(A) The Police Department or any other person designated by the Chief of Police may seize and impound any dog straying unlawfully or kept in violation of this section, and further it shall be the duty of the Police Department or designated person to humanely handle and if necessary, dispose or destroy the animal in a humane manner. However, if the owner of the animal is known, they shall be notified and if the owner or designee appears within 120 hours of the sending of the notice and produces proof to the satisfaction of the Police Department or any other person designated by the Chief of Police that the release of the dog will not result in a future violation of this section, the dog shall be turned over to the owner thereof after payment of all fees to the designated city's animal shelter. Absent exigent circumstances, such as to prevent an immediate threat to the health, safety and welfare of the public, any seizure of animals on private property shall occur only in conformity with the Fourth Amendment of the United States Constitution including but not limited to obtaining a warrant from a judge or magistrate prior to the seizure of the animal. The Police Chief shall ensure that the Department has access to the appropriate materials for any and all warrant applications in order to expedite any such warrant requests.
(B) The operator of the animal shelter will maintain a record on each identifiable dog acquired, indicating a basic description of the animal, the date it was acquired and under what circumstances. The record shall also indicate the date of notice sent to the owner of an animal and subsequent disposition.
(C) Any dog impounded as a stray and subsequently transported to the city's designated animal shelter shall be micro-chipped prior to return to their owner, if not already done so prior. All fees shall be charged to the owner upon recovery of the dog. This does not apply to dogs returned to the owner prior to their arrival at the animal shelter.
(D) This section does not apply to feral or community cats.
(E) This section does not apply to animals which are sick or injured to the extent that the holding period would cause undue suffering, or to animals whose owners request immediate disposal. Dogs or cats acquired, having been exposed to rabies, or any dog or cat that has bitten a person or other animal, shall be kept until the time and under conditions as may be required by the Police Department.
(Ord., passed 11-22-2022) Penalty, see § 90.999