§ 90.11 IMPOUNDMENT AND VIOLATION NOTICE.
   (A)   Unrestrained dogs, public nuisance animals, vicious animals, or domestic animals found at large shall be taken by an Animal Control Officer, by any means necessary, and if restrained shall be impounded and confined in a humane manner.
   (B)   Impounded domestic animals, other than cats, shall be kept for five days. Seriously diseased, contagious, badly injured, or suffering animals, undomesticated cats, kittens less than six weeks old and litters of kittens under three months old may be humanely euthanized immediately at the discretion of the Animal Care and Control Authority. Animals displaying identification may at the discretion of the Animal Care and Control Authority be taken to a local veterinarian for treatment.
   (C)   If, by a license tag or other means, the owner of an impounded animal can be identified, the Animal Care and Control Authority shall attempt to notify the owner by telephone, mail, or by posting notice in a conspicuous place.
   (D)   The owner of an impounded animal shall pay a fee of $40, plus a fee determined by the Animal Care and Control Authority, for each day the animal has been impounded as well as any costs, including veterinary expenses incurred by the Animal Care and Control Authority during such impoundment, regardless of whether or not the animal is reclaimed.
   (E)   Any animal not reclaimed by its owner within five days of impoundment shall become the property of the Animal Care and Control Authority, and shall, at its discretion, be placed for adoption in a suitable home or humanely euthanized; provided, however, the Animal Care and Control Authority may sell farm animals and apply the proceeds of the sale to any purpose consistent with this chapter.
   (F)    In addition to, or in lieu of, impounding an animal found at large, the Animal Control Officer or law enforcement officer may issue to the known owner of such animal a notice of violation. Such notice shall impose upon the owner a penalty not to exceed $500 which may, at the discretion of the animal owner, be paid to any agency designated by the Animal Care and Control Authority within 72 hours in full satisfaction of the assessed penalty. In the event that such penalty is not paid within the time period prescribed, a criminal charging document shall be initiated before a District Court Commissioner, and upon conviction of a violation of this chapter, the owner shall be punished as provided in § 90.99.
   (G)   The owner of an animal impounded as a result of a violation of this chapter or any other law may also be prosecuted for the violation.
   (H)   An Animal Control Officer may apply to the proper court having jurisdiction for a mandatory injunction to place an animal deemed vicious in the custody of the Animal Care and Control Authority for public safety purposes until such time as there has been a hearing and all appeals have been exhausted.
(2004 Code, § 81-11) (Ord. 26, passed 1-21-1980; Ord. 26B, passed 10-30-1984; Ord. 02-23, passed 11-26-2002; Ord. 06-15, passed 11-28-2006) Penalty, see § 90.99