(A) IMPOUNDING ANIMALS.
(1) An Animal Control Officer may take up and impound in any Shelter Facility or Shelter Site a stray or any animal kept or maintained contrary to the requirements of this Article.
(a) The animal may be confined in accordance with the facilities regulations.
(b) The owner/responsible party shall be responsible for all impound fees, boarding fees, and other costs whether or not the animal is reclaimed.
(c) An unsterilized animal reclaimed by its owner shall be released without being sterilized upon payment of a $75.00 intact fee for the sterilization deposit and impoundment fees imposed by the shelter, and the owner shall sign an agreement stating he will sterilize the animal within 30 days after release or will obtain a breeder permit, intact permit, or its equivalent.
(d) Any stray which is not reclaimed or adopted may be humanely destroyed in accordance with the impound facility's regulations.
(2) An Animal Control Officer may take up and impound in any designated Animal Control Facility a stray or any livestock kept or maintained contrary to the requirements of this Article.
(a) The owner/responsible party shall be responsible for all reclaim fees, boarding fees, and other costs at time of reclaim.
(b) The Animal Control Officer may require inspection of enclosures for livestock and the living conditions of animals kept outdoors prior to reclaim.
(3) The Animal Control Officer shall maintain, for a reasonable period of time or as required by statute, a record of all animals impounded. At least the following information shall be included:
(a) A complete description of the animal;
(b) The manner and date of its acquisition;
(c) The date, manner, and place of impoundment;
(d) The impoundment number.
(4) Owners requesting removal of an animal shall be required to sign an owner's release at the time of impoundment.
(5) If a stray animal is not wearing a current rabies tag and is deemed critically injured or critically ill an Animal Control Officer may deliver the animal to a licensed veterinarian for euthanization. A report must be filed by the Animal Control Officer.
(6) Whenever the Animal Control Officer finds that any animal is or will be without adequate care because of injury, illness, incarceration or other absence of the owner or person responsible for the care of such animal, the Animal Control Officer may take up such animal for protective care. The owner of the animal may reclaim the animal after paying all required fees and costs imposed by the impound facility. If the animal is unclaimed at the end of the protective custody period, the animal may be humanely destroyed or otherwise disposed of by the impound facility.
(B) SEIZURE OF ANIMALS, EXCLUDING LIVESTOCK.
(1) A peace officer or Animal Control Officer who reasonably believes that the life or health of an animal is endangered due to violation of any provision in this Article may apply to the district court or the municipal court for a warrant to seize the animal(s).
(2) If the court finds probable cause that the animal's life or health is endangered as a result of the violation of any provision of this Article, the court shall issue a warrant for the seizure of the animal. The court shall also schedule a hearing on the matter as expeditiously as possible within 30 days unless the Village demonstrates good cause for a later time.
(3) Written notice regarding the time and location of the hearing shall be provided to the owner of the seized animal. The court may order publication of a notice of the hearing in a newspaper closest to the location of the seizure.
(4) If the owner of the animal cannot be determined, a written notice regarding the circumstances of the seizure shall be conspicuously posted where the animal is seized at the time the seizure occurs.
(C) SEIZURE OF LIVESTOCK.
(1) A peace officer or Animal Control Officer who reasonably believes that the life or health of livestock is endangered because of the violation of any provision in this Article may apply to district court or municipal court for a warrant to seize the allegedly endangered livestock.
(2) On a showing of probable cause to believe that the life and health of livestock is endangered as a result of the violations of any provision of this Article, the court shall issue a warrant and set the matter for hearing as expeditiously as possible within 30 days unless the Village demonstrates good cause for a later time. Seizure as authorized by this section shall be restricted to only those livestock allegedly being kept in a manner that their life or health is endangered. The Animal Control Officer shall establish procedures for preserving evidence of violations of this Article.
(3) The court executing the warrant shall notify the Animal Control Officer, have the livestock impounded, and give written notice to the owner of the livestock of the time and place of the court hearing.
(4) After all interested parties have been given an opportunity to present evidence at the hearing and if the court finds that the owner has endangered life or health of the livestock by violating any provision contained in the Article, the court shall order the impoundment of the livestock until the resolution of proceedings for the ordinance violations. If the court does not find that probable cause exists that the owner has violated any provision in this Article, the court shall order the livestock returned to the owner.
(D) RETENTION OF STRAYS OR OWNER-SURRENDERED ANIMALS.
(1) No person shall, without the knowledge and consent of the owner, hold or retain possession of any animal for more than 24 hours without first reporting the possession of the animal to the Animal Control Officer.
(2) The report shall contain the person's name and address, a true and complete statement of the circumstances under which he took up the animal, and the precise location where the animal is confined.
(3) No person having such an animal in his possession shall refuse to immediately surrender the animal to an Animal Control officer upon demand.
(4) Any stray animal identified by microchip or any other identification must be called into the Animal Control Officer.