The Animal Control Officer, police officers, community service officers, or other person or persons designated by the Council may impound any animal found, or, by complaint of the city, believed to be, in violation of this section.
(A) Notice. If the identity of the owner of an impounded animal is known, the impounder of such animal shall notify such owner as soon after such impounding as is reasonably possible. If the identity of the owner of an impounded animal is not known, the impounder of such animal, within 24 hours of such impounding, shall file an impounding notice describing the animal and stating the date and place where it was seized. Such notice shall be filed at the animal pound, if any, and the city’s Police Department.
(B) Redemption. Any animal impounded for a reason other than rabies observation or for biting a person in violation of § 90.08 may be redeemed from the animal pound by its owner within ten days of impounding by paying to the city the redemption fees in the amounts set forth herein, and a license fee if the animal is required to be licensed and is unlicensed. The Police Department shall release any redeemed animal to its owner.
(C) Animal disposal. The Animal Control Officer may dispose of any animal either alive or deceased upon:
(1) The request of its owner;
(2) The payment to the city of a fee in the amount set forth herein or as from time to time set by the city; and
(3) The receipt by the city of a liability release signed by such animal’s owner.
(D) Disposition of unredeemed animals.
(1) Any animal not redeemed within ten days after impounding may be sold at a reasonable price which shall be not less than the amount of fees which the owner would have to pay to redeem the animal. During the three-day period preceding such a sale of an animal, other than a dog or a cat, a notice of the time and place of such sale shall be posted by the Animal Control Officer in at least three conspicuous places within the city and at the animal pound. If the animal is not sold on the date set forth on such notice, the city may sell the animal as soon thereafter as possible without further notice. The proceeds of the sale shall be applied first to the payment of the expenses of impounding and selling the animal and the balance shall be placed in the General Fund.
(2) Any animal not redeemed within ten days after impounding and not sold as provided herein shall either be painlessly disposed of or surrendered for research purposes to any educational or scientific institution licensed pursuant to state law.
(E) Objection by owner; court order.
(1) Any owner may object to the impounding or disposition of the animal by signing and filing an objection with the city within five days after the action objected to was taken. Within 20 days after impounding of an animal, if the animal is not redeemed or if the city is unable to reach agreement with the owner regarding the keeping of the animal in a manner consistent with the provisions of this section, the city may bring an action in the appropriate court by serving on the owner a complaint setting forth the violation of this section which caused the city to take action.
(2) The court may then order:
(a) The return of the animal to its owner with or without payment of redemption fees by the owner;
(b) The disposal, destruction, or sale of the animal;
(c) If the animal has been improperly disposed or sold, the payment to the owner of the reasonable value of the animal;
(d) Imposition on the owner of the same penalty as that for commission of a misdemeanor; or
(e) Any two or more of the foregoing or any other remedy the court determines just and proper.
(3) When an objection has been filed with the city, the city shall not dispose of or sell the animal referred to in the objection if it is still in the pound, but shall within ten days after filing of such objection, either return the animal to the owner, without liability on the owner’s part for any fees, or keep it, pending agreement with the owner or order of the court as provided above. If the animal has been disposed of or sold without a court order, the city after such filing shall either pay to the owner the reasonable value of the animal or begin the action described in this division (E).
(Prior Code, § 12.4)