(A) In general. Any animal found being mistreated or kept under unsanitary or inhumane conditions, as provided in § 95.10; any animal found to be a public nuisance, as provided in § 95.07; or any dog or cat found to be not wearing a currently valid rabies vaccination tag off the owner's property as required shall be seized, impounded, and confined by a law enforcement officer and confined in the Henderson County Animal Services Center in a humane manner. Impoundment of such animal shall not relieve the owner thereof of any penalty which may be imposed for violation of any provision of this chapter occurring prior to the date of the impoundment.
(B) Notice to owner. Immediately upon impounding an animal, the Chief of Police or his designee, shall make reasonable efforts to notify the owner and inform such owner of the conditions whereby the animal may be redeemed.
(C) Redemption by owner. The owner of an animal impounded under this chapter may redeem the animal and regain possession thereof in accordance with the rules and fees set by the Town Council in the policies for operation of the Henderson County Animal Services Center and by complying with all applicable provisions of this chapter and by paying all fees and civil penalties due. Fee rates shall be available for public inspection in the office of the Clerk to the Henderson County Board of County Commissioners and at the Henderson County Animal Services Center. The owner of the impounded animal shall be liable for the daily cost of impoundment to the Henderson County Animal Services Center, as established in the fee schedule. The owner must have proof of current rabies vaccination or purchase a rabies vaccine voucher. The owner of any dogs and cats impounded for running at large in the county without a microchip or those impounded for mistreatment must purchase a voucher for microchip installation prior to release at the owner's expense unless there is a pending criminal action in the matter. All fees and expenses must be paid prior to the release of the animal. Animal and owner must be in compliance with state and federal law prior to redemption.
(D) Adoption or euthanasia of unredeemed dog or cat.
(1) If any impounded stray dog or cat or abandoned animal is not redeemed by the owner within 72 hours of impoundment, then such animal may be offered for adoption or destroyed in a humane manner. Animals that are voluntarily turned over to the Henderson County Animal Services Center by the owner may be adopted or if adoption attempts are unsuccessful within a reasonable period (or immediately if in the opinion of the Henderson County Animal Services Director adoption efforts would be fruitless or in violation of this chapter), are subject to euthanasia.
(2) No animal owner may be permitted to claim his/her animal under the provisions of this section unless and until he/she shall comply with the provisions of the policies of the Henderson County Animal Services Center.
(E) Suspected rabid dogs or cats are not to be redeemed or adopted. Notwithstanding any other provision of this chapter, dogs or cats impounded which appear to be suffering from rabies shall not be redeemed or adopted but shall be dealt with in accordance with G.S. Chapter 130A.
(F) Final disposition of all unclaimed animals shall be arranged for by the Henderson County Animal Services Director. The Henderson County Animal Services Director or designee shall retain sole authority to determine the final disposition of each animal in (its) custody once that animal becomes the property of the County of Henderson and shall not place any animal for adoption that is classified in this chapter as prohibited.
(G) The Henderson County Animal Services Center will not adopt out any animal that demonstrates or has demonstrated aggressive behavior or any animal that appears to be unhealthy.
(Ord. O-17-16, passed 11-13-2017)