(A)   The Animal Control Officer shall be supervised by the Police Chief or his designee through the Police Department.
   (B)   The Animal Control Officer shall be appointed by the Police Chief. The duties and powers of the Animal Control Officer are as follows:
      (1)   To cause to be enforced all city ordinances and/or state laws regarding animal care and control;
      (2)   To maintain and supervise the operation of the city animal shelter or shelters which have been designated for the humane sheltering or protection and disposition of animals coming into its custody;
      (3)   To purchase all necessary materials for the proper and efficient performances of the services and work required of the shelter consistent with the city's duly established purchasing procedures;
      (4)   To cause to be picked up and transported to the city animal shelter all unwanted animals, all animals illegally at large, and all sick, diseased, injured, lost, strayed, stolen or abandoned animals. Those animals whose owner request, may be promptly euthanized at the shelter. In addition, any animal which appears to be ill and would pose a health hazard to other animals or any animal which is injured so that it cannot rest comfortably for a minimum of three working days, may be destroyed immediately as so authorized by the Animal Control Officer or his/her authorized agent. All other animals shall be kept at said shelter or place designated by said shelter for a period of not less than seven working days to afford owners the opportunity to claim the animal. After such period of time, unclaimed animals shall be placed in a suitable home, retained at the shelter, or euthanized. Animals released to the shelter by their owners or impounded animals not claimed within the legal time become the property of the shelter and disposition may be made at the shelter's discretion;
      (5)   To proceed upon public and private property within the city in pursuit of animals believed to be in violation of this chapter. However, this authority does not extend to a privately owned structure without the consent of the owner, lessee, or other occupant in control of the premises or without other legal process or authority. Any animal pursued under this section may be confiscated and held by the Animal Control Officer according to its rules and regulations. If an animal is confiscated without the knowledge or consent of the owner or occupant of the premises, a notice shall promptly be affixed to said premises in an obvious location, directing the occupant to contact the Police Department or Animal Control Officer providing the address and telephone number of same on said notice;
      (6)   To cause to be picked up and disposed of all dead animals found in or on any street or sidewalk, alley or other public place in the city;
      (7)   To cause to be investigated all reports and complaints concerning any inhumane treatment or practices pertaining to animals within the city. To cause to be impounded at the Berne Animal Shelter, or suitable places designated by the Animal Control Officer, all animals found in conditions adverse to their health and safety;
      (8)   To enter into contract with any municipalities or governmental units or any person, association or corporation for the collection, transportation, sheltering and disposal by said shelter for sick, diseased, injured, illegally at large, lost, strayed or abandoned animals provided that no such services be extended by said shelter outside the city, except under written contract with the unit, person, association or corporation concerned and at a charge based upon the actual cost of such services, including overhead; provided that no such contract shall be effective except upon the approval of the city attorney or a duly designated associate, as to form and legality, the approval of the Mayor, and the ratification of the Common Council;
      (9)   To contract or perform all functions necessary for the efficient performance of the duties required of the shelter;
      (10)   To prepare and submit after review and comments to the Common Council through the Animal Control Officer, an annual budget, for its financing of its operations and performance of its duties;
      (11)   To submit to the Mayor, and to the Common Council, no later than January 30 of each year, a report of its activities and operation for the prior year;
      (12)   To establish reasonable fees to be charged to persons reclaiming and adopting animals, and to collect such fees, such fees to be adopted only after approval by the Mayor and Common Council; and
      (13)   To provide that all dogs and/or cats released for adoption may be spayed or neutered, implanted with an electronic microchip or registration tag, and provisions made for a program to monitor said spay/neuter and microchip or registration tag plan.
(Ord. 573, passed 9-10-07)  Penalty, see § 90.99