(a) Animals
may be impounded by the rabies prevention officer under any of the
following circumstances when:
(1) An animal, other than a cat wearing city license and rabies tags,
is not kept under restraint;
(2) A dog or cat does not wear a valid city license tag affixed to its
collar and said animal is not being used currently in a research program
at the owner’s institution of higher education which is accredited
by the American Association for Accreditation of Laboratory Animal
Care;
(3) A dog or a cat does not have a valid city license and said animal
is not being used currently in a research program at the owner’s
institution of higher education which is accredited by the American
Association for Accreditation of Laboratory Animal Care;
(4) An animal is reasonably suspected of having inflicted bodily harm
on any human being or animal, or poses a threat to public safety or
constitutes a public nuisance;
(5) A dog or cat does not have a valid current rabies vaccination;
(6) A vicious, prohibited or unmuzzled animal is in a place of public
assembly;
(7) An animal is not cared for in violation of section
2.01.014;
(8) An animal has rabies or symptoms thereof, or that a person could
reasonably suspect as having rabies, or that bites, scratches, or
otherwise creates a condition which may have exposed or transmitted
the rabies virus to any human being or animal;
(9) An animal is not kept in conformity with this chapter or state law;
(10) Animals not properly restrained at a residential, commercial, retail,
or wholesale establishment.
(b) If,
by a license tag or other means, the owner of an impounded animal
can be identified, the rabies prevention officer shall, as soon as
practicable after impoundment, notify the owner, if reasonably possible,
that if the impounded animal is not redeemed within three (3) days
after impoundment, disposition of the impounded animal shall occur
in accordance with this chapter, and that the owner has a right to
a hearing on the validity of the impoundment and applicable fees,
and the disposition of the impounded animal in accordance with this
chapter. A hearing shall be held as soon as practicable if requested
by the owner prior to the disposal or destruction of the animal as
provided in this chapter.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.601)
(a) Impounded
animals, including those released from quarantine, shall be kept for
three (3) days from the date of impoundment. In calculating the length
of this time, the first day after impoundment shall be day one (1).
If the owner of such impounded animal does not redeem it within three
(3) days after impoundment, disposition will be in accordance with
this chapter.
(b) Impounded
animals, including those released from quarantine, other than prohibited
animals, shall be available for immediate redemption by the owner
or custodian after paying applicable fees. Impounded prohibited animals
shall be available for immediate redemption by the owner of the animal
after the owner pays the applicable fees and signs an agreement with
the city to immediately transport the prohibited animal outside the
city, to not keep the prohibited animal at any time in the city, and
authorizing the city to humanely destroy the prohibited animal if
it comes inside the city again. High risk or prohibited animals which
have been impounded for three (3) days may either be euthanized or
removed from the city as determined by the rabies prevention officer.
The owner of such an animal shall pay to the city the applicable fees
plus the actual costs of the impoundment and handling.
(c) Types
of “applicable fees” which must be paid by the animal
owner to reclaim impounded or quarantined animals include:
(1) An impoundment charge for dogs and cats; small animals other than
dogs or cats, such as rabbits, non-prohibited reptiles, and fowl;
livestock; and prohibited animals. An impoundment charge for dogs
and cats is based on the number of occurrences for which an owner’s
dog or cat is impounded within a twelve (12) month period. The impoundment
charge will be reduced if proof is shown at the time release of the
animal is requested that the dog or cat which is the impounded animal
for the particular occurrence is currently vaccinated against rabies,
validly licensed, or has been spayed or neutered. An occurrence is
defined as being the number of times that any dog or cat belonging
to one (1) owner has been impounded at the rabies prevention center
within the preceding twelve (12) months, for whatever reason. An impoundment
charge for animals other than dogs or cats is not “occurrence
based.”
(2) An additional bite fee will be made for any animal which is impounded
because it has bitten a human being or an animal. Bite fees will be
assessed on the respective animal’s bite history within the
preceding twelve (12) months and not on the number of bites by all
of an owner’s animals within that time period.
(3) A daily charge for boarding services based on whether the impounded
animal is a non-quarantined dog, cat or small animal; or a non-quarantined
animal other than the foregoing; or a quarantined animal of any kind.
A boarding charge will be made for every day and any part of a day
that the animal is held at the rabies prevention center.
(4) Where an owner cannot provide proof to the rabies prevention officer
at the time of release from impoundment that the impounded animal
is currently vaccinated against rabies or validly licensed, then a
charge for the legally required vaccination or licensing will be made
and a voucher provided to the owner to receive these services from
a veterinarian.
(d) A
schedule of the current “applicable fees” for reclaiming
impounded or quarantined animals is available for review at the city
municipal building.
(e) It
is not a defense to prosecution of any citations that applicable impoundment,
bite, boarding, vaccination or license fees have been paid.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.602)
Conditions for releasing of impounded animals are as follows:
(1) Before
releasing any animal to the owner, the rabies prevention officer shall
require sufficient proof that reasonable precautions have been taken
to prevent further violations of this chapter. If the owner does not
submit sufficient proof of such precautions, the animal may continue
to be impounded for three (3) additional days. Upon the expiration
of that second three (3) day period, the rabies prevention officer
shall determine the disposition of the impounded animal in accordance
with the provisions of this chapter.
(2) No
impounded animal suffering from any disease, ailment or injury may
be redeemed until the rabies prevention officer is provided with sufficient
information to determine that arrangements have been made for proper
treatment of the animal by a licensed veterinarian.
(3) Except where otherwise provided in this chapter, animals not redeemed within three (3) calendar days following impoundment or release from quarantine shall become the property of the city and shall at the direction of the rabies prevention officer be placed for adoption in suitable homes, be transferred to a bona fide humane society, be kept for city purposes, be humanely disposed of or destroyed, or be disposed of for medical purposes in compliance with subsection
(4) of this section.
(4) Impounded
animals not redeemed within three (3) calendar days following impoundment
or release from quarantine may be sold or otherwise disposed of for
medical purposes to a medical school located within the city, subject
to the following conditions:
(A) An animal sold, or otherwise disposed of, by the city for medical
purposes may be used only for nonsurvival surgery or nonsurvival experiments.
The animal must be anesthetized before the beginning of any surgical
or experimental procedure on the animal and euthanized before the
animal regains consciousness.
(B) A medical school which purchases or receives an animal from the city
for medical purposes shall, upon request and at reasonable hours,
make available to the rabies prevention officer any and all records
necessary for verification that the animal was used only for acute
nonsurvival surgery.
(C) Before selling an animal for medical purposes, the rabies prevention officer shall hold the animal for twenty-four (24) hours longer than the redemption period required for the animal under section
2.05.001(b) of this chapter, to allow for pet identification. The medical school purchasing or receiving the animal shall pay all costs incurred by the city for the additional period of impoundment.
(D) No animal impounded by the city with a color or other applied identification
markings may be sold, or otherwise disposed of, for medical purposes.
(E) Sterilization requirements of division 2 of this article do not apply
to a medical school which obtains impounded animals from the city
for medical purposes.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.603)
(a) The
releasing agency may not release a dog or cat for adoption unless
the animal has been sterilized or the release is made to an owner
who has signed an agreement to have the animal sterilized.
(b) The
sterilization agreement must contain:
(1) A sterilization completion date, which is:
(A) The thirtieth (30th) day after the date of adoption in the case of
an adult animal; or
(B) The thirtieth (30th) day after a specific date estimated to be the
date an adopted infant female animal becomes six (6) months old or
an adopted infant male becomes eight (8) months old; and
(2) A statement, printed in conspicuous, bold print, that sterilization
of the animal is required, and that if the animal is not sterilized
on or before the appropriate date the owner commits an offense under
this section which shall be punishable by a fine of not less than
fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00).
(c) Except
as provided by this subsection, an owner who signs an agreement under
this section shall have the adopted animal sterilized on or before
the sterilization completion date stated in the agreement. If the
sterilization completion date falls on a Saturday, Sunday, or legal
holiday, the deadline is extended to the first day that is not a Saturday,
Sunday, or legal holiday. The releasing agency may extend the deadline
for thirty (30) days on presentation of a written report from a licensed
veterinarian stating that the life or health of the adopted animal
may be jeopardized by surgery. There is no limit on the number of
extensions that may be granted for this reason.
(d) It shall be unlawful for a person who obtained a dog or cat from the releasing agency and executed a sterilization agreement for the subject animal to fail or refuse to have the subject animal sterilized by the date specified in the sterilization agreement for the subject animal to fail or refuse to have the subject animal sterilized by the date specified in the sterilization agreement [sic] or in subsequent extension(s) of the deadline as may be granted by the releasing agency pursuant to subsection
(c) of this section.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.701)
(a) Except as provided by subsection
(b) of this section, every owner who signs an agreement under section
2.05.031 of this article shall provide the rabies prevention section a certificate of sterilization signed by the veterinarian who performed the surgery and briefly describe the animal and provide the date of sterilization. It shall be unlawful for a person who obtains a dog or cat from the releasing agency and who has executed a sterilization agreement for the subject animal to fail or refuse to provide a certificate of sterilization for the animal to the rabies prevention section by seven (7) days from the date the animal is sterilized.
(b) If the adopted animal dies on or before the deadline provided by section
2.05.031 of this article, the owner shall provide to the rabies prevention section, no later than seven (7) days from the date of the animal’s death, a signed letter stating that the animal is dead, describing the cause of death, if known, and providing the date of death. The letter required by this subsection is in lieu of the letter required by subsection
(a) of this section.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.702)
(a) If the rabies prevention section does not receive a certificate of sterilization or a letter from an owner of a dog or cat obtained from a releasing agency complying with either section
2.05.032(a) or
(b), the rabies prevention officer shall notify the animal owner in person, by phone or mail that the deadline for sterilizing the animal has expired. The rabies prevention officer shall also inform the owner that the releasing agency is required by law to reclaim the animal unless the owner provides the rabies prevention section with a certificate of sterilization or, in the event the animal has died, a letter which contains the information required in section
2.05.032(b). The owner shall submit the certificate or letter to the rabies prevention section no later than fourteen (14) days from the sterilization completion date as provided in section
2.05.031(c).
(b) If the rabies prevention section does not timely receive a certificate or letter which complies with subsection
(a) of this section, the releasing agency can promptly reclaim the animal from the owner.
(c) It
shall be unlawful for a person to prevent, obstruct, or interfere
with a reclamation under this section of a dog or cat adopted from
the rabies prevention section where an executed sterilization agreement
exists for that animal.
(d) The
failure or refusal of an owner to comply with any applicable requirements
of this division is deemed a public nuisance.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.703)
It shall be an affirmative defense to section
2.05.031 and section
2.05.032 that a dog or cat is claimed from the rabies prevention section by a person who is the present owner of the animal, provided:
(1) The
animal is not determined to be vicious/dangerous; and
(2) The
animal has not been determined to be a public nuisance, or threat
to the public.
(Ordinance adopting 1993 Code; 1993
Code, sec. 2.704)