(a) The
following animals may be impounded:
(1) Cats and dogs not exhibiting evidence of being vaccinated as described in section
2.02.001 or registered as described in section
2.01.004.
(2) Any animal infected or kept under conditions which could endanger
the public or animal health.
(3) Any animal that creates a nuisance as defined in section
2.01.006.
(4) Any animal running at-large as stipulated in section
2.01.005.
(5) Any animal treated in a manner determined by the animal control officer
to be cruel or inhumane.
(6) Any animal that has bitten a human being or needs to be placed under
observation for rabies determination, as determined by the local health
authority.
(7) Any animal in violation of any provision of this chapter.
(b) If
any of the animals named in this section are found upon the premises
of any person, the owner or occupant of the premises shall have the
right to confine such animal in a humane manner until he can notify
the animal control officer to come and impound such animal. When so
notified, it shall be the duty of the animal control officer to have
such animal impounded as provided herein.
(c) Reasonable
effort shall be made by the animal control officer to contact the
owner of any animal impounded which is wearing a current vaccination
tag within 72 hours of impoundment; however, final responsibility
for location of an impounded animal is that of the owner.
(d) For a period of 72 hours from the time of impoundment, the owner may resume possession of any impounded animal upon payment of impoundment fees and any veterinary bills incurred by the animal control officer for the welfare of the animal, and upon compliance with the vaccination and registration provisions of this chapter, except where prohibited in subsections
(f) and
(g) of this section.
(e) Except in circumstances described in subsections
(f) and
(g) of this section, an owner forfeits his or her interest in and ownership of an animal impounded pursuant to this section if said owner fails to resume possession of the impounded animal within 72 hours of the time of impoundment. Ownership of an animal that has been forfeited pursuant to this subsection
(e) shall immediately transfer to and vest with the city.
(f) Disposition
of animals impounded on the grounds of cruel or inhumane treatment
shall be determined by a court of competent jurisdiction.
(g) If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine. If an owner fails to resume possession of an animal held under quarantine within 72 hours of the time the quarantine ends, an owner forfeits his or her interest in and ownership of said animal. Ownership of an animal that has been forfeited pursuant to this subsection
(g) shall immediately transfer to and vest with the city.
(h) The
city council or mayor shall select and establish a place for impounding
all animals impounded under any provision of this chapter.
(i) The
city is permitted to dispose of any animal whose ownership has vested
with the city in any way that the city deems to be in the city’s
best interest, including, but not limited to, humane euthanasia or
donation to a nonprofit humane organization.
(j) Notwithstanding
anything to contrary herein, ownership of any nursing baby animal
impounded without the mother, or where the mother cannot or refuses
to provide nutritious milk shall immediately vest with the city. Such
an animal may be immediately euthanized to prevent further suffering,
or may be given to a nonprofit humane organization for the purpose
of veterinary medical care and rehabilitation, as determined by the
animal control officer.
(k) Notwithstanding
anything to the contrary herein, ownership of any impounded animal
that appears to be suffering from extreme injury or illness shall
immediately vest with the city. Such an animal may be euthanized or
given to a nonprofit humane organization for the purpose of veterinary
medical care and rehabilitation, as determined by the animal control
officer.
(Ordinance 396 adopted 7/12/16)
Impoundment fees shall be determined and administered by the
impound facility and must be paid prior to the animals release to
its owner.
(Ordinance 360 adopted 10/8/13)