(A) (1) Any peace officer or dog control officer may impound a dog that is in violation of this chapter.
(2) The dog control authority shall impound a dog if the owner of the dog has net posted bail or paid a fine for a violation of this chapter imposed by the Municipal Judge. For any dog so seized the notice and disposition of the dog shall be in the same manner as for licensed dogs under the provisions of this chapter.
(3) Any person whose property has been trespassed upon by any dog in violation of this chapter may immediately apprehend that dog upon his or her premises and hold the dog until delivery to a dog control officer or to any peace officer. Any person who so impounds a dog must immediately notify the dog control authority of such impoundment.
(B) (1) The dog control authority shall keep any dog impounded for the period of time hereinafter specified. A daily record of such dogs shall be kept at the place of impoundment and shall be made available to the public. The dog control authority shall dispose of such dogs in accordance with the following provisions.
(a) An unlicensed dog or a dog for which the owner is unknown which has not been redeemed within 72 hours after impoundment may be sold or destroyed.
(b) A licensed dog or a dog for which the owner is known which has not been redeemed within 120 hours of notification of the owner by telephone contact or by mailing of impoundment notice may be sold or destroyed.
(2) Except as provided in division (B)(1)(a) above, the dog control authority shall notify the owner by telephone or by the mailing of an impoundment notice as soon as practicable after impoundment. The impoundment notice shall advise the owner of the place where the dog is kept, the procedures required for the redemption of the dog, the fees for the impoundment, daily care and redemption and the consequences of failure to redeem the dog.
(3) A dog owner whose dog is impounded as a vicious dog under § 90.31, within the period described in divisions (B)(1)(a) or (B)(1)(b) above, whichever is applicable, believing himself or herself aggrieved by the seizure and impounding of his or her dog, may apply to the Municipal Judge for the release of his or her dog, and the Municipal Judge shall thereupon set a time and place for hearing the application and notify the impounding officer, and, upon a summary hearing, the Municipal Judge shall have full power to determine whether the dog has been wrongfully impounded, and whether it shall be returned to its owner, and upon what terms.
(4) Notwithstanding the previous sections, any dog given to the dog control authority by the owner for disposal may be destroyed immediately or, in the alternative, sold to any person (dogs specifically requested by the owner to be destroyed shall be destroyed).
(C) (1) Redemption of an impounded dog shall be made by exhibiting satisfactory proof of ownership and by paying the following required fees and charges:
(a) Impoundment fee of $20;
(b) Daily care fee of $3.50 (per day maximum);
(c) License and rabies vaccination fees, if required; and
(d) Medical care fees, if required.
(2) Impounded dogs may be sold.
(3) When a dog is sold by the dog control authority, the purchaser shall pay any required license and rabies vaccination.
(4) No impoundment charge shall be made for a dog released after the municipal court’s determination that no violation occurred.
(5) No live dog shall be sold by the dog control authority for surgical or medical demonstration or vivisection.
(6) Except as otherwise provided, if after 120 hours an impounded dog cannot be sold, the dog control authority is authorized and empowered to destroy the dog by any humane method permitted under state law.
(Prior Code, § 90.21) (Ord. 259, passed 5-8-1979) Penalty, see § 90.99