(A) Any animal found involved in a violation of any portion of this section may be seized by any Animal Control Officer or any peace officer and held by MAS in a humane manner.
(B) Upon a hearing before a district court judge, and that judge finding probable cause for the charge, the court shall order the animal to be held or continue to be held by Metro Government and shall further order the owner, within 24 hours of such finding, to post a cash bond with the court equal to the cost of care of the animal(s), including all estimated boarding and veterinary fees in the amount of $450 ($15 per day) plus all other fees, fines, and penalties imposed under this chapter for each animal, for the first 30 days of its impoundment. During the pendency of court proceedings involving charges against the owner of a victimized animal, an animal which is being held by Metro Government under this subsection (B) shall not be transferred out of the custody of MAS, nor destroyed except for humane reasons upon certification by a veterinarian that destruction is necessary.
(1) Upon a plea or finding of guilt, the cash bond shall be immediately paid to MAS. Upon final dismissal of the charge against the owner within 30 days of the bond being posted pursuant to subsection (B), above, the owner shall be refunded any daily fee for the days the animal was not actually held by MAS. The owner shall also be responsible to pay all costs of care from the date of the impoundment until the time of the first hearing and the posting of the initial bond, as well as any other associated expenses not covered by the daily boarding fee(s). Any portion of the posted bond that has not been encumbered by daily costs at the time of the pleas or finding of guilt shall be returned to the owner. Upon conviction, all animals being held by MAS pursuant to subsection (B) herein above shall become the property of the Metro Government.
(2) Upon final dismissal of the charge against the owner, the owner shall reclaim the animal within 45 days of the dismissal or the animal shall be forfeited to MAS.
(3) An owner who is liable for fees or expenses pursuant to subsections (B) and (B)(1), above, may apply to the MAS Director for a full or partial abatement of such fees and expenses on the grounds of financial inability to pay, or other compelling circumstances which in the judgment of the MAS Director would be reasonable and just. The application shall be in writing and the MAS Director's decision shall be in writing. A denial by the MAS Director of an application may be appealed to the Director of the Metro Department of Public Safety within ten days of the MAS Director's decision. The Director of the Metro Department of Public Safety shall hear the appeal in accordance with rules established by the Department of Public Safety for that purpose. The decision of the Director of the Metro Department of Public Safety on an appeal shall be final.
(1994 Jeff. Code, § 91.062) (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Jeff. Am.Ord. 46-1996, adopted and effective 12-10-1996; Jeff. Am. Ord. 24-2000, adopted and effective 10-10-2000; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007; Lou. Metro Am. Ord. No. 86-2010, approved 5-3-2010)
Penalty, see § 91.999