(A) Disposal of dead animals.
(1) The owner of an animal shall be responsible for the disposal of the animal’s remains on its death, from whatever cause and regardless of the location of the animal’s remains.
(2) Animal remains shall be disposed of in the following manners:
(a) By burial beneath at least 18 inches of compacted soil on the property of the animal’s owner or any other location with the express permission of the owner of the property and not within 200 feet from any existing residence not owned or occupied by the owner;
(b) By or through the city animal pound;
(c) By or through a licensed veterinarian; or
(d) By action of the Police Department.
(3) The Animal Control Officer may issue a written notice to any owner or keeper who has failed to properly dispose of the remains of an animal as prescribed herein. The person shall have 24 hours from receipt of the notice to properly dispose of the remains. The notice shall be served on the violator personally or by leaving the notice at his or her usual place of abode with some person of the family, of the age of 13 years or upwards and informing that person of the contents thereof.
(4) The city may dispose of any animal remains without notice to the owner or keeper when the following occur:
(a) The remains are located on a public roadway;
(b) The remains bear no identification tags;
(c) The remains are located on the property of a person other than the owner or keeper; or
(d) Service of a notice on the owner or keeper is refused or not readily possible within a short time.
(5) In any case where a disposal notice is required in accordance with division (A)(3) of this section, if the person was served a notice to properly dispose of the remains and does not do so, then the remains may be disposed by city employees and all costs of the removal shall be paid by the owner or keeper of the dead animal to the city.
(6) A minimum charge of $50 for each hour or part of an hour spent by animal control officers or other city employees in disposing of the remains shall be levied against the owner or keeper when the city disposes of the remains. The city may institute legal proceedings to collect any amount owing by the owner or keeper, provided that the suit is filed within two years of the issuance of the notice or disposal of the remains if no notice is required. In any such action, the city shall be entitled to recover its reasonable attorney’s fees and costs.
(7) Dead animals shall not be buried within 400 feet of an existing community water supply.
(B) Injured animals; animals found dead on public ways.
(1) Any animal discovered injured or dead on a public way of this city shall be impounded or picked up by an animal control officer.
(2) Seriously injured animals that are wearing identification tags will be taken to a doctor of veterinary medicine, who shall contact the owner for treatment instructions and who shall maintain the animal, painlessly, if possible, until instructions are received. The owner shall be responsible for the costs of impoundment and treatment.
(3) Seriously injured animals which do not bear identification tags shall be impounded and euthanized forthwith by a doctor of veterinary medicine to avoid unnecessary suffering to the animal.
(4) Injured animals wearing identification tags shall be released to the pound within 48 hours if the owner cannot be contacted and treatment is completed, or if the animal requires treatment beyond the minimization of suffering or pain, such treatment to be provided at the owner's expense.
(5) No animal will be released by a licensed veterinarian from impoundment to the owner following treatment of an injury until a release is received from the city showing payment of impoundment fees.
(C) Diseased animals.
(1) No domestic animal afflicted with a contagious or infectious disease shall be exposed in any public place whereby the health of man or animal may be affected; nor shall the diseased animal be shipped or removed from the premises of the owner thereof, except under the supervision of the Chief of Police or the Animal Control Administrator.
(2) It is made the duty of the Animal Control Administrator to secure the disposition of any diseased animal and the treatment of affected premises as to prevent the communication and spread of the contagion or infection, except in cases where the state veterinarian is empowered to act.
(Ord. 2005-29, passed 9-13-2005) Penalty, see § 90.99