§ 90.11 IMPOUNDED ANIMALS.
   (A)   The town may impound cause to be impounded, either in town facilities or the facilities of a cooperating state or county agency, an animal for a period of time deemed necessary and appropriate under the circumstances. If the animal is a wild animal, of a species indigenous to Indiana, which no person has a lawful right to possess, is deemed to pose no unusual threat to humans or livestock, and is sufficiently mature to care for itself in the wild, the town may, as permitted by applicable federal, state and county laws and regulations, release the animal back into the wild.
   (B)   Upon the expiration of applicable time periods, the town, or a cooperating agency, may humanely destroy or otherwise lawfully dispose of an impounded animal. An impounded domestic animal shall be kept for at least 5 days. If the owner of an impounded domestic animal is known, the town shall, as soon as is practicable, notify that owner of the animal’s impoundment.
   (C)   Unless a court, or a state or county officer having proper authority, orders the continued detention of an animal, the owner of an impounded domestic animal, other than an animal impounded for violation of I.C. 35-46-3, may reclaim the animal, prior to its destruction or other disposition as set forth herein, by paying to the town the following fees:
      (1)   A charge of $50 for initial capture of the animal; and
      (2)   A charge of $25 per day for boarding and feeding the animal.
   (D)   If the town delivers the animal to a cooperating agency, the above charges shall nevertheless apply for the time that the animal is in the town’s custody, and an additional fee of $50 for transporting the animal shall apply. These charges and fees are in addition to any penalties or costs assessed under this chapter. Any cooperating agency into whose custody an animal is delivered may charge and collect its own fees from the person reclaiming the animal for the period of time the animal was in its custody. An animal impounded by reason of a suspected violation of I.C. 35-46-3 shall be deemed in protective custody and may not be released to its owner, except as permitted by and in compliance with the provisions of I.C. 35-46-3.
(Ord. 2019-3, passed 12-10-2019)