(a)
Impoundment authorized; right of entry.
The animal control
officer and any police officer (referred to herein collectively as
“enforcement officers”) are hereby authorized to capture
and impound any animal upon having probable cause to believe said
animal to be in violation of any provision of this chapter or state
law which authorizes or requires the animal’s capture and impoundment,
and in so doing, to enter upon any fenced or unfenced lot, tract or
parcel of land when deemed necessary for the protection of the public
health, safety and welfare, as allowed by law. As a matter of policy,
enforcement officers shall not enter upon private property to capture
and/or impound any animal known to belong to the owner of said property
without probable cause. An enforcement officer may enter upon the
property, as allowed by law, to capture an animal if it is believed
that said animal poses a threat or danger to property, human beings
or other animals.
(b)
Notification of owner.
If, by identification tag, the
owner of an impounded animal can be identified, the enforcement officer
will, as soon as practical, notify the owner either in person or by
telephone of said impoundment. If the animal is locally owned within
the city and telephone contact can or cannot be made, the enforcement
officer will post a notice on the front door of the owner’s
residence indicating that the animal has been impounded.
(c)
Holding period.
All impounded animals shall be kept
for up to seventy-two (72) hours, unless the animal is reclaimed earlier
by the owner under acceptable conditions.
(d)
Registry.
The chief of police or his authorized representative
shall, upon receiving any animal, make a complete registry, entering
the breed, color, and sex of such animal, and the time of taking into
custody and, if the animal is licensed, he shall enter the name and
address of the owner and the number of the license tag.
(Ordinance 18-0108-02, sec. 14,
adopted 1/8/18)
Any animal not redeemed within seventy-two (72) hours after
being impounded shall be disposed of by sale or destruction in a humane
manner, or by delivery to a designated animal holding facility. Any
impounded animal that has been seriously injured, is seriously ill,
or is incapable of feeding itself may be immediately destroyed in
a humane manner to prevent suffering. The city has no duty to provide
veterinary care for a sick or injured animal that has been impounded,
and the city shall not be liable for not providing such care.
(Ordinance 18-0108-02, sec. 15,
adopted 1/8/18)
The owner of any animal, except livestock, which has been impounded
may redeem such animal at any time prior to transporting said animal
to a designated animal holding facility by the payment of an impoundment
fee as established by city council, with proof of rabies vaccination
and the purchase of a city dog or cat license, if applicable, and
one has not been purchased. The owner of any livestock that has been
impounded may redeem such animal at any time prior to transporting
said animal to a designated animal holding facility by the payment
of impounding fee as established by city council. After the animal
has been transported to the designated animal holding facility, the
owner of such animal shall pay the charges incurred for each day or
part of a day such animal is impounded. Any owner of unlicensed dogs
or cats impounded, in addition to the above fees, shall have said
dog or cat vaccinated and licensed immediately upon redemption.
(Ordinance 18-0108-02, sec. 16,
adopted 1/8/18)
The chief of police may contract with a veterinarian or other
suitable person for the furnishing of impounding facilities and the
disposal of animals pursuant to the provisions of this chapter to
the end that the chief of police may be relieved from operating a
pound and this chapter may be economically enforced.
(Ordinance 18-0108-02, sec. 17,
adopted 1/8/18)
