(A)   The Department shall be operated by the Director.
   (B)   The Chief of Police and the Director of the Department will be advised on matters of fiscal and operational decisions by a five member Commission. The Commission members shall each serve a three year term, terms to be staggered. No limit shall be set on number of terms a Commission member may serve. All members shall serve without compensation.
   (C)   Three of the Commission members shall be appointed by the Mayor and two Commission members shall be appointed by the Common Council. Initially the Mayor shall appoint one Commission member to serve two years, and one Commission member to serve three years. The Common Council shall appoint one Commission member to serve two years, and one Commission member to serve three years. The appointments shall be based upon interest in and knowledge of animal care and control and not upon political affiliation.
   (D)   The first meeting of the Commission shall be convened by the Director. The Commission shall elect a Chair, Vice-Chair, and Secretary from among its members.
   (E)   The Commission shall meet monthly or as otherwise determined by majority vote of the Commission and upon special call by the Chair or the written request to the Chair by any three members. The Commission shall adopt rules and regulations as may be necessary or appropriate in its judgment to carry out the provisions of this chapter and the laws, rules and regulations to which the Commission is subject.
   (F)   Three members of the Commission shall constitute a quorum for conducting business.
   (G)   In the event of vacancy on the Commission for any reason, such vacancy shall be filled by the original appointing body for the unexpired term only and shall be subject to the provisions of this section.
   (H)   The Director shall have the following duties and powers:
      (1)   To oversee the enforcement of all city ordinances and state laws regarding animal care and control.
      (2)   To maintain and operate the Department's facilities or shelters which have been designated for the humane sheltering or protection and disposition of animals in the custody of the Department.
      (3)   To purchase all materials and equipment required for the proper and efficient performance of the field services and the services provided at the Department's facilities consistent with the cities duly established purchasing procedures.
      (4)   To oversee the retrieval and delivery to the Department of all unwanted animals, all animals not restrained, and all sick, diseased, injured, lost, stray, stolen or abandoned animals. Those animals whose owners so request may be promptly euthanized at the Department; provided however, the Department reserves the right to refuse to accept an animal(s) with a euthanasia directive if such animal(s) appears to be physically healthy and behaviorally sound. In addition, any animals exhibiting symptoms of ill health which could pose a health hazard to other animals or humans and any animals whose injuries prevent the animal from resting comfortably for a minimum of three working days may be euthanized immediately upon authorization by the Director or his/her authorized agent. All other animals shall be kept at the Department or location designated by the Director or his/her designated agent for a minimum of three working days to provide the owner the opportunity to claim the animal(s). Animals may receive preventative care and/or treatment to reduce disease prevention and population health. Following such period, unclaimed animals may be placed in a suitable home, retained at the Department, released to an accepted rescue organization, transferred to an animal welfare organization, or euthanized. Animals relinquished to the Department by their owners or impounded and not claimed within the prescribed time become the property of the Department, which shall determine the disposition of such animal.
      (5)   To enter upon public and private property in the city in pursuit of animals which are believed to be associated with a violation of this chapter. However, such authority does not extend to the interior of a privately owned structure without the consent of the individual who owns or occupies such premises or without appropriate legal process or authority. An animal(s) pursued and secured under this section may be confiscated and held by the Department pursuant to its rules and regulations. If an animal(s) is confiscated without the knowledge or consent of the owner, harborer or occupant of the premises, a notice containing the Department's address and telephone number shall promptly be affixed to an obvious location on said premises directing the owner, harborer, or occupant to contact the Department.
      (6)   To cause to be retrieved and disposed of all deceased Animals found on a street, sidewalk or other public place or way.
      (7)   To cause to be investigated all reports and complaints concerning any inhumane treatment or practices pertaining to animals. To cause to be impounded at the Department or suitable locations designated by the Department all animals found in conditions adverse to their health and safety.
      (8)   To enter into contract with any municipalities or governmental units or person(s), for the collection, transportation, sheltering and disposal of sick, diseased, injured, not restrained, lost, stray or
abandoned animals; provided that no such services be extended by the Department outside the city except under written contract with the unit or person, and at a charge based upon the actual cost of such services, including overhead. No such contract shall be effective except upon the approval of the Mayor, the ratification by the Common Council, and the approval of the City Attorney as to form and legality and delivery of services.
      (9)   To employ all personnel necessary for the efficient performance of the duties required by the Department.
      (10)   To prepare and submit an annual operating budget to the Common Council through the City Controller, after review and comments of the Commission.
      (11)   To submit to the Mayor and to the Common Council, no later than March 31, of each year, a report of the Department's activities and operations for the prior year.
      (12)   To establish reasonable fees to be charged to and collected from persons reclaiming and adopting animals. Such fees to be adopted only after approval by the Director and submission to the Mayor and Common Council for approval and ratification.
      (13)   To provide that all dogs and/or cats released for adoption shall be spayed or neutered, implanted with an electronic microchip, and to provide for a program to monitor said spay/neuter and microchip program.
      (14)   Any violations of the Department's animal adoption contract or foster to adopt contract shall result in impoundment of the animal(s). Return of the animal(s) to the adopting party will be at the discretion of the Department.
(Ord. G-23-18, passed 9-25-18)