(A) Who can impound. The Animal Control Officer shall, or any peace officer may, capture and impound any dog constituting a nuisance as defined in § 90.01. The police, or any other duly appointed person, may also take and impound any animal which is not being kept, confined or restrained in a manner consistent with the requirements of this chapter. Such police officer or person may enter upon private premises where it appears that there is reasonable cause to believe that an animal is not being kept, confined, or restrained as herein required.
(B) Notice to owner. Immediately upon the impounding of an animal wearing a current license tag, the police shall make every reasonable effort to notify the owner or harborer of such impoundment, and of the conditions whereby the owner or harborer may regain custody of the animal. Verbal notice shall be immediately confirmed in writing by the police.
(C) Reclaiming impounded animal. Any animal impounded hereunder may be reclaimed by the owner or harborer of such animal within five regular business days after receiving notice of such impoundment, excluding Saturdays, Sundays, and legal holidays, upon payment to the City Clerk of an impounding fee as established by the City Council and set forth in the city's schedule of fees, together with the actual costs incurred for boarding. If the animal being reclaimed has no license, and a license is required, a license shall be required prior to release, and the fee for the same paid prior to the release from impoundment.
(D) Animals which cannot be impounded. If an animal is rabid, or otherwise diseased, vicious or dangerous, and cannot be impounded after a reasonable effort or without serious risk to the impounder or others, such animal may be immediately killed.
(E) Sale of impounded animals. If an animal taken up and impounded has not been reclaimed within the time limit provided herein, or if the owner cannot be located, then within five regular business days, the person in charge of the pound shall give three regular business days notice of the time and place where such animal will be sold by posting notices in the office of the person in charge of the pound, the office of the City Clerk, and in a conspicuous place at the pound. Should the person in charge of the pound be unable to sell such animal, that person cannot sell such animal thereafter without notice as provided herein or similar notice to otherwise dispose of such animal.
(Prior Code, § 5.08) Penalty, see § 10.99