(A) Grounds for impoundment. Any law enforcement officer or animal control agent may immediately capture and impound any of the following animals:
(1) Any at large animal;
(2) Any stray animal;
(3) Any wolf hybrid or coydog;
(4) Any unattended animal that is ill, injured, or otherwise in need of emergency care;
(5) Any animal that is reasonably suspected of having rabies;
(6) Any unattended animal that is exhibiting aggressive or dangerous behavior and is not sufficiently confined to the property of its owner;
(7) Any animal that a law enforcement officer or animal control agent has probable cause to believe is a dangerous animal; or
(8) Any animal that a law enforcement officer or animal control agent has probable cause to believe has been the subject of or involved in a violation under I.C. 15-20-1-4 or I.C. 35-46-3.
(B) Actions to prevent harm to individuals or other animals. If any animal is found at large and cannot be safely captured, a law enforcement officer may seek assistance from an animal control agent, or take other action deemed appropriate, including tranquilizing or killing such animal, to prevent serious bodily injury to individuals, or severe injury to domestic pets or domestic livestock.
(C) Identification of impounded animals; notice to owners.
(1) Any animals which are impounded pursuant to this chapter shall be scanned or examined by the animal control facility for a microchip, collar tag or other identification containing the owner’s name, address and/or phone number, unless doing so presents an unreasonable risk of serious bodily injury to an animal control agent.
(2) If an impounded animal’s owner can be identified, the animal control facility shall notify the owner by the end of the next business day that the animal has been impounded, and that unless the animal is claimed by the owner within five days from the date of impoundment, the animal may be placed for adoption or humanely euthanized. Notwithstanding the foregoing, in the case of a second or subsequent impoundment, the impounded animal may be placed for adoption or humanely euthanized if not claimed within three days after the owner is notified.
(3) Stray animals without any means of identification of their owners shall be held at the animal control facility a minimum of three days in order to permit an owner adequate time to reclaim them. A Stray animal which is unclaimed after having been impounded for three days may be placed for adoption or humanely euthanized, except that the stray shall be euthanized if it is a dangerous animal.
(D) Release from impoundment.
(1) A non-dangerous animal may be returned to its owner if the following conditions are met:
(a) Costs of impoundment. The owner of an impounded animal shall be responsible for all costs of impoundment, and must pay such costs in full prior to the animal’s release from impoundment;
(b) Microchip implantation. Prior to the return to its owner of any impounded dog or cat which at the time of impoundment did not bear a microchip, collar tag or other means of identification, the animal control agency shall cause a microchip with a registered identification number to be implanted in the dog or cat at the owner’s expense. The animal control agency shall be entitled to retain the dog or cat until the microchip implantation fee is paid;
(c) Payment of county option dog tax. No dog impounded pursuant to this chapter shall be released to its owner until the owner presents proof of payment of all applicable county option dog taxes with respect to such dog. Any dog so impounded shall be considered unclaimed until such tax is paid;
(d) No dog or cat impounded pursuant to this chapter shall be released to its owner until the owner either presents proof that the animal is spayed or neutered, or otherwise altered to prevent it from procreating, or makes representation that the animal shall be spayed/neutered within a time period specified by the animal control officer, and provides proof thereafter;
(e) Proof of rabies vaccination. No dog, cat, or ferret three months of age or older impounded pursuant to this chapter shall be released to its owner until the owner presents proof of current rabies vaccination; and
(f) Payment of fines. No animal impounded pursuant to this chapter shall be released to its owner until the owner pays all fines and costs imposed by this chapter.
(2) The return of a dangerous animal to its owner is governed by § 91.12 of this chapter.
(E) Treatment or euthanizing of sick or injured animals. The animal control facility shall have authority to take whatever action is reasonably necessary, including humane euthanization, to deal with a sick or injured animal, to prevent unnecessary suffering of the animal, or to prevent the spread of communicable diseases. Nothing in this chapter shall limit the animal control facility’s ability to take whatever action is reasonably necessary to provide veterinary care by a veterinarian for a sick or injured animal.
(Ord. 18-2011, passed 8-22-11)