Reclaiming procedures of impounded animals.

(1)

An owner who is reclaiming an impounded animal shall pay the animal control agent for all fees and expenses incurred while the animal is impounded. Such fees and expenses shall include, but are not limited to: redemption fee, boarding fee, microchip identification fee, permit and licensing fee, vaccination expenses, veterinary service expenses, and any other expenses reasonably incurred for the benefit of the animal.

(2)

No unlicensed dog or cat shall be released from an animal shelter without a city pet license being issued in accordance with this chapter, except a dog or cat less than three months old. Before a city pet license is issued for a dog or cat, the owner must show proof that the animal has been vaccinated against rabies. If the owner cannot show such proof and the shelter where the animal is impounded does not have licensed veterinary services on site to administer such vaccination, the owner can gain release of his dog or cat by showing a receipt for prepaid veterinarian charges for rabies vaccination and agreeing to get his dog or cat vaccinated for rabies by a licensed veterinarian within 48 hours after such release. After showing proof within 72 hours after release that the owner's dog or cat actually received a rabies vaccination, the owner shall be issued a license tag. Failure of the animal owner to obtain such vaccination after such release shall constitute a breach of the release agreement and shall entitle the city animal control agency to regain possession of the animal.

(k)

Licensed animal (reclaiming).

(1)

An owner redeeming an impounded but licensed animal shall pay no redemption fee to the city, but shall pay for any and all costs incurred by the animal control agency under this chapter.

(2)

An animal impounded for a second time within a 12-month period shall not be released to its owner unless the owner pays a redemption fee of $25.00 to the animal control agency and pays for any and all expenses incurred by said agency under this chapter.

(3)

Such redemption fee shall increase by an additional $25.00 per impoundment for each subsequent time within a 12-month period that the same animal or any other animal belonging to the same owner becomes impounded. Any animal impounded, pursuant to the provisions of this chapter, on three separate occasions shall be considered a dangerous animal.

(l)

Reclaiming unlicensed animal.

(1)

An owner redeeming an impounded but unlicensed animal shall pay to the animal control agency a redemption fee of $50.00 before the animal is released.

(2)

Such redemption fee shall increase by an additional $25.00 per impoundment for each subsequent time within a 12-month period that the same or any other unlicensed animal belonging to the same owner becomes impounded.

(m)

Any impounded animal which is not required to be licensed under the provisions of this chapter may be redeemed by its owner for a fee of $25.00. Any animal impounded on three separate occasions shall be considered a nuisance animal under this chapter. The city animal control agency shall collect all such licensing and redemption fees for the city and shall account and pay over to the city controller such amounts of such fees as required by the animal control contract between the city and the animal control agency.

(n)

An animal's owner shall be liable for any expenses, including veterinary services, transportation or handling expenses incurred by the local humane society, animal care facility, animal shelter, or any other agency under this chapter.

(o)

When impoundment is authorized under this section and the animal is not found by animal control officials or the police, the animal control agency is authorized to obtain a court order requiring the animal's owner to present the animal at the time and place of the agency's choosing.

( Ord. No. 5485 , § 1(exh. A), 6-1-2015)