(A) For the purpose of discharging the duties imposed by this chapter, and to enforce its provisions, any agent of the County Animal Control/Shelter is empowered to enter upon any property in which any animal is kept, or harbored, in a reportedly cruel or inhumane manner, and the officer may demand to examine such animal, and to take possession of such animal when, in the officer’s opinion, it requires humane treatment.
(B) The requirements for humane treatment are:
(1) Animals must be provided with adequate shelter, so that an animal is kept warm and dry, and protected from the sun and all weather. Livestock does not always require shelter (for further information, see division (B)(4) below);
(2) Animals must be provided with adequate exercise space. The size of the animal will be taken into consideration;
(3) Animals must be provided with clean water at all times, in a container that cannot be overturned by the animal. Animals must also be fed on a daily basis; and
(4) All investigations are judged on an individual basis, with all information taken into consideration.
(C) If an agent of the County Animal Control/Shelter takes possession of an animal under this section, the Animal Control Officers shall issue a written determination setting forth the findings that support this determination.
(1) The written determination shall be dated and include an itemized estimate of the reasonable expenses the County Animal Control/Shelter expects to incur for the care of the animal from the time of the written determination to a minimum of 30 days thereafter. Such expenses shall include, but are not limited to, kennel fees and the estimated cost of emergency and routine veterinary care.
(2) Following the date the County Animal Control/Shelter provided notification to the owner(s) of the animal under division (C)(1) above, the following action shall be taken:
(a) If, following notification to the owner(s), he or she signs a release form requesting that the animal be adopted or humanely destroyed, then the County Animal Control/Shelter, in its discretion, may have the animal adopted or humanely destroyed; and
(b) Owner(s) may appeal the determination of the Animal Control Officers that an animal is either a dangerous, or potentially dangerous, animal as follows:
1. No later than 15 days following the written notification to the owner(s), the owner(s) shall:
a. Submit a written request to the County Board of Commissioners; and
b. Post with the County Clerk’s Office a bond in the amount specified by the Animal Control Officers’ written determination. The owner may renew a bond by posting a new bond in an amount sufficient to provide for the animal’s care and keeping for at least an additional 30 days not later than ten days after the expiration of the period for which a pervious bond was posted. If a bond expires, the County Animal Control/Shelter may, in its discretion, humanely destroy the animal.
2. The County Board of Commissioners shall hear any appeal of the determination of the Animal Control Officers. The Board shall take action on any appeal within 30 days of the date the Board receives a written request. The Board may either affirm or reverse the written determination of the Animal Control Officers. If the County Board of Commissioners fails to take action within 30 days, then the determination of the Animal Control Officers is automatically affirmed.
3. Once disposition of the animal is determined, any bond posted shall be released to the County Animal Control/Shelter to cover the costs for confinement of the animal and care of said animal for the number of days the animal was in custody of the County Animal Control/Shelter. Any unused portions of the bond shall be returned to the individual who posted the bond.
(c) If the Animal Control Officers have not been able to provide notification of owners within a reasonable length of time, and the owner(s) decline to sign a release set out in division (C)(2)(a) above, or the owner(s) fail to file a timely appeal to the County Board of Commissioners of the written determination made by the Animal Control Officers under division (C)(2)(b) above, then the County Animal Control/Shelter may, in its discretion, either place the animal in an adoptive home or humanely destroy the animal.
(Ord. 2018-12, passed 6-26-2018)