(a) 
Animals subject to impoundment.
(1) 
It is the duty of the animal control officer to capture and impound such animals as are running at large or which are required to be impounded pursuant to other laws or ordinances or to protect public safety. Any officer of the city is authorized to take up and deliver in a humane manner to the animal control facility any animal that may be found running at large in the city.
(2) 
The animal control officer shall impound and quarantine all dogs, cats and other animals exposed to, suspected to be exposed to, or infected with rabies, whether the dog, cat or other animal to be impounded is at large, on a leash, or confined to its owner’s premises or whether it is currently vaccinated. Any animal which a licensed veterinarian suspects of having rabies shall be humanely euthanized. Any animal exposed to a rabid animal shall be humanely euthanized or quarantined at the owner’s expense for a period mandated by the department of state health services zoonosis control division, not less than ten days from the date of last known exposure.
(3) 
The animal control officer shall impound an animal when the owner of the animal has been arrested, is hospitalized, is missing, or has died, and there is no person present, 18 years of age or older, who will assume the legal responsibility of providing food, water and shelter for such animal.
(b) 
Identification of impounded animals; notification of owner.
(1) 
The animal control officer, upon receiving an animal for impoundment, shall make a complete registry, including the species, breed, color and sex of such animal, whether it has traceable identification, and the time and place of taking custody. If the animal has traceable identification, he or she shall enter the name and address of the veterinary clinic, year, the number of the registration tag, and any other pertinent information. When kennel space allows, animals with traceable identification shall be kept separate from animals that do not have identification.
(2) 
If, by registration tag, the owner of an impounded animal can be identified, the animal control officer shall, as soon as possible, notify the owner by telephone or mail; however, it is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.
(3) 
Impounded animals with no means of traceable identification shall be kept for not less than five days, unless earlier reclaimed by the owner under acceptable conditions or earlier euthanized as allowed by this chapter. It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.
(4) 
Animals with any type of traceable identification shall be kept for not less than ten days, or not less than five days from the time the owner is notified of their animal being impounded, whichever is the shorter time period, unless earlier reclaimed by the owner under acceptable conditions or earlier euthanized as allowed by this chapter.
(A) 
If an animal has a tag that does not list the owner’s phone number or address, and the person or business that is in possession of the owner’s contact information will not release it to the animal control officer, then for the purposes of this section it shall be the responsibility of that person or business to notify the owner of the animal being impounded, and the animal shall be held for five days after the animal control officer contacts the person or business in possession of the owner’s contact information.
(B) 
It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.
(c) 
Holding period.
(1) 
An animal impounded at the request of a peace officer as required by this chapter shall be kept for not less than five days unless earlier reclaimed by the owner under acceptable conditions or earlier euthanized as allowed by this chapter. It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim such pets.
(2) 
An impoundment period is not required for an animal voluntarily released to the animal control officer by its owner.
(d) 
Redemption of impounded animals.
(1) 
Any owner of an animal that has been impounded under this chapter who wishes to have it returned to him or her shall personally visit the animal control facility where it is impounded. The animal control officer shall return the animal if the owner can provide sufficient proof of being the animal’s owner and if such release will not impair the safety of the public or the animal. The owner of the animal must pay any and all fees set forth herein and must agree to abide by all of the requirements of this chapter before the animal is returned. It is the responsibility of the owner to visit the shelter before the expiration of the designated holding period to reclaim lost pets.
(2) 
If an animal that requires a permit or registration is impounded by the animal control officer for violating this chapter and the owner cannot prove that he or she is in possession of all required permit(s) or registration(s), the owner must meet all requirements of the required permit(s) or registration(s) and must purchase said permit(s) or registration(s) before the animal may be released from the animal control facility.
(3) 
If an animal that requires a rabies vaccination is impounded by the animal control officer for violating this chapter and the owner cannot prove that the animal has a current rabies vaccination, a citation for failing to vaccinate will be issued. The owner shall then have five days to provide proof of obtaining a current rabies vaccination to the animal control officer or else he or she shall be cited again for violation of this chapter. Each subsequent day that passes after the five-day period shall be considered a separate offense. For the purposes of this section, a rabies tag alone is not sufficient proof of an animal’s current rabies vaccination.
(1994 Code, sec. 90.13; Ordinance 2011-39 adopted 11/28/11)
(a) 
The animal control officer may dispose of impounded animals after the expiration of any required impoundment period by any of the following methods:
(1) 
Adoption. The animal control officer shall be authorized to place for adoption dogs or cats impounded by the city under the following conditions:
(A) 
The animal control officer shall determine whether a dog or cat is healthy enough for adoption and if its health and age are adequate for vaccination. However, such decision shall not constitute a warranty, express or implied, of the animal’s age, health, or suitability for any purpose.
(B) 
There will be an adoption fee for all dogs and cats at an amount set by resolution of the city council. The fee will include the cost of sterilization, vaccination, and licensing.
(C) 
All animals adopted from the animal control facility shall be vaccinated against rabies and sterilized before ownership of the animal is transferred to the adopter. If, in the opinion of a licensed veterinarian, there is a legitimate health risk justifying the delay of this surgery, the person adopting the animal shall sign a written agreement stating that they will have the animal sterilized. A person who signs a sterilization agreement commits an offense if he or she fails to have the animal sterilized on or before the sterilization completion date stated in the agreement. For the purposes of this section, a legitimate health risk cannot be based solely on the animal’s age.
(D) 
If an adopted animal dies on or before the sterilization completion date, the adopting person must provide written documentation to the animal control officer that the animal has died.
(E) 
If an adopted animal is lost or stolen before the sterilization date, the adopting person must provide written documentation to the animal control officer stating that the animal is lost or stolen and a police report verifying the report of theft. The letter shall be delivered not later than the seventh day after the date of the animal’s disappearance and shall describe the circumstances surrounding the disappearance and the date of disappearance.
(F) 
The animal control officer may reclaim an adopted animal if he or she has not received confirmation of the sterilization as required.
(2) 
The animal control officer may offer the animal to an animal welfare group that has a signed transfer agreement for dogs and cats on file with the animal control officer, provided that the group sterilizes the animal prior to placing it into an adoptive home.
(3) 
The animal control officer may temporarily place the animal in a foster home that has a signed foster agreement for dogs and cats on file with the animal control officer.
(4) 
The animal control officer may humanely euthanize the animal by methods approved by the American Veterinary Medical Association or the department of state health services.
(b) 
The choice of which of these options to use shall be made at the sole discretion of the animal control officer unless otherwise mandated by a court order.
(c) 
Any impounded registered or unregistered animal which appears to be suffering from serious injury or disease and which is in great pain and suffering and probably will not recover or which appears to have an infectious disease which is a danger to humans or to other animals in the opinion of the animal control officer, or which due to its extremely violent nature poses a substantial risk of bodily harm to the safety of animal control staff, may be humanely euthanized at any time during its holding period by the animal control officer. In the event such an animal is wearing an identification tag on its collar or harness, the animal control officer shall attempt to notify the owner by telephone before taking action.
(d) 
It shall be an affirmative defense to prosecution of the owner if he or she can show that, at the time of its impoundment, the animal was at large due to a major natural disaster, fire, or criminal or negligent acts of a third party who was not residing at the animal owner’s residence. In such event, the owner shall only be subject only to the provisions of this chapter that require a current rabies vaccination and city registration. An owner’s claim of a fire or the criminal or negligent acts of a third party must be proven in one or more of the following manners:
(1) 
A certified copy of a city police or fire report verifying the incident; or
(2) 
The affidavit of city police or fire personnel with direct knowledge of the incident.
(1994 Code, sec. 90.14(A)–(D); Ordinance 2011-39 adopted 11/28/11)
It shall be unlawful for a person to fail or refuse to deliver an unregistered or unvaccinated animal to an animal control officer or police officer upon demand for impounding.
(1994 Code, sec. 90.14(E); Ordinance 2011-39 adopted 11/28/11)
The city shall not accept any animal for impoundment that is found or located outside the city limits. The provisions provided for in this section do not apply to animals found or located within the city limits.
(1994 Code, sec. 90.26; Ordinance 2011-39 adopted 11/28/11; Ordinance adopting 2016 Code)