Dogs and/or cats which are a nuisance shall, if reasonably possible,
be captured or taken by an animal control officer, or other designated
employee of the city if an animal control officer is 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 the
vicious nature or actions of a dog or cat, or in the event a dog or
cat which constitutes a threat to the health of people, or other dogs
or cats, is about to elude capture by an animal control officer, the
officer shall be justified in immediately destroying the dog or cat
by the use of any reasonable means available to him, without liability
of any nature to the owner for the death of the cat or dog.
(1997 Code, sec. 90.050)
An animal control officer shall, upon observing a dog or cat
at large, pursue said dog or cat and capture same if possible. If
said dog or cat, during pursuit, goes upon private property, said
officer shall continue pursuit onto said private property. Should
any dog or cat, after pursuit, be captured on private property, the
officer shall make inquiry of anyone present on said property as to
ownership. In the event ownership of the dog or cat is determined,
said officer shall issue a citation to the owner and deliver the dog
or cat to said person upon said person exhibiting acceptable identification.
In the event a dog or cat at large is captured and the owner is not
located, or ownership is not determined, it shall be impounded.
(1997 Code, sec. 90.051)
Unless reclaimed as herein provided, all impounded dogs and/or
cats shall be kept for not less than five days, the first day of which
shall be the day next following the day of impoundment.
(1997 Code, sec. 90.052)
If the owner of an impounded dog or cat can be readily identified,
the animal control officer or his agent shall, within 24 hours after
impoundment, notify the dog’s or cat’s owner by telephone,
if possible, or by mail if no telephone number is available.
(1997 Code, sec. 90.053)
If the dog or cat is four months old or older and not wearing
a collar with valid rabies and license tags attached, the owner must
present a certificate showing that the dog or cat has been vaccinated
and licensed within the immediate preceding 12 calendar months. If
such a certificate of vaccination and/or the license cannot be produced,
and the animal is three months old or older, a warning notice shall
be issued to the owner and the animal may be released to its owner
on the condition that the owner shall immediately have the animal
vaccinated against rabies and purchase a city license. In that event,
the animal shall be vaccinated and/or licensed, as herein provided,
and acceptable proof thereof exhibited to the director of animal control
or his agent within 72 hours after the animal’s release. If
acceptable proof of vaccination and/or licensing is not presented
within the 72 hours, the director shall cause a complaint to be filed
against such owner in the municipal court. Animals which are not at
least three months of age may be released without immediate vaccination
and licensing being required. However, the department of animal control
may give written notice to the person claiming said animal that proof
of vaccination and licensing must be presented, as required herein,
on or before a certain date. The date shall be a date estimated as
falling between the third and fourth month following the animal’s
birth. In the event such written notice is given and the proof of
vaccination and licensing is not provided on or before the date stipulated,
the director of the department of animal control shall cause a complaint
or complaints to be filed.
(1997 Code, sec. 90.054)
The city council has set impoundment fees as provided for in
the fee schedule.
(Ordinance 070501-1 adopted 5/1/07)
(a)
Any animal not reclaimed by its owner in compliance with the provisions of section 2.04.005 within the five days excluding the day of impoundment shall become the property of the city, and shall be either placed for adoption or humanely put to death by an animal control officer.
(b)
An impounded animal which is not claimed and redeemed by its owner within the five-day period may, if in good health and not having been observed to be vicious, be adopted by any person who pays an adoption fee as provided for in the fee schedule and the cost of impoundment plus cost of vaccination, provided that the requirements of section 2.04.005 must be met by such person, and provided that it shall be unlawful for any person to adopt or attempt to adopt any impounded animal in an effort to avoid or circumvent the penalties applicable to owner/violators.
(1997 Code, sec. 90.056)
