6.06.010 Impoundment procedure – Disposition.
(1) Any city authority designated by the mayor to engage in animal control enforcement may impound any animal under the following conditions:
(a) Any animal that has been humanely trapped.
(b) Any animal found in violation of the provisions of this title if the owner is unknown or, if known, if the owner is not readily available.
(c) Any animal neglected or abandoned by its owner, including any animal that is found abandoned within any building, establishment, or within or on any premises, whether public or private.
(d) Any animal that is sick or injured and the owner is not present or able to take charge of the animal.
(e) Any animal remaining at the scene of a crime or accident and the owner has been incarcerated or hospitalized.
(f) Any animal seized by the court.
(g) Any potentially dangerous or dangerous dog, inherently dangerous mammal, or inherently dangerous reptile found in violation of the provisions of this title and/or state law.
(h) Any inherently dangerous mammal or inherently dangerous reptile that has inflicted a bite or is found running at large.
(i) Pursuant to an order of the county health officer impounding any animal within 10 days following the date of a bite by that animal.
(2) The animal control officer upon impounding an animal shall make a complete record, entering the description of each animal. If the owner of the animal is known or if the animal is identifiable by license or other identification, the animal control officer shall attempt to notify the owner within 48 hours by service or posting of notice that his/her animal has been impounded and where it may be redeemed. The reading of a license tag or the scanning for a microchip shall constitute reasonable attempts to identify the animal. The city or animal shelter shall not be liable for the failure of a scanner to detect the presence of a microchip.
(3) If the owner is known, the animal shall be held at least 96 hours after the attempt to notify is accomplished. If the owner is unknown, the animal shall be held at least 72 hours after the time of impound. If the animal has been impounded pursuant to quarantine and has not been found to be suffering from rabies, the animal shall be held at least 72 hours after the end of the quarantine period and examination by a licensed veterinarian.
(4) Redemption of Impounded Animals.
(a) Any dog or cat (except dangerous dogs, potentially dangerous dogs, and inherently dangerous mammals or reptiles) impounded pursuant to the provisions of this chapter may be redeemed by the owner or other authorized person upon payment in full of all legal charges and expenses incidental to the impoundment and boarding of the animal and by demonstrating that all conditions for the release of the animal have been met.
(b) If a domestic animal is impounded and taken to the animal shelter more than twice during a 12-month period it will be mandatory that a microchip capable of being scanned by an “AVID” or other equivalent brand microchip scanner be implanted in the animal before it is released to the owner. The owner of said animal shall incur all expenses incidental to the microchip process and shall provide written proof of said process to the animal control authority. The owner or other authorized person redeeming an unlicensed dog over the age of six months shall pay twice the license fee, any late penalty fee if applicable, and a $50.00 deposit for animals for which rabies vaccinations are not current. The deposit will be refunded when the animal is vaccinated and proof of vaccination is presented to the animal control officer.
(c) Prior to redemption of a dog that has been declared potentially dangerous or dangerous the owner shall present proof of compliance with ECMC 6.08.110 and any other applicable code provision.
(d) Any dangerous dog, potentially dangerous dog, or inherently dangerous mammal or reptile found in violation of this title may be held at the animal shelter at the owner’s expense until adjudication by the court.
(5) Disposition of Animals.
(a) Animals not redeemed within the time periods as set forth herein will be considered forfeited and may be adopted or humanely destroyed by euthanasia at the discretion of the animal control officer, except those animals known to have bitten or which have been found dangerous or potentially dangerous shall not be adopted. However, the owner or keeper will remain responsible for payment of all legal expenses and charges incidental to the impound. If the failure to reclaim the pet animal is due to the owner’s incarceration or incapacity, notification of incarceration or incapacity to the animal shelter will serve to extend the 48-hour hold period by an additional 48 hours. The animal may be reclaimed during that additional 48-hour hold period by any person who has obtained the written or verbal permission of the owner to reclaim the animal, or by any person who is a legally appointed agent for the owner or keeper. Verbal permission must be provided by the owner to the animal control officer or his/her designee.
(b) Upon receipt of written permission from the owner, animals may be adopted or humanely destroyed by euthanasia without regards to the holding periods outlined herein.
(c) Any animal as may be determined by the animal control officer or licensed veterinarian to be suffering from serious injury or disease may be humanely destroyed by euthanasia without regard to the holding periods outlined herein.
(d) Any animal as may be determined by the animal control officer to be feral may be humanely destroyed by euthanasia without regard to the holding periods outlined herein.
(e) Any previously declared dangerous dog that has bitten shall be humanely destroyed by euthanasia after the quarantine period.
(f) Inherently dangerous animals and/or inherently dangerous reptiles which have bitten or been found running at large shall be humanely destroyed by euthanasia or transferred to a suitably licensed facility such as a zoo without regard to the holding periods outlined above.
(6) Opportunity for Hearing on Impound/Reclaim Fees and Costs. Prior to reclaiming an impounded animal, an owner or keeper who wishes to contest the impoundment of his/her animal and/or the assessment of fees pursuant to impoundment may utilize the following procedure:
(a) The owner or keeper must appear in person at City Hall and request the form for contesting impoundment and fees. If the owner or keeper is unable to personally appear due to his/her incarceration or incapacity, he/she may provide written or verbal permission to another person to act in his/her place. Verbal permission must be provided to the animal control officer or his/her designee.
(b) The owner or keeper or his/her designee must complete the form and sign it under penalty of perjury.
(c) The owner or keeper or his/her designee must give the completed form to the city clerk or designee. The mayor or his/her designee will review the form and records on file for the impoundment, will meet with the owner or keeper or his/her designee, and will decide based on all of the above whether to impose the fees for impoundment and other services as set forth in this section; to adjust the fees based on the completed form; or to not assess fees based on the completed form. The decision will be discretionary with the mayor or his/her designee, and is nonappealable.
(7) Housing fees shall be as established by the animal shelter. Such fees shall include all costs of housing such animals. (Ord. 546 § 1, 2019)