(A) Grounds for impoundment. Any dangerous animal, any animal causing a public nuisance in violation of this chapter, or any animal that is not tagged may be captured and impounded.
(B) Notice to owner.
(1) Upon the impoundment of an animal, a reasonable attempt shall be made to notify and inform the owner of the animal of the requirements of this subchapter for regaining the custody of the animal.
(2) Such attempt shall include, but not necessarily be limited to, the following: contact with the veterinarian facility listed on the animal’s vaccination tag if attached to animal’s collar.
(C) Report of impoundment. A person who confines an animal found by that person to be at large in the town shall notify the Department of Animal Control within 48 hours thereafter.
(D) Return of captured animal without impoundment. When the owner of a captured animal is known, such animal need not be impounded, but may be returned to its owner if, in the opinion of the Department of Animal Control, the return would not present a danger to the public or otherwise result in a violation of this subchapter.
(E) Return of impounded animal to owner.
(1) An animal impounded under this division (E), if claimed by its owner, shall be returned to its owner subject to, and upon compliance with, the provisions of this section.
(2) The owner of an impounded animal may obtain the return of such animal upon compliance with any applicable provisions the New Albany and Floyd County Animal Control and Shelter may impose, including proof of ownership, the payment of the appropriate impoundment and kennel fees as regularly charged by the New Albany and Floyd County Animal Control and Shelter, and a $25 animal control fee payable to the Department of Animal Control.
(3) Notwithstanding any other provision of this subchapter, an animal which has been impounded as a wild or dangerous animal, or which has been impounded on two or more prior occasions, or which has bitten or otherwise caused injury to person or property shall be returned to its owner only if the Department of Animal Control in its discretion determines that such return will not result in further ongoing violations of these ordinance.
(4) If such a determination cannot be made, or if the animal has been declared wild or dangerous, the Department of Animal Control then shall send notice to the owner of its intent to have the animal disposed of.
(F) Use of owner-surrendered or impounded animal for research prohibited. No animal surrendered by its owner or impounded under this section shall be used or disposed of for purposes of research or experimentation by use of the animal.
(Ord. 2010-T-056, passed 8-30-2010) Penalty, see § 90.99