(A) Capture. Any animal may be captured and impounded by any peace officer if the animal:
(1) Is a menace to persons or other animals;
(2) Is suffering, or is reasonably suspected to be suffering, from an infectious or contagious disease;
(3) Causes serious annoyance or disturbance to persons in the neighborhood by habitual howling, yelping, barking, meowing, or otherwise;
(4) Is kept in an unsanitary manner thereby causing odors which are annoying and disturbing to the persons in the neighborhood;
(5) Is treated by the owner or other in a cruel and inhumane manner;
(6) Is found to be an abandoned animal;
(7) Is required by court order to be captured and impounded; and/or
(8) Is otherwise provided for and required by this chapter.
(B) Care of impounded animals. All animals impounded shall be given proper care, food, and medicine until disposed of or released as hereinafter provided. The shelter keeper, or his or her assistant, shall make a record in a book kept for such purposes of the breed, color, size, and sex of the animal, the name and address of the owner or keeper of the dog, and any other facts serving to identify the dog; the record shall be open to public inspection.
(C) Redemption and sale of impounded animals: destruction of diseased animals.
(1) If the person owning, keeping, or harboring the animal which has been impounded notifies the shelter keeper within five business days of his or her claim to the animal, the shelter keeper shall permit the person to redeem the animal after paying the county penalties, as described in § 94.99, and the costs of sheltering and maintaining the animal (to be computed at the current rate of care and fees in the shelter) during which the animal was impounded. Valid documentation of up-to-date rabies vaccination must be presented for release of animal along with paid receipt of fines imposed. (See I.C. 35-46-3-1, harboring a non-immunized dog.)
(2) (a) Licensed/owned/identified dogs shall not be redeemed by other than the owner until the expiration of five business days past the impoundment.
(b) In the event that the owner does not redeem his or her animal during the five business day period previously set forth, the animal becomes the property of the shelter and may be adopted to anyone upon paying the shelter and maintenance fees, plus surgically rendered incapable of reproduction (if not previously completed) before the release of the animal.
(c) The cost will be at the new owner’s expense.
(3) Any animal impounded, unidentified, and not claimed by a proven said owner within the five business day period may be managed by shelter personnel for determination of adoptability (intact animals without proper kennel licensing must be spayed or neutered at the expense of the new owner, or a deposit to cover the cost of the animal to be spayed or neutered must be paid, before the release of the animal from the shelter), or humanely destroyed by euthanasia.
(4) (a) Any animal that appears to be suffering from infectious or debilitating diseases or deemed a rabies suspect shall not be released, but shall be humanely destroyed.
(b) If the animal is deemed a rabies suspect, the remains will be disposed of in a manner according to Rabies State Control Guidelines, including instructions if human exposure is suspected.
(Ord. 2016-08, passed 12-19-2016) Penalty, see § 94.99