(a)
Impoundment authorized; authority to destroy certain animals.
Animals which are at large may be captured by animal control
personnel, or other designated employees of the city if animal control
personnel are not available, impounded in an animal shelter and there
confined in a reasonably humane manner with necessary food and shelter.
In the event of actual and immediate danger of bodily injury to any
person because of an animal’s vicious nature or actions, or
in the event an animal which constitutes a threat to the health of
people or other animals is about to elude capture by animal control
personnel, the personnel shall be justified in immediately destroying
the animal by the use of any reasonable means available to them without
liability of any nature to the owner for the death of the animal.
(b)
Notification of owner.
If an animal wearing a metal
vaccination tag is impounded, the operator of the animal shelter where
the animal is impounded shall request the name and address of the
owner from the veterinarian who issued the tag. If the owner cannot
be reached readily by telephone, written notification shall be placed
on the door of the address furnished by the veterinarian.
(c)
Holding period.
The director of animal control shall
operate an animal shelter [which] shall keep an impounded animal at
least three days prior to release for adoption, and at least three
days prior to humane destruction, not counting the day of impoundment.
(d)
Release of animal to owner.
An impounded animal shall
be released to its owner during regular hours of operation upon payment
of the appropriate fees and upon proof of ownership. In the case of
dogs and cats, possession of a vaccination certificate describing
the dog or cat or bearing the same serial number that appears on a
metal tag worn by the dog or cat shall be accepted as prima facie
proof of ownership. Impounded dogs and cats for which the owner cannot
show proof of current vaccination and registration will be released
only if and when the owner signs an agreement to show proof of same
within 72 hours. Failure to show proof of such within the 72-hour
period will constitute a violation of this chapter.
(e)
Duty of chief of police or designee.
It shall be the
duty of the chief of police or his designee, and in compliance with
any procedural requirements of this chapter, to seize and deliver
to the city animal shelter any and all animals found in violation
of the provisions of this chapter.
(f)
Seizure due to animal cruelty.
In the instance of seizure
due to animal cruelty, owner must provide proof of corrective action
within 72 hours to satisfy the hearing officer (police chief or animal
control officer) that the safe return of the animal is possible. Appeals
to the hearing officer’s decision must be filed within 10 days
after the decision is delivered.
(Ordinance 2009-10-05 601, sec.
5(A), adopted 10/5/09; Ordinance
adopting Code)
(a)
Impoundment fees shall be set in the city council’s budget ordinance and are set forth in the fee schedule in appendix A of this code.
(b)
Classification:
(1)
Class A.
Each dog or cat or juvenile of same.
(2)
Class B.
Goat, sheep, lamb, pig, sow, shoat, and animals
of the same approximate size and weight.
(3)
Class C.
Cattle, horses, ponies, mules, foals, calves,
and animals of the same approximate size and weight.
(4)
Class D.
Exotic or wild animals.
(5)
Class E.
Birds and fowl.
(c)
All
fees will be determined by the animal control officer and will be
placed on the fee schedule and may be found at the city hall.
(Ordinance 2009-10-05 601, sec.
5(B), adopted 10/5/09)
(a)
Posting of notice.
All notices of public sale of livestock
by the division of animal control shall be posted in the city’s
normal public notice location.
(c)
Illegally removing animals from impoundment.
It shall
be unlawful for any person to take or attempt to take any animal out
of city impoundment or release the same therefrom without the permission
of the animal control personnel.
(Ordinance 2009-10-05 601, sec.
5(C), adopted 10/5/09)
(a)
An
impounded dog or cat which is not claimed and redeemed by an owner
within the three days following the day of its impoundment may be
released to any person for an adoption fee. The decision to place
an animal for adoption is in the sole discretion of the director of
animal control. No person seeking to adopt an animal shall be discriminated
against on the basis of race, sex, religion, or national origin. No
person convicted of the offense of animal fighting shall be permitted
to adopt an animal from an animal shelter.
(b)
An
impounded domestic animal or fowl may be given, without fee, to a
nonprofit animal shelter, pound, organization, or society for the
protection of animals, for the purpose of domestic adoption, providing
that all other sections of this chapter or any other ordinances or
applicable laws are met.
(c)
Dogs
or cats may not be released for adoption unless the animal has been
vaccinated against rabies and sterilized or the new owner signs an
agreement to have the animal sterilized, as follows:
(1)
Animals must be vaccinated against rabies by a licensed veterinarian
within 72 hours of adoption.
(2)
Animals must be sterilized by a licensed veterinarian within 30 days
of adoption in the case of an adult animal, or within 30 days after
the estimated date the animal will become eight months old in the
case of an infant animal. The director of animal control may extend
the deadline for sterilization by 30 days on presentation of a written
report from a licensed veterinarian stating that the life or health
of the animal may be jeopardized by surgery. There is no limit on
the number of extensions which may be granted.
(3)
If a deadline specified in the adoption agreement falls on a Saturday,
Sunday, or legal holiday, the deadline is extended to noon on the
next day that is not a Saturday, Sunday, or legal holiday.
(4)
Except as hereafter provided, each new owner who signs an agreement
must deliver to the director of animal control a letter signed by
a licensed veterinarian that briefly describes the animal, states
that the animal has been sterilized or vaccinated, as applicable,
and provides the date on which the animal was sterilized or vaccinated.
The letter must be delivered to the director of animal control in
person or by mail within seven days of the date of the procedure described
in the letter.
(A)
If the adopted animal dies before being sterilized or vaccinated,
then in lieu of the confirmation letter described above the new owner
shall deliver to the director of animal control a signed letter stating
that the animal is dead and, if known, provide the date and circumstances
of the death. The letter must be delivered in person or by mail within
seven days of the animal’s death.
(B)
If the adopted animal is lost or stolen before being sterilized or
vaccinated, then in lieu of the confirmation letter described above
the new owner shall deliver to the director of animal control a signed
letter stating the animal is lost or stolen and, if known, provide
the date and circumstances of the animal’s disappearance. The
letter must be delivered in person or by mail within seven days of
the animal’s disappearance.
(5)
If the director of animal control does not receive a letter meeting
the requirements of the city code within the seventh day after the
due date specified in the adoption agreement, he shall cause a complaint
to be filed against the new owner, and there shall be a rebuttable
presumption that the owner’s failure to timely deliver the required
letter is the result of the owner’s refusal to have the animal
vaccinated or sterilized, as applicable.
(6)
If the director of animal control does not receive a letter meeting
the requirements of the city code within the seventh day after the
due date specified in the adoption agreement, he may promptly reclaim
the animal from the new owner. A person may not prevent, obstruct,
or interfere with a reclamation under this subsection.
(d)
A
new owner who violates this chapter commits an offense.
(Ordinance 2009-10-05 601, sec.
5(G), adopted 10/5/09)
It shall be unlawful for any person to tamper with, destroy,
damage, spring, or cause to malfunction any trap set by the department
of animal control or any of its agents, or to release any dog or cat
from any such trap.
(Ordinance 2009-10-05 601, sec.
5(H), adopted 10/5/09)
(a)
An
animal that has been severely injured may be destroyed in a humane
manner by the animal control department or a police officer if the
animal is suffering and is not expected to survive.
(b)
An
animal that exhibits symptoms of mange, distemper, parvo, or other
communicable diseases may be destroyed in a humane manner by the animal
control department or a police officer. Animals suspected of having
a communicable disease shall not be confined with healthy animals
in an animal shelter.
(c)
If
an injured or diseased animal in the custody of an animal shelter
or animal control personnel is wearing a current vaccination tag or
other identification, the custodian shall make every reasonable effort
to notify the owner. Once notified, if the owner proceeds immediately
to the location of the injured animal, it shall be released to the
owner. Animals that are not wearing any type of identification may
be destroyed immediately by the animal control department or a police
officer.
(d)
The
city shall not be responsible for obtaining veterinary services for
a diseased or injured animal. In the event a humane society obtains
veterinary services for a diseased or injured animal, the person who
subsequently claims ownership of the animal shall be liable for all
expenses of treatment. A person or entity that obtains veterinary
services for an animal may bring suit against the animal’s owner
to collect expenses of treatment.
(e)
The
city, its officers, agents, and employees shall not be liable for
any damages for the destruction of any animal accomplished in accordance
with this chapter.
(Ordinance 2009-10-05 601, sec.
5(I), adopted 10/5/09)
A person commits an offense if the person knowingly interrupts,
disrupts, impedes, or otherwise interferes with any animal control
personnel while such personnel are performing a duty or exercising
authority imposed or granted under this chapter. It is a defense to
prosecution under this section that the interruption, disruption,
impediment, or interference alleged consisted of speech only.
(Ordinance 2009-10-05 601, sec.
5(J), adopted 10/5/09)
A person commits an offense if the person violates a provision
of this chapter, and no other penalty is prescribed for the violation.
(Ordinance 2009-10-05 601, sec.
5(K), adopted 10/5/09)
The animal control officer or police officers are authorized
to issue a citation to any person who violates a provision of this
chapter. The citation shall set forth the general nature of the violation
charged, and direct the violator to appear in the municipal court
of the city on or before a given date. The violator shall sign the
citation to indicate his agreement to appear. In the event a violator
refuses to sign the agreement to appear, a police officer may be called
to the scene, and upon the continued refusal of such person to sign
may arrest such person and require a bond be posted in the amount
set by the municipal court. When the violator is not present, the
citation may be issued, a complaint filed, and procedure followed
as permitted by law.
(Ordinance 2009-10-05 601, sec.
5(L), adopted 10/5/09)
