(a)   If a police officer finds any dog, horse or cattle running at large in any street, market space or common or public ground or intruding on any private lot, yard or enclosure, he shall seize the same and cause it to be impounded. Any other person may similarly seize and impound any such animal found so running at large or intruding upon private ground. When any such animal has been impounded, the Police Division shall cause at least seven days’ notice to be given by advertisement at least once in a daily newspaper, printed in the City and having general circulation therein, to the effect that such animal is impounded and requiring the owner thereof to prove his or her right to the same on or before the day specified in the notice. If the owner proves his or her right to the animal impounded, he or she shall have the same restored to him or her upon paying  all costs and expenses and all unpaid penalties which may have been imposed for permitting such animal to run at large or to intrude on private property, except as provided in division (b) of this section. If proof of ownership is not made, the court having jurisdiction shall cause an order to be entered on its docket, directing that such animal be sold. Thereupon, the court shall issue an order, under its seal, requiring the Chief of Police to sell such animal, and the Chief upon receiving the order shall give at least three days’ notice of the time and place of sale by advertisement in a daily newspaper of general circulation in the City, in the same manner except as to time, as in the case of property required by law to be advertised for sale by bailiffs. Thereafter, in accordance with the notice of sale, he or she shall sell the animal at public auction to the highest bidder, and after deducting his or her costs and necessary expenses, he or she shall pay the balance of the proceeds to the clerk of such court, accompanied by a statement in writing of such order of sale, of his or her proceedings and costs and expenses. Such return shall be made within ten days to the court. The clerk, after deducting the costs and all penalties for permitting the animal to run at large or intrude upon private grounds due from the owner, shall pay the surplus proceeds into the City treasury within 30 days. If the owner of the animal any time thereafter proves his or her right of property to the satisfaction of the court, the court shall issue an order on the City treasury directing that such surplus proceeds be paid to him or her, which order shall be complied with by the City Treasurer on receipt thereof.
   (b)   Where the owner, harborer or keeper of a vicious dog, as defined in § 618.17, is charged with a violation of § 618.01 to § 618.17 or a State statute prohibiting the same conduct, the Division of Police may cause the vicious dog or dogs involved in the offense to be seized and held, at the expense of the owner, until charges filed pursuant to the above sections are fully adjudicated by the appropriate court, including disposition of the vicious dog. The determination of the status of the dog as a vicious dog, solely for purposes of impoundment under this section, shall be made at the time the dog is seized. An act prior to the offense charged is not necessary for the dog to be determined vicious for purposes of this section.
(Ord. 096-57, passed 5-7-1996)