§ 91.049 CONFISCATION OF VICTIMIZED ANIMAL.
   (A)   Any animal found involved in a violation of any portion of this chapter may be seized by any Animal Control Officer and placed in the animal shelter.
   (B)   The Animal Control Officer or peace officer shall present a report with the reasons for taking custody of the animal to the judge of the Clarksville Town Court, who shall determine whether the animal should continue to be kept at the animal shelter or returned to the owner or person having control of the animal. The court shall set an immediate hearing with notice to the owner or person having control of the animal to determine whether custody of the animal should continue.
   (C)   Upon a hearing before the Town Court Judge, and that Judge finding probable cause for the charge, the court shall order the animal to be held or continue to be held by the Clarksville CACO and shall further order the owner, within 24 hours of such finding, to post a cash bond with the court equal to the cost of care of the animal(s), including all estimated boarding and veterinary fees designated by the Shelter for the first 30 days of its impoundment. During the pendency of court proceedings against the owner of a victimized animal, an animal being held under this division (B) shall not be transferred out of the custody of Shelter, nor destroyed except for humane reasons upon certification by a veterinarian that destruction is necessary.
   (D)   Upon a plea or finding of guilt, the cash bond shall be immediately paid to the Town Court to pay for the costs of boarding and veterinary fees. Any portion of the posted bond that has not been encumbered by daily costs at the time of the pleas or finding of guilt shall be returned to the owner. Upon conviction, all animals being held by the Shelter pursuant to division (C) herein above shall become the property of the Shelter.
   (E)   If, within 30 days of the bond being posted pursuant to division (C), the owner is found not to have violated this chapter, the owner shall be refunded any daily fee for the days the animal was not actually held by the Shelter. The owner shall also be responsible to pay all costs of care from the date of the impoundment until the time of the first hearing and the posting of the initial bond, as well as any other associated expenses not covered by the daily boarding fee(s).
   (F)   Upon final dismissal of the charge against the owner, the owner shall reclaim the animal within seven days of the dismissal, or the animal shall be forfeited to CAC.
(Ord. 2020-G-3, passed 6-16-20)