It is the duty of the animal control officer or other authorized persons to take into possession any animal that may be running loose upon the streets, curbing, alleys, public places or trespassing upon the lands of any person within the corporate limits of the city, and impound such animal; except that domestic dogs shall be allowed to run without a leash in dog park(s) designated by the city of Grove. (Ord. 643, 5-15-2012; amd. Ord. 649, 7-17-2012; Ord. 658, 10-16-2012)
A. Domestic Animals: Impounded animals shall be kept for not less than five (5) working days.
1. If by a license tag or other means, the owner of an impounded animal can be identified, the animal control officer shall immediately upon impoundment notify the owner.
2. An animal so impounded shall be released to the owner or person entitled to the possession thereof upon payment of a fifteen dollar ($15.00) fee plus five dollars ($5.00) per day for each day of impoundment.
3. Any animal not reclaimed by its owner within five (5) working days shall become the property of the local government authority, or humane society, and shall be placed for adoption to a suitable home or humanely euthanized. No animal shall be adopted without being vaccinated for rabies and spayed or neutered. The only exception to being spayed or neutered shall be if the animal is being used for breeding purposes, at which time the owner must sign an affidavit to such effect.
B. Agricultural Animals:
1. If the owner of any agricultural animal such as horse, cow, mule, hog, sheep, goat or other animal of similar kind does not procure the release of such animal within twenty four (24) hours after impoundment, the animal control officer shall cause a description to be posted at city hall or police office, and if the owner or person entitled to the possession of such animal is known, notice shall be given to him, notice shall give the color, sex, and description of the animal impounded and shall state that the animal will be sold, unless it is released from impoundment on a date not less than five (5) days from the date the notice is posted or given as herein provided.
2. If the owner or person entitled to the possession of any agricultural animal impounded under this section is unknown, or if known and he fails, refuses, or neglects to release such animal for impoundment after the service of notice as provided for in this section, after the expiration of the time fixed by the notices provided herein, the police shall cause a notice of sale of such animal to be published in the newspaper within the city for a period of not less than ten (10) days, giving the description of the animal to be sold and the date, time, and place of the sale. If such animal is not released from impoundment by the owner or person entitled to the possession thereof prior to such date, the police shall sell the animal to the highest bidder for cash, and the buyer shall thereafter have complete title to such animal.
3. From the proceeds of the sale of animals sold under this section, there shall be first paid the cost of feeding of the animals and the cost of publishing the notice of sale. The residue shall be paid into the office of the city treasurer and placed to credit of the general fund.
C. Vicious Animals:
1. It shall be the duty of the animal control officer or designated representative upon receipt of a verified complaint, to cause the animal involved to be impounded pending a vicious animal determination as required by this section. The owner shall immediately surrender possession of the animal when presented with a copy of the complaint. Each day that the owner fails or refuses to allow the animal control officer or his designated representative to impound an animal shall be a separate offense. Any and all expenses associated with the impoundment, including costs of shelter, food, handling, and veterinary care, shall be borne by the owner of such animal during impoundment.
2. Upon receipt of a verified complaint, the animal control officer or his designated representative shall promptly hold a hearing to determine if an animal shall be declared vicious or dangerous. The verified complaint may be filed by a citizen, a police officer, or an animal control officer, and shall clearly state the facts and circumstances surrounding determinations at the hearing:
a. That the animal is in fact not vicious. In that event, the animal control officer shall cause it to be surrendered to the owner;
b. That the animal is in fact vicious and should be destroyed;
c. That the animal is vicious, but that for good cause shown, the animal should not be destroyed. In that event, the animal control officer shall order the animal permanently removed from the city limits.
3. The owner may appeal the determination of the animal control officer to the municipal court by requesting a hearing within five (5) days of the determination. The municipal judge shall hold a hearing de novo within ten (10) days of the impoundment to determine if the animal is vicious as defined by this chapter and shall be empowered to make a determination based upon this section.
D. Dead Animal Disposal: Dead animals may be picked up from residences by the animal control officer upon payment of a twenty five dollar ($25.00) fee.
If the owner of a dead animal brings the animal to the shelter and they reside in the city limits of Grove, a fee of twenty dollars ($20.00) will be assessed. Owners shall sign an impoundment card releasing custody of the deceased animal to the city. Once the animal is released to the city, the animal becomes the property of the city and may be disposed of.
If a private cremation is requested a fee of twenty five dollars ($25.00) for small animals, fifty dollars ($50.00) for medium animals and a fee of seventy five dollars ($75.00) for large animals will be assessed.
Sick, injured, aggressive, or nonadoptable animals may be humanely destroyed by the animal control officer at the owner's request; provided the owner signs an impoundment card releasing custody of the animal to the city, upon payment of a twenty dollar ($20.00) destruction fee and upon proof of veterinarian treatment and/or recommendation. (Ord. 643, 5-15-2012; amd. Ord. 649, 7-17-2012)