A. Authority To Impound: The City police officers or animal control officers, as designated by the City Council, are hereby authorized to seize and impound any animal within the City limits which is not under positive control or is abandoned or a dog which is not displaying a metal tag indicating licensing.
B. Livestock: When livestock has been impounded, the City police officers, animal control officer or other designated person shall comply with the requirements of chapter 23, title 25, Idaho Code.
C. Interference Unlawful: It shall be unlawful for any person to hinder or molest any designated person who may be engaged in seizing, keeping or removing any animal in conformity with the provisions of this Chapter.
D. Records: The Police Department shall keep a record of all animals impounded, which record shall contain a description of the animal, the place where and the date when taken into custody, or when delivered to the City pound. The Police Department shall provide a monthly statement to the City Council describing the animals impounded, the place where such animals were impounded, the date when the animals were taken into custody, and the disposition of any such animal.
E. Notice Of Impoundment; Sale:
1. Dogs: Within twenty four (24) hours, excluding Saturday, Sunday and holidays, after any dog shall have been impounded, the Chief of Police or animal control officer shall give notice of impounding and of the impending sale by posting a notice at the police headquarters, at the pound, and to the owner, if known, describing the animal impounded, and notifying the owner to pay the charges thereon, and remove same prior to the time fixed for the sale thereof; and that, otherwise, the animal will be sold at a public sale at a time and place named in said notice, which time shall be not less than five (5) days from the date of posting such notices, excluding Saturday, Sunday and holidays.
2. Livestock: All notices regarding the sale of stray or impounded livestock shall be in accordance with the provisions of chapter 23, title 25, Idaho Code.
F. Redemption: Any animal impounded because it was found running at large, or without a license, may be redeemed by the owner prior to the sale or destruction of such animal, by paying all charges against the same as provided by subsection G of this Section.
G. Impoundment Fees:
1. Power To Impose: The animal control officer or Chief of Police shall be entitled to charge a fee for seizing or removing, keeping, boarding and selling of any animal which fee for keeping and selling shall be retained by the City as payment towards the cost and expense incurred by the City in the seizing, removing, keeping, boarding and selling of such animal.
2. Fees Set By Resolution: The fees which may be charged by the City for impounding, keeping and selling any animal to be paid upon redemption or sale of such animal shall be as set by the City Council by resolution. Said resolution shall take effect upon passage by the City Council.
3. Fractional Days: A fraction of a day shall be deemed a full day and any portion of a day in excess of any multiple of twenty four (24) hours, shall be deemed a day.
4. Monthly Accounting: The Chief of Police or any designated animal control officer who receives money pursuant to this subsection shall provide a monthly accounting of all receipts and expenditures to the City Council.
5. Purchase Of License: In addition to the foregoing, any person redeeming any dog, shall, prior to or at the time of the redemption, take out a license for the same, unless such dog shall already have a license for the calendar year; and any person purchasing a dog at any sale herein provided for shall promptly take out a license for same.
6. Penalty For Unlicensed Dogs: The owner of any unlicensed dog which is impounded and subsequently redeemed by that owner shall be required to pay, in addition to the license fee, a civil penalty in an amount as established by resolution of the City Council.
H. Disposition Of Diseased Animals:
1. Diseased Dog; Destruction: Any dog impounded hereunder and suffering from serious injury or disease may be humanely destroyed at the discretion of the Chief of Police or animal control officer.
2. Livestock Disposition: Any livestock impounded hereunder and suffering from serious injury or disease shall be disposed of in accordance with the provisions of Idaho Code title 25.
3. Disease Control Reporting: The animal control officer, Chief of Police or other designated person shall comply with all of the disease control reporting requirements of such title.
I. Sales; Bids; Title: The sales herein provided for shall be for cash to the person making the highest bid, at or above the charges incurred by the City against said animal. In the event there be no bid at or above said charges, the Chief of Police or animal control officer may destroy any such animal offered for sale. The purchaser at such sale, had after notices herein provided for, shall acquire absolute title to the animal purchased. (Ord. 268, 6-9-1998)