(a) Search Warrants. Whenever an animal is found on private property, a search warrant shall be obtained before a police officer, ACO, or other City agent may go onto the private property and remove the animal. Provided, however, that under the following circumstances, an animal may be removed from private property without first obtaining a search warrant:
(1) When a reasonable person would believe that the animal's life is in imminent danger;
(2) When a reasonable person would believe that an animal is suffering in excruciating pain;
(3) When a reasonable person would believe that the animal poses an imminent danger to persons or other animals;
(4) When seizure has been ordered by a court order.
(b) Length of Time Animal Held in Impound.
(1) Except as otherwise provided in subsection (2), animals impounded under this chapter shall be held for the following applicable periods:
A. Any animal impounded under the provisions of Section 608.13(a) or (e), shall be held for not less than four days, except that if the animal has evidence of ownership, or ownership is otherwise ascertained, notification to the owner shall be made in writing and the animal shall be kept for not less than seven days from the date of the notification as provided for in subsection (c) of this section.
B. Any animal impounded pursuant to Section 608.13(b), shall be held until disposed of pursuant to court order at the conclusion of court proceedings, or until the owner or other responsible person releases ownership of the animal.
C. Any animal impounded pursuant to Section 608.13(c) shall be held for not less than seven days, unless a complaint has been made before a court having jurisdiction of such cases, whereby an order that such animal be destroyed or confined is sought pursuant to Section 608.23, in which case such animal shall be held until the case is finally disposed of in accordance with any order entered by the court in the matter.
D. Any animal impounded pursuant to Section 608.13(d) shall be held until an ACO or the County Health Department determines that it is safe to release the animal; or, if an animal impounded pursuant to Section 608.13(d) is also the subject of a complaint made before a court having jurisdiction of such cases, whereby an order that such animal be killed or confined is sought pursuant to Section 608.23, then the animal shall be held until the case is finally disposed of, or until otherwise ordered by the court.
(2) Any animal which, in the opinion of the licensed veterinarian, is in a condition of health that is not likely to benefit from any reasonable treatment, and which has no evidence of ownership or whose owner, after reasonable efforts, has been unreachable, may be humanely destroyed before the time established in this section.
(c) Notification of Impoundment. Written notification of impoundment shall be given to every owner of an animal impounded pursuant to Section 608.13
if the animal has evidence of ownership or ownership is actually otherwise ascertained. Such written notification shall either be personally served upon the owner or shall be posted on the premises of the animal's owner and sent by first class mail to the owner's last known address and shall contain all of the following:
(1) A description of the animal;
(2) The date the animal was first impounded;
(3) The reason for impoundment;
(4) The name, address, and telephone number of the place of impoundment;
(5) The maximum time that the animal will be held before release or being disposed of;
(6) The requirement that the owner provide proof of current license and vaccinations, where required by ordinance or other law;
(7) The name of the impounding police officer or ACO;
(8) Date that the notice was personally served or posted and mailed, and a notation of which type of service was used.
(d) Requirements to Redeem Animal From Impound. In addition to any other requirement set forth in this chapter or by court order, in order to redeem an animal from impound, all of the following requirements must be met:
(1) Microchip. Unless an animal already has one, a microchip shall be implanted prior to the animal being redeemed, unless a licensed veterinarian signs an affidavit stating that such implantation would jeopardize the health of the animal;
(2) Unaltered animals.
A. Sterilization. Upon a third or subsequent time an animal is impounded, any animal six months of age or older shall be sterilized prior to the animal being redeemed from impound, unless a licensed veterinarian signs an affidavit stating that such sterilization would jeopardize the health of the animal;
B. Unaltered Fee. When an animal is impounded for the second or subsequent time, the owner or other person responsible for that animal must pay an unaltered animal fee as prescribed in Section 802.24
, in order to redeem the animal. The unaltered fee is in addition to all other fees, fines, and costs provided for otherwise under these ordinances.
C. Voucher. The person paying the unaltered animal fee will receive a voucher, on a form prepared by the City in the amount of the unaltered fee paid, which will be redeemable as follows:
1. Second Impound of Animal. The voucher may be applied up to the full amount toward spaying or neutering the animal redeemed if the spay or neuter is done within 30 days of redemption. If the spay or neuter is done before redemption any difference between the cost of the spay or neuter and the voucher amount will be refunded to the voucher owner upon request. There is no refund of any unused voucher amount if the spay or neuter is not done before redemption.
2. Third or Subsequent Impound. The voucher may be applied up to the full amount of the spaying or neutering of the animal. The spay or neuter must be done before redemption. There is no refund of any unused portion of the voucher.
D. Unaltered Fee Not Redeemed. The portion of an unaltered fee not redeemed as set forth above, is to be placed in the Police Department Animal Control budget for use for any animal control purpose.
E. City Not Responsible for Cost of Altering. Nothing herein makes the City responsible for any costs of spaying or neutering an animal. This provision only allows the unaltered fee to be redeemed for the cost of spay or neuter, up to the amount of the unaltered fee paid, in accordance with these provisions.
F. Circumstances for Warning on First Impound. If an animal is being redeemed from impound for the first time, the owner or other responsible party will receive a warning, instead of the Class C ticket for a violation of Section 608.11
(a), Allowing an animal to stray, if the animal is voluntarily spayed or neutered prior to redemption. The person may still be cited for any other violation provided for under these ordinances.
(3) Payment of Costs. Payment in full of all costs while impounded, including but not limited to, microchip implantation, sterilization and for the entire cost of care for the animal while the animal was impounded;
(4) Proof of Ownership. Proof of ownership may be accomplished by a current valid license, veterinary records, or proof of purchase or adoption, which reasonably identifies the animal; and
(5) Proof of License; Immunization. Proof of current valid license and immunizations, if required by local or State law must be provided.
(e) If an owner does not complete all of the above requirements listed in subsection (d) hereof within seven days, the animal will be deemed abandoned and forfeited.
(f) Action For Forfeiture. If an animal is impounded under this chapter and is being held pending the outcome of a criminal action charging a violation of Section 608.09
, before final disposition of the criminal charge:
(1) The City Attorney may file a civil action in the court that has jurisdiction of the criminal action, requesting that the court issue an order forfeiting the animal to the City or its designee before final disposition of the criminal charge.
(2) The City Attorney shall serve a copy of the summons and complaint upon the defendant and upon a person with a known ownership interest or known security interest in the animal or a person who has filed a lien with the Secretary of State in an animal involved in the pending action. The forfeiture of an animal under this section encumbered by a securing interest is subject to the interest of the holder of the security interest who did not have prior knowledge of, or consent to the commission of the crime.
(3) Upon the filing of the civil action, the court shall set a hearing on the complaint. The hearing shall be conducted within fourteen (14) days of the filing of the civil action, or as soon as practicable. The hearing shall be before a judge without a jury. At the hearing, the City Attorney has the burden of establishing by a preponderance of the evidence that a violation of Section 608.09 has occurred.
(4) If the court finds that the City Attorney has met this burden, the court shall order immediate forfeiture of the animal to the City or its designee unless the defendant, within 72 hours of the hearing, submits to the Court Clerk cash or other form of security in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the City or its designee in caring for the animal from the date of initial impoundment to the date of trial. If cash or other security has been submitted, and the trial in the action is continued at a later date, any order of continuance shall require the defendant to submit additional reasonable costs anticipated to be incurred by the City or its designee in caring for the animal until the new date of trial.
(5) If the defendant submits cash or other security to the court under this subsection the court may enter an order authorizing the use of that money or other security before final disposition of the criminal charges to pay the reasonable costs incurred by the City or its designee in caring for the animal from the date of initial impoundment to the date of final disposition of the criminal charges.
(6) The testimony of a person at a hearing held under this subsection is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this subsection does not waive the person's constitutional right against self-incrimination.
(7) An animal seized under this chapter is not subject to any other subsequent civil action by the City related to the animal pending the final judgment of the forfeiture action under this subsection.
(Ord. 02-03. Passed 5-20-03; Ord. 21-05. Passed 9-20-05; Ord. 33-05. Passed 11-15-05; Ord. 12-8. Passed 11-13-12; Ord. 04-2017. Passed 5-16-17.)