(A) Impound generally. It shall, be lawful for all police officers and such other persons duly authorized by the Town Manager to impound any dog which is not wearing proper license and rabies tags as herein provided, or any dog which is running at large and is not under leash control, or any dog which they reasonably feel to be in violation of any of the provisions of this chapter whether such dog is wearing a dog tag or not. It shall be lawful for the police officer or any person duly authorized to impound dogs to go upon private property for the purpose of catching any dog to be impounded. Any person authorized to capture and impound a dog under the provisions of the chapter is authorized to use such means as are reasonably necessary to capture such dog; provided, however, that tranquilizer guns or other tranquilizing devices shall be used only as a last resort when a dog cannot be safely caught and impounded because of its dangerous or vicious propensities, such dog may be summarily slain.
(B) Notice to owner or harborer of dog. Upon the impounding of any dog it shall be the duty of the person impounding such dog to notify the owner thereof, if known. If the owner is not known, there shall be posted at the bulletin board of the Town Hall, for a period of not less than five days, a notice containing a description of the dog impounded.
(C) Procedure for release of vicious dog when complaint has been filed; authority of Municipal Judge to order destruction of dog. If a vicious dog complaint has been filed in the Municipal Court of the town against the owner or harborer of any impounded dog for a violation of this chapter, then such dog shall not be released from impoundment except on order from the Municipal Judge. In addition to any penalties which may be provided for in this chapter, for a violation of this chapter, the Municipal Judge shall require such owner or harborer of the said dog to pay the fees herein provided for in this section as well as all fees that pertain to the boarding of such dog, and shall have the authority, upon making a finding that such dog constitutes a clear and present danger to the citizens of the community, to order that such dog be destroyed in a humane manner by a licensed veterinarian.
(D) Disposal of dog whose owner or harborer cannot be located. If a complaint has not been filed in Municipal Court because the owner or harborer of an impounded dog is not known or cannot be located and such dog has not been claimed within five days from the date of impoundment, not counting the first day of impoundment, the dog may be destroyed in any humane manner by a licensed veterinarian or it may be put up for adoption only to persons not residing in the city limits of the town by an approved pound authorized by the Town Manager.
(E) Redemption fees. Any owner or harborer of a dog desiring to redeem such dog from the pound shall pay the town the sum of $20 per day as an impoundment fee, but not including the day of impounding. No dog shall be released from the pound until the owner shall have paid all charges for impounding the dog, the additional charges for maintaining the dog and until the dog has been licensed, registered and vaccinated in accordance with this chapter.
(F) Confinement of certain dogs. There shall be no release of any vicious dog unless suitable provisions are made for it by its owner to protect the public against these propensities, and no female dog in heat shall be released unless the owner has facilities for caring for and confining such dog.
(G) Release upon compliance with provisions of chapter. It is the duty of the town to release any dog from the pound of the town upon receipt of satisfactory proof of ownership thereof, upon payment of any fee due to the town, and upon presentation of proof of vaccination for rabies and proper licensing and registration of such dog in accordance with this chapter. Any dog that is not picked up by the harborer or the registered owner of said dog after five days, the dog shall be considered abandoned and will be placed for adoption. The only exceptions to this rule shall be if the dog is waiting for a court date under the vicious dog rule, division (F) above.
(H) Unlawful release from impoundment. It shall be unlawful for any person to release any dog from impoundment except in the manner provided for in this chapter and upon the payment of the required fee, or for any person to enter upon the premises where the dogs are impounded except by the permission of and while accompanied by a person duly authorized to perform official duties under this chapter.
(I) Abandoned dog. All dogs held by the designated pound for a period of more than five days that are not redeemed by the owner or harborer are considered to be abandoned and may be put up for adoption, but not to any resident of the town.
(Ord. 2014-7, passed 11-13-2014) Penalty, see § 90.99