(A) Any law enforcement officer or animal control agent may immediately pick up and impound any of the following animals:
(1) Any animal at large;
(2) Any unattended animal that is ill, injured or otherwise in need of emergency care;
(3) Any animal that is reasonably suspected of having rabies; or
(4) Any unattended animal that is exhibiting aggressive or dangerous behavior and is not sufficiently confined to its own property.
(B) Any law enforcement officer or animal control agent with probable cause may impound the animal involved under I.C. 35-46-3-6 (Impoundment of Animals):
(1) For which there has been a violation under I.C. 15-20-1-4 (Dog Bite Liability; Criminal Offense); or
(2) For which there has been a violation under I.C. 35-46-3 (Offenses Relating to Animals).
(C) If any dangerous animal is found at large and cannot be safely captured, a law enforcement officer may seek assistance or take action deemed appropriate, such as tranquilizing or killing the animal to prevent harm to individuals.
(D) If stray animals are picked up by or turned in to an animal control facility, they shall be scanned by the animal control facility for an identifying microchip unless doing so presents an unnecessary hazard to the animal control agent. The animal’s owner shall be notified by the end of the next business day of the animal control facility if identified. If an animal is bearing any other identification containing the owner’s address and/or phone number, the animal control facility shall notify the animal’s owner by the end of the next business day of the animal control facility.
(E) (1) If an animal bearing no identification or microchip is picked up or turned in to an animal control facility, and the owner’s information is contained in the animal control facility’
(2) This process shall only apply for first time occurrences. On any subsequent occurrence, an impounded animal shall be kept for no fewer than five days to permit the owner to claim it. After the fifth day, if the owner has not claimed the animal and paid the required fees, the animal may be placed for adoption or humanely euthanized.
(F) Stray animals without any means of identification of their owners will be held at the animal control facility a minimum of three days in order to permit any potential owner adequate time to reclaim them.
(G) 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.
(H) Nothing contained herein 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.
(I) Any animal taken into an animal control facility, if not reclaimed by its owner as provided for herein, may be placed for adoption or placed with an animal rescue organization, and, if not adopted by the public or placed with an animal rescue organization, may be humanely euthanized.
(Ord. 09-396, passed 12-7-2009) Penalty, see § 90.99