§ 92.07 IMPOUNDMENT.
   (A)   The Board of Commissioners shall arrange for an animal pound or shelter, as provided in Indiana law, which shall be located at some convenient place within the county.
   (B)   It shall be the duty of the Animal Control Officer or any member of the Sheriff’s Department to apprehend and impound in such animal shelter any dog, cat or any other animal found doing any of the following acts or being kept or maintained in any of the following conditions, unless otherwise provided herein, to-wit:
      (1)   Running at large not conforming to § 92.04(A).
      (2)   Not confined, as provided in §§ 92.04(B), (C) or (E).
      (3)   Kept in violation of §§ 92.04(D), 92.05(A), (B) or (G).
      (4)   Abandoned, as provided in § 92.05(C).
      (5)   Entering private property or causing injury to person or property in violation of §§ 92.04(F) or (G).
      (6)   Not registered, licensed and tagged as provided in this chapter or Indiana law.
      (7)   Upon the verified written complaint made to the Animal Control Officer, the County Health Department or Sheriff’s Department of a violation of this chapter.
      (8)   Upon order of the court following a conviction of any person for violating any provision of this chapter.
   (C)   The provisions of division (B) above notwithstanding, in lieu of impounding any animal under division (B) above, the Animal Control Officer, an employee of the County Health Department or any member of the Sheriff’s Department may issue an official warning to the owner of such dog, cat or other animal in accord with the provision of § 92.10.
   (D)   Not later than 24 hours after the impounding of any dog, cat or other animal, except if such impoundment is by reason of division (B)(8) above, the caretaker of the animal shelter shall notify the owner, if known, by ordinary United States mail or by telephone of such impoundment and the reason therefore. In the event that the owner is unknown, it shall not be necessary for notice to be given; however, in such event, notice may be given by publishing the same one time in a newspaper of general circulation within the county.
   (E)   At the time of giving notice to the owner of an impounded dog, cat or other animal as required by division (D) above, such owner shall also be notified whether such dog, cat or other animal may be reclaimed and redeemed. The decision as to whether an impounded dog, cat or other animal may be redeemed shall be made by the Animal Control Officer, in such officer’s sole discretion giving due consideration to the reason for the impounding.
   (F)   An owner of an impounded dog, cat or other animal, who has been notified that such dog, cat or other animal may be reclaimed and redeemed, may reclaim and redeem the same upon the payment of the following fees and upon the fulfillment of the following obligations:
      (1)   If the dog, cat or other animal has been picked up or captured by a county employee, policeperson, or other authorized agent of the county, the owner shall pay a redemption fee of $10, except for the case in which the impounded animal is a female in heat that has not been restrained in accordance with § 92.04(B), in which case the owner shall pay a redemption fee as provided by Indiana law.
      (2)   In addition to the payment required in division (F)(1) above, any person, firm, agency or corporation operating such animal shelter under contract or agreement with the Board of Commissioners or Animal Control Commission may charge a boarding fee not greater than the prevailing fees charged by the local veterinarians for each day or part thereof that the animal shall be impounded and an impoundment fee to help defray costs of handling and record keeping.
   (G)   It shall be unlawful for an owner of an impounded dog, cat or other animal, who has been notified that such dog, cat or other animal may be reclaimed and redeemed, to fail to reclaim and redeem the same on or before the last day of impoundment before the disposition of such dog, cat or other animal under division (H) below.
   (H)   All dogs, cats or other animals impounded under this chapter and not registered, licensed, tagged and redeemed shall be disposed of in a humane manner after the expiration of the following time periods:
      (1)   Three days after notice is given to the owner as required under division (D) above;
      (2)   Five days after impoundment when the owner is unknown; or
      (3)   At the time fixed by the court under division (B)(8) above.
Provided, however, that any dog, cat or other animal which appears to be suffering from hydrophobia, mange or other infectious or contagious disease, except rabies, may be disposed of immediately upon impoundment. Any animal destroyed which is believed to be suffering from hydrophobia, mange or other infectious disease shall be forthwith reported by the Animal Control Officer to the County Board of Health, unless otherwise provided by Indiana law. All animals believed to be suffering from rabies shall be handled in the manner specified in § 92.08.
   (I)   Whenever the Animal Control Officer or Sheriff’s Department shall find any dogs, cats or other animals running in packs, vicious or in such condition as to be too dangerous to capture, then the Animal Control Officer or Sheriff’s Department is authorized to dispose of the animal where it may be found.
   (J)   No impounded animal shall be sold or given to any person, procurer or agent for the purpose of experimentation.
(Prior Code, § 3-10) (Ord. 12-13-79A, passed 12-13-1979; Ord. 1980-7, passed 11-20-1980; Ord. 2021-06, passed 8-30-2021) Penalty, see § 92.99