3.36.090   Impoundment.
   (a)   Taking up animals. A person finding a stray domestic animal or livestock may take up the animal within four hours, the person must make reasonable efforts to locate the owner, call an animal care center to report the finding of the animal and to ask that it be picked up, or take the animal to an animal care center. The animal must be surrendered to the code enforcement officer upon demand.
   (b)   Impounded animals - notice to owner. When an animal who has traceable identification is impounded, the code enforcement officer must notify the owner of the whereabouts of the animal within forty-eight (48) hours after receiving the animal. The notification may be made by telephone, letter, or other available means. The owner or custodian of the animal will not be liable for any board or care charges if the code enforcement officer does not give the timely notice required by this section, provided the animal is reclaimed within twenty-four (24) hours after receiving notice.
   (c)   The city will hold an animal with traceable identification, before adopting it out or otherwise disposing of it, for six business days after it mails or otherwise notifies the owner or custodian of where the animal is. An animal that is irremediably suffering, as determined by a licensed veterinarian, will not be held for six business days.
   (d)   Redemption of impounded animals. The owner or custodian of an impounded animal may redeem it by paying the fees and charges against it before the adoption or other disposition of the animal.
   (e)   Impound fees. The impound fee includes the cost of feeding and caring for an animal on the day it was impounded. The owner or custodian will be charged daily board and care costs for each day after the day of impound.
   (f)   Impounding fees and care costs-veterinary care.
   (1)   The code enforcement officer may employ a private veterinarian, as necessary, to properly care for and maintain an animal.
   (2)   When a veterinarian's fee has been incurred for the care or treatment of an animal, the animal will not be released to the owner or custodian until all fees and care costs have been paid.
   (g)   Impoundment fees not charged when animal taken up unlawfully. An animal unlawfully taken up and impounded will be returned to its owner or custodian without charge or delay.
   (h)   Release conditions for a dog or cat. A dog or cat may be released to its owner or custodian if it is not under observation for rabies if:
   (1)   The dog or cat has been microchipped and vaccinated against rabies; or
   (2)   The owner or custodian has complied with Section 3.36.160; or
   (3)   The owner signs an order to comply, agreeing to have the dog or cat vaccinated against rabies within ten (10) calendar days.
   (i)   Abandonment of Impounded Animals. An animal is abandoned to the city if the owner or custodian has not paid the fees and charges against the animal and has not taken possession of it within six business days after code enforcement's mailing or notifying the owner or custodian of the animal's availability.
   (j)   Proof of proper care required for release of animals. The code enforcement officer will not release a lawfully impounded animal to its owner or custodian, or adopt out an animal unless the person to whom the animal is released agrees to comply with all applicable laws and demonstrates to the satisfaction of the code enforcement officer that the animal will receive the necessary care.
   (k)   Animal not suitable for adoption. The code enforcement officer may find that an animal is not suitable for adoption if it demonstrates aggressive behavior, has a prior history of aggressive behavior, or is irremediably suffering from a serious illness or severe injury.
   (l)   Adoption of animals - exchange or refund. A person who adopts a dog or cat may exchange the dog or cat, or apply for a refund, within fourteen (14) days after adoption. If the adoption fee for the value of the substituted dog or cat is greater than the amount paid for the original dog or cat, the adopter must pay the difference.
   (m)   Vaccination authorized. The city is authorized to provide medical care for impounded animals, including all necessary vaccinations.
   (n)   Examination for rabies authorized. If the code enforcement officer suspects that an impounded animal has rabies, he or she must hold the animal at an animal care center for examination. After examining the animal, the animal care center may advise the code enforcement officer to hold the animal for further observation.
   (o)   Release when no rabies found. If the animal care center finds that the animal examined under subsection(n) does not have rabies, the code enforcement officer may release or lawfully dispose of it.
   (p)   Confinement when rabies found. If the animal care center finds that the animal examined under subsection (n) has rabies, the Code Enforcement Officer must confine it as instructed by the animal care center.
   (q)   Spaying or neutering - condition of sales. A person who adopts a dog or cat must pay the spay or neuter deposit required under state law. The city will deposit the money received in a trust fund in the city treasury. After the adopted dog or cat has been spayed or neutered, the city will refund the deposit to the adopter upon request. The deposit is forfeited if it is not claimed within sixty (60) days. (Ord. 961, § 2, 2019)