§ 90.23  IMPOUNDMENT; FEES.
   (A)   The City Manager shall select and establish a place for impounding all animals impounded under any provision of this chapter.
   (B)   Animals that may be impounded are as follows:
      (1)   Cats and dogs not exhibiting evidence of being vaccinated as described in § 90.22 or licensed as described in § 90.22.
      (2)   Any animal kept under conditions that could endanger the public health or public safety.
      (3)   Any animal that creates a nuisance, as defined in § 90.12.
      (4)   Any animal running at-large, as stipulated in § 90.09.
      (5)   A dog or cat that has rabies or symptoms thereof, or that a person could suspect as having rabies, or that bites, scratches or otherwise creates a condition which may have exposed or transmitted the rabies virus to any human being.
      (6)   A dog or cat that is suspected of having inflicted bodily injury on any human being or animal, or poses a threat to public safety.
      (7)   Any dog or cat whose license has been revoked, or livestock that has had its permit revoked.
      (8)   Any animal in violation of any provisions of this chapter.
   (C)   Reasonable effort shall be made by the animal control officer to contact the owner of any animal impounded which is wearing a current vaccination tag or city license tag; however, final responsibility for location of an impounded animal is that of the owner.
   (D)   (1)   The owner can resume possession of any impounded animal upon payment of impoundment fees, handling fees, and any veterinary bills incurred by animal control for the welfare of the animal, and upon compliance with the vaccination and licensing provisions of this code except where prohibited in divisions (D)(2) and (D)(3) below and all other provisions of this chapter.
      (2)   Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the court of jurisdiction.
      (3)   If any animal is being held under quarantine or observation for rabies, the owner shall not be entitled to possession until it has been released from quarantine.
   (E)   (1)   The animal shelter shall be considered the designated caretaker of an impounded animal immediately upon intake at the shelter. After the expiration of any required holding period, the city shall become the owner of the animal in question and may dispose of it in accordance with this chapter.
      (2)   Any animal not reclaimed by the owner may be humanely euthanized after being impounded for 72 hours, except that any animal wearing a current rabies vaccination tag and any animal that is microchipped shall be impounded for not less than six days and any animal wearing a city license tag shall be impounded for not less than 15 days.
      (3)   Any impounded feral or unmanageable animals, unless there is reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by the Animal Control Manager for the safety of staff caring for the animal during the impoundment period.
      (4)   Any nursing baby animal impounded without the mother, or where the mother cannot or refuses to provide nutritious milk, may be immediately euthanized to prevent further suffering.
      (5)   An owner who no longer wishes responsibility of an animal, or believes the animal to be in an ill or injured condition, may sign an Owner Surrender Form allowing the animal to be immediately euthanized in a humane manner, provided that no dog or cat that has bitten a human being shall be euthanized before expiration of the ten day quarantine period.
      (6)   Any impounded animal that appears to be suffering from extreme injury or illness may be euthanized or given to a non-profit humane organization for the purpose of veterinary medical care, as determined by the Animal Control Manager.
      (7)   After the expiration of any required impoundment period or immediately after being voluntarily released by its owner, the animal shall become the property of the city, all ownership rights for the animal shall transfer to the city, and the department may dispose of the animal by any of the following methods: adoption, transfer to another agency, reclamation, or humane euthanasia.
(Ord. OR-1787-10, passed 10-11-10; Am. Ord. OR-2143-19, passed 8-26-19)