A. An animal protection officer may take up and impound in any designated animal protection facility stray animals or livestock or any animal or livestock kept or maintained contrary to the requirements of this Code. An animal protection officer may go upon private property to seize and impound an animal unless permission to make such entry is explicitly refused by the owner or occupant of the property. If consent to enter the property is refused by the owner or occupant, the officer may obtain a warrant pursuant to the procedures set forth in section 5-3-10 of this chapter. An officer may not enter a private building or residence to seize and impound an animal without the explicit consent of the owner or occupant or without obtaining a warrant.
B. An impounded animal shall be confined in accordance with the City's regulations. An animal protection officer that impounds an animal pursuant to this section shall make all reasonable efforts to identify the owner of the animal and provide written notice of the facts that justified the impoundment of the animal.
C. The owner shall be responsible for all impound fees, boarding fees and other costs whether or not the animal is reclaimed.
D. Reclaim of animal and payment of fees or presentment of valid permit does not waive prosecution for violations under this chapter.
E. The owner shall be required to pay impound fees as set by resolution of City Council from time to time to reclaim an animal.
1. Canine hybrid will not be released unsterilized.
2. Owner must provide proof that they possess a current City license (or proof of nonresidency) and rabies vaccination for the animal.
F. A sterilized dog with current rabies vaccination, current City license, and a microchip may be reclaimed without owner being cited for running at large once each calendar year. Owner shall be responsible for impound and boarding fees.
G. Except for livestock, any animal which is not reclaimed within five (5) days becomes the property of the City and may be placed for adoption or humanely destroyed in accordance with City's policy and procedures.
H. When livestock is impounded by an animal protection officer, a notice of the description of any such livestock will be posted in the local newspaper for five (5) days and any livestock not reclaimed by the owner within five (5) days shall become the property of the City. The Animal Control Division is authorized to place the unclaimed livestock for adoption or with an approved livestock rescue.
If the animal is claimed, proof of ownership will be required and owner shall be responsible for all impound fees, boarding fees and medical costs, if any. The Animal Control Division may require inspection of enclosures for livestock prior to reclaim.
1. Adoption of horses or cattle may be done after submitting a sealed bid to the Animal Control Division.
2. Adoption of all other livestock may be done after paying an adoption fee to the Animal Control Division.
I. A cruelly treated animal that has been impounded pursuant to section 5-3-10 or an animal that has been impounded pursuant to section 5-3-37 due to the failure of the owner to provide adequate care or maintenance shall not be returned to the owner until there has been dismissal of criminal charge(s) by the City, a decision by the City not to pursue criminal charges, or a dismissal of the criminal charge(s) by the court. An animal that has been impounded pursuant to section 5-3-49 as a vicious animal shall not be returned to the owner unless there is a determination by the Animal Control Division Supervisor or a Hearing Officer or City Council that the animal is not vicious. An animal that has been impounded pursuant to section 5-3-50 as a dangerous animal shall not be returned to the owner until a dangerous animal permit has been obtained or there is a determination by the Animal Control Division Supervisor or a Hearing Officer or City Council that the animal is not dangerous. An animal that has been impounded for observation pursuant to section shall not be returned until the observation period has expired.
J. The Supervisor shall maintain, for a reasonable period of time or as required by law, a record of all animals impounded. At least the following information shall be included:
1. Complete description of the animal;
2. Manner and date of its acquisition;
3. Date, manner, and place of impoundment;
4. Impoundment number;
5. Date, manner, and description of final disposition.
K. An owner, finder, or guardian relinquishing an animal shall be required to complete a release form at the time of impoundment.
L. An animal protection officer may take possession of a stray animal not wearing a current rabies tag, if required, who is deemed critically injured or critically ill for euthanizing.
M. Whenever an animal protection officer finds that any animal is or will be without adequate care because of injury, illness, incarceration or other absence of the owner or person responsible for the care of such animal, the officer may take up such animal for protective care. The owner of the animal may reclaim the animal after paying all required fees and costs imposed by the City. If the animal is unclaimed at the end of the protective custody period, the animal will become the property of the City and may be placed for adoption, be humanely destroyed or otherwise disposed of by the City. (Ord. 2017-10, 12-12-2017; amd. Ord. C2021-1, 5-11-2021)