It shall be the duty of the senior animal control officer or his/her designee to provide a lot, pound or other enclosure in which to place and hold animals and fowl found in violation of the provisions of this chapter.
(2000 Code, sec. 5-31; Ordinance adopting Code)
The provisions of this article shall apply to the impoundment of livestock and nondomesticated animals (hereafter in this article, “animals and fowl”). Domesticated animals and pets shall be subject to impoundment and disposition under the provisions of article 2.04 of this chapter.
(Ordinance 18-3675, sec. 1, adopted 4/24/18)
Animals or fowl not redeemed within seven (7) business days from the impoundment or release from quarantine shall become property of the city. At the direction of the senior animal control officer or his/her designee the animal or fowl shall either be kept for city purposes, be humanely destroyed, or sell such animal or fowl to the highest bidder.
(Ordinance 18-3675, sec. 1, adopted 4/24/18)
Notice of the sale of any impounded animal or fowl under the provisions of this article shall be given for at least forty-eight (48) hours prior to the date of such sale by posting three (3) public notices thereof, one of which shall be posted at the city hall and publishing a notice of sale in a newspaper of general circulation in the city or the county.
(Ordinance 18-3675, sec. 1, adopted 4/24/18)
Editor's note–Former section pertaining to fees and deriving from Ordinance 18-3675, sec. 1, adopted 4/24/2018, was deleted in its entirety by Ordinance 23-3746 adopted 5/23/2023.
(a) 
All animals or fowl sold under the provisions of this article shall be sold separately for cash to the highest bidder. The sale may be by either sealed bid or outcry auction conducted by a certified livestock auctioneer. If a sealed bid is to be used then:
(1) 
Bidders shall be provided an opportunity to view the animal on the advertised day of sale, prior to the deadline for submitting a bid.
(2) 
Bids shall be opened not later than one hour after the deadline for submitting bids.
The maker of the high bid (by sealed bid or auction) or designated agent, must remove the animal from city custody by 5:00 p.m. on the day of sale or be subject to a premium of $50.00 for each day or part of a day that the animal remains in city custody thereafter plus cost of care.
(b) 
A strict account of the proceeds thereof shall be kept. Any surplus not necessary to pay the fees and expenses incurred by the impoundment and disposition of such animals or fowl shall be paid to the city treasurer and deposited in the general fund of the city.
(Ordinance 18-3675, sec. 1, adopted 4/24/18)
(a) 
The owner of any animal or fowl sold under the provisions of this article shall have the right for thirty (30) days from and after the date of such sale to file a claim with the city treasurer to recover the net sale proceeds paid for such animal if the owner provides an affidavit of ownership containing:
(1) 
The name and address of the owner;
(2) 
The date the owner discovered that the animal was an estray;
(3) 
The property from which the animal strayed;
(4) 
A description of the animal, including its breed, color, sex, age, size, markings of any kind, including ear markings and brands, and other identifying characteristics; and
(5) 
A sworn statement that the affiant is the owner or caretaker of the animal.
(b) 
In determining the net proceeds available, if any, for distribution, the owner shall not receive the deducted expenses incurred by the city in impounding, handling, seeking the owner of, or selling the estray.
(Ordinance 18-3675, sec. 1, adopted 4/24/18)