(A) Any public health officer, law enforcement officer, licensed veterinarian or officer or agent may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals, as defined by § 91.04; provided that entry upon private property shall only be accomplished with the assistance of a law enforcement officer. Such officer, agent or veterinarian may inspect, care for, or treat such animal or place such animal in the care of a licensed veterinarian for treatment, boarding or other care or, if such veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane destruction.
(B) The owner or keeper of an animal destroyed pursuant to division (A) of this section shall not be entitled to recover damages for the destruction of such animal unless the owner proves that such destruction was unreasonable and unwarranted.
(C) Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to division (A) of this section pending prosecution of the owner or keeper of such animal for the crime of cruelty to animals as defined in § 91.04 shall be assessed to the owner or keeper as a cost of the case if the owner or keeper is adjudicated guilty of such crime.
(D) If a person is adjudicated guilty of the crime of cruelty to animals as defined in § 91.04 and the court determines that such animal owned or possessed by such person would be in the future subject to any cruelty to animals, such animal shall not be returned to or remain with such person. Such animal may be turned over to a duly incorporated humane society or licensed veterinarian for sale, adoption or other disposition.
(E) Unless the animal obtained pursuant to this section is the evidentiary subject of a pending prosecution, the owner or keeper of the animal shall have a maximum of five days after the animal is taken into custody to obtain the animal from the Jo Daviess County Animal Control (or the Humane Society facility with which animal control may contract) having custody of the animal. The Jo Daviess County Animal Control shall notify the owner or keeper of the animal, if known or reasonably ascertainable. The failure of the owner or keeper to obtain custody of the animal in the time provided shall provide the authority for the animal to be disposed of by the Jo Daviess County Animal Control (or the Humane Society facility with which animal control may contract) by adoption or destruction. All costs for care of the animal until returned to the owner or keeper shall be paid by the owner or keeper at the time the animal is picked up.
(F) Violation of § 91.04 shall be a municipal offense and upon conviction, the defendant shall be fined a minimum fine of $100 and a maximum fine of $750 per offense.
(Ord. O-10-20, passed 6-14-10)