(A) For purposes of discharging the duties imposed by the provisions of this chapter or other applicable laws, and to enforce such provisions, duly authorized representatives or employees (being those described in § 95.02(A)) may enter upon private property to the full extent permitted by law, which shall include but not be limited to entry upon private, fenced property when in pursuit of any animal which they have reason to believe is subject to impoundment pursuant to the provision of this chapter or other applicable laws. The following animals may be impounded:
(1) Cats and dogs not exhibiting evidence of being vaccinated as described in this chapter;
(2) Any animal infected or kept under conditions which could endanger the public or animal health;
(3) Any animal that creates a nuisance as described in § 95.01;
(4) Any domestic species except for cats running at large as described in § 95.01, definitions;
(5) Any animal treated in a manner determined by the animal control officer to be cruel or inhumane;
(6) Any animal that has bitten a human being or needs to be placed under observation for rabies determination, (as determined by an animal control officer); and
(7) Any animal violating any provision of this chapter.
(B) Reasonable effort shall be made by an animal control officer to contact the owner of any animal impounded; however, final responsibility for location of an impounded animal is that of the owner.
(C) Impoundment fees must be paid for capture of any animal.
(D) If any of the animals named in this section are found upon the premises of any person, the owner or occupant of the premises shall have the right to confine such animal in a humane manner until he/she can notify the animal control officerto come and impound such animal. When so notified, it shall be the duty of the animal control officerto have such animal impounded as herein provided.
(E) The owner can resume possession of any impounded animal upon payment of impoundment fees, boarding fees, and any medically necessary veterinarian bills incurred by animal control for the welfare of the animal to alleviate immediate suffering, and upon compliance with vaccination provisions of this Code, except where prohibited in divisions (F) and (G) of this section.
(F) Disposition of animals impounded on the grounds of cruel or inhumane treatment shall be determined by the Animal Control Supervisor or animal control officer or court of competent jurisdiction.
(G) 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.
(H) the City Council shall select and establish a place for impounding all animals impounded under any provision of this chapter.
(I) 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.
(J) Any impounded vicious or wild animal, unless there is reason to believe that it has an owner, may be immediately disposed of as may be deemed appropriate by the Supervisor of Animal Control or his/her designee. Feral cats, dogs, or other animals may be euthanatized at the discretion of the animal control officer.
(K) Any licensed impounded cat or dog shall be kept for not fewer than seven days unless sooner reclaimed by their owner, except under quarantine.
(L) Any unlicensed impounded cats, dogs, or other domestic animals shall be kept for not fewer than three days unless sooner reclaimed by their owner, except under quarantine.
(M) Sick or injured and suffering animals may be euthanized at the discretion of the animal control officer or animal shelter staff under the direction and control of the animal control officer.
(N) An owner who no longer wishes responsibility for an animal, or believes the animal to be in ill or injured condition, may sign a written waiver supplied by animal control designating owner release allowing the animal to be immediately placed up for adoption or euthanized in a humane manner. If the animal is unvaccinated and has bitten a human being, the animal may be euthanized before expiration of the ten-day quarantine period and its head sent off for testing. A fee is collected for owner release animals.
(O) If, by a license tag or other means, the owner of an impounded animal can be identified, the animal control officer shall, as soon as practical, upon impoundment notify the owner by direct contact, telephone, mail, or other reasonable means.
(P) In addition to, or in lieu of, impounding an animal found at large, the Animal Control Supervisor, his/her designee or a police officer may issue to the known owner of such animal a notice of ordinance violation. A person who is convicted of owning an animal at large shall pay a fine as listed in the penalty schedule of this chapter.
(Ord. passed 12-7-2004)