When the police department receives a complaint that a dog or cat is at large, the person making the complaint shall be asked for permission to locate an animal cage on their property. If permission is granted, city employees will place a baited animal cage on the property of the person making the complaint. When a dog or cat is caught in the cage, the animal will be transferred and impounded at the shelter designated as the McDowell County Animal Shelter. The police department will notify the owner of any animal transferred to the animal shelter, if the animal has a collar on which is written the name, address and phone number of the owner. If the complaining party refuses to allow the cage to be located on their property no further action will be taken unless the animal has attacked someone or appears to be dangerous, potentially dangerous or sick, in which case the police department will transport the animal to the McDowell County Animal Shelter. The owner of the animal may appeal the taking of the animal and the determination that the animal is dangerous, potentially dangerous or sick by filing a written appeal stating his or her objections to the taking of the animal and the determination that the animal is dangerous, potentially dangerous or sick with the city manager within three (3) days. Upon receipt of the appeal, the city manager shall schedule a hearing with the dangerous animal appeals board within a reasonable time at a regular city council meeting. The city council shall render a decision upholding or overturning the determination of the animal control officer within sixty (60) days after receiving said appeal. Any appeal from the city council shall be taken to superior court, in accordance with G.S. 67-4.1(c). Pending a final decision by the city council, the city shall request the animal shelter not to euthanize the animal in question, on the condition that the owner of the animal agrees to pay any applicable impoundment fees charged by the McDowell County Animal Shelter. However, the city cannot provide a guarantee that the animal will not be euthanized by the McDowell County Animal Shelter prior to the appeal being filed, or even after the appeal is filed, in the event that the McDowell County Animal Shelter does not comply with the request of the city not to euthanize the animal in question.
(Ord. No. O-08-02-05-12, § 2, 2-5-08)