A. If the Police Chief, animal control officer, or their designee, determines that a vicious animal needs to be impounded for the protection of the public health and safety pending the outcome of any court proceeding, then the owner or custodian of the animal shall prepay the impound fee and the anticipated daily cost of care and feeding of the animal. If there is no room at the animal shelter to care for a vicious animal pending outcome of court proceedings, the City may impound the animal at a private boarding facility with the cost of such boarding facility being paid by the owner/custodian of the animal.
B. In the event that the owner or custodian fails or refuses to pay the fees and costs charged or incurred by the City to keep the animal pending outcome of court proceedings, the animal control officer shall give written notice to the owner or custodian of the animal of the City’s intent to destroy the animal within five (5) days. In such event, the animal shall not be destroyed if its owner, or other person seeking to claim it, filed with the City Clerk, during the five (5) day period, a written request that such destruction be postponed pending review by the City Council. Such written request shall be accompanied by payment in the amount which would be required by the time of the meeting in order to claim the animal as provided herein.
C. When such request and payment have been made, the animal shall not be destroyed pending a hearing by the City Council. When the hearing is conducted, the person making the request must appear and show good cause why he should be allowed to claim the animal and how he will care for it in order to avoid further violations of the provisions of this chapter pending outcome of the court proceeding. Following the hearing, the City Council shall determine whether the animal should be kept at the animal shelter pending outcome of the court proceeding and how much fees and costs shall be paid by the owner/custodian, or whether the animal shall be destroyed for failure of the owner/custodian to pay the fees and costs.
D. If the City Council approves the destruction, the animal shall be destroyed in a humane fashion and the payment made by the party requesting the hearing shall be retained by the City to defray its costs of impounding the animal pending the hearing. If the City Council decides that the animal should not be destroyed, the animal shall be released from impoundment upon such terms as the City Council may reasonably impose, and the payment made by the person requesting the hearing shall be retained as the fee for claiming the animal.
E. In lieu of the City impounding a vicious animal pending outcome of the case, the owner/custodian of the animal may have the animal boarded at a secure private boarding facility pending outcome of the court proceeding. In such event, the owner/custodian may not remove the animal from the boarding facility without the animal control officer’s consent.
F. Any animal impounded pursuant to the Chapter, and not reclaimed from the Animal Shelter by its’ owner within five (5) working days shall become the property of the city and shall be placed for adoption or euthanized in a humane manner. The chief of police or animal control officer may refuse to allow for adoption to any person who has pled guilty or been convicted of a violation of this chapter. Appeal or denial may be made in writing within three (3) calendar days to the city council. Specific animals shall not be held at the animal shelter pending the city council’s decision, but may be adopted by other persons or euthanized as provided above. The city council shall hear the appeal at the next regularly scheduled meeting and may either affirm or reverse the denial. If the denial is reversed, the person may adopt that is available after the city council’s decision.
G. If the name of the owner is readily available through license records, the animal shelter shall attempt to notify the owner by telephone or mail or by hand delivery of a notice or by notice attached to the front door of the residence of the animal’s impoundment, providing the deadline for reclaiming the animal, the condition under which the animal may be redeemed, including a detailing of the costs of confinement, and the consequences of failure to redeem by the deadline. (Ord. 2231, 12- -2022)