The city police officers may impound any animal found, or, by complaint of the city, believed to be, in violation of this section.
(A) Notice. If the identity of the owner of an impounded animal is known, the impounder of such animal shall notify such owner as soon after such impounding as is reasonably possible. If the identity of the owner of an impounded animal is not known, the impounder of such animal, within 24 hours of such impounding, shall file an impounding notice describing the animal and stating the date and place where it was seized. Such notice shall be filed at City Hall.
(B) Redemption. Any animal impounded for a reason other than rabies observation or for biting a person in violation of Subsection 93 may be redeemed from the designated animal shelter by its owner within five business days of impounding by paying to the city the redemption fees in the amounts set forth in § 185 and a license fee if the animal is required to be licensed and is unlicensed. The Police Department shall release any redeemed animal to its owner. Any animal seized as a dangerous animal shall be kept for seven regular business days after posting of notice for the owner to claim it. Any animal seized from the custody of an owner, kennel, or other person because of cruel or inhumane treatment will be held for not less than ten regular business days.
(C) Animal disposal. The Police Department may dispose of any animal either alive or deceased upon the request of its owner, the payment to the city of a fee in the amount set forth in § 185 of this code, and the receipt by the city of a liability release signed by such animal’s owner.
(D) Disposition of unredeemed animals. Any animal not redeemed within five business days after impounding shall either be surrendered to the local humane society or painlessly disposed of or surrendered for research purposes to any educational or scientific institution licensed pursuant to state law. The fees for the disposal of unclaimed animals will be set by the designated animal shelter. If the owner of the animal is known and the owner does not pick up the animal after being notified, all charges will be billed to the owner of the animal.
(E) Objection by owner; court order. Any owner may object to the impounding or disposition of the animal by signing and filing an objection with the city within five days after the action objected to was taken. Within 20 days after impounding of an animal, if the animal is not redeemed or if the city is unable to reach agreement with the owner regarding the keeping of the animal in a manner consistent with the provisions of this section, the city may bring an action in the appropriate court by serving on the owner a complaint setting forth the violation of this section which caused the city to take action. The court may then order the return of the animal to its owner with or without payment of redemption fees by the owner; or the disposal, destruction, or sale of the animal; or, if the animal has been improperly disposed or sold, the payment to the owner of the reasonable value of the animal; or imposition on the owner of the same penalty as that for commission of a misdemeanor; or any two or more of the foregoing or any other remedy the court determines just and proper. When an objection has been filed with the city, the city shall not dispose of or sell the animal referred to in the objection if it is still in the pound, but shall within ten days after filing of such objection, either return the animal to the owner, without liability on the owner’s part for any fees, or keep it pending agreement with the owner or order of the court as provided above. If the animal has been disposed of or sold without a court order, the city, after such filing, shall either pay to the owner the reasonable value of the animal or begin the action described in this division (E).
(Ord. passed 8-11-2014)