(A) Authority to seize animals. In addition to any other authority or procedure authorized by this subchapter or by any other law to seize an animal, the animal control officer shall have the authority to summarily seize any animal from premises when the animal control officer determines that the animal in the surrounding circumstances is dangerous to the public safety or public health. Upon summarily seizing an animal, the animal control officer shall provide the owner with a written order of seizure. When livestock found off their owner’s property are seized, reasonable efforts shall be made to identify and notify the owner of the livestock.
(B) Obligation of owner to comply with seizure order. When the animal control officer serves the
owner with a written order of seizure, it shall be unlawful for the owner to fail to comply with the order or to interfere with the animal control officer. A sworn law enforcement officer shall accompany the animal control officer to seize the animal.
(C) A challenge to the seizure order. If the owner wishes to challenge the seizure order, then the owner must submit in writing the basis of the challenge within ten days of the seizure of the animal, not counting the day of seizure of the animal. The challenge must be directed to the Animal Control Board and filed with the Health Director. The Board is authorized to hear and decide the challenge to the seizure order in the same manner as provided for in § 91.20 of this subchapter.
(D) Owner’s redemption of animal. The owner is entitled to redeem the animal, unless the animal shelter retains the animal upon some other basis of legal authority, by paying all applicable costs and boarding fees, and complying with any outstanding orders of the animal control officer.
(E) Termination of owner’s rights. If an owner fails to comply with the requirements that constituted the basis for seizing the animal, or fails to reclaim the animal within any applicable time period, then the animal control shelter shall have the authority to humanely destroy the animal or place the animal for sale to the public, or to place the animal with a local humane society for future placement through the humane society.
(F) Release of ownership of animal. If an owner wishes to release ownership of an animal to Polk County, the owner may do so by signing a release form indicating they understand the animal may be euthanized if not adopted or if in the discretion of the animal control officer, the animal is un-adoptable.
(Ord. passed 9-16-2021) Penalty, see § 91.99