(A) Grounds for and conditions of impoundment.
(1) Animals found in cruel, abusive or neglectful situations as defined in this chapter may be promptly impounded if no immediate contact with a responsible person can be made; provided, however, that, the Animal Control Officer shall leave written notice stating the location of the animal and the reason for impoundment.
(2) Animals so removed will be impounded and held at the animal control shelter or designated facility until such time violator is in compliance with this chapter; provided, however, that, in no event shall this period exceed ten days, at which time the animal shall become the property of the animal control shelter, or for the Animal Control Officer to have ample time to prepare a court case if prosecution is warranted.
(3) Animals waiting disposition by the courts shall remain in the custody of the animal control shelter until such disposition is made or shall be placed in a foster home until legal arrangements have been completed.
(4) Animals so removed may be transported to a licensed veterinarian for examination and/or treatment.
(a) If, in the opinion of said veterinarian, the animal must be destroyed, euthanasia will be performed immediately.
(b) Costs of treatment, euthanasia and/ or care shall be the responsibility of the owner/agent.
(B) Redemption.
(1) A person may reclaim an animal in the custody of the animal control shelter upon providing the following, as approved by the Animal Control Commission:
(a) Proof of ownership; and
(b) Payment of redemption fee and any other service/medical fees.
(2) Stray or at-large animals will be held three working days at the animal control shelter.
(3) Unclaimed animals become the property of the animal control shelter and may be placed for adoption or humanely euthanized.
(C) (1) A previously impounded stray animal or animal that is not restrained and is now being redeemed by the owner or harborer for a second or subsequent redemption shall be surgically sterilized by a state-licensed veterinarian at the owner or harborer’s expense. An appointment to perform the procedure shall be made at the time of the redemption. Enforcement action requiring surgical sterilization will be issued by the Department at the time of redemption if the appointment is not made.
(2) In cases mandating spay or neuter of an animal(s), the animal(s) may, at the Department’s discretion, be transported by the Department directly to the veterinarian selected by the owner or harborer for completion of the surgery and pickup of the animal(s) by the owner or harborer. All fees due the veterinarian are the responsibility of the owner or harborer.
(D) Animal(s) awaiting disposition by the courts shall remain in the custody of the Department, until such disposition is made, or the animal(s) is placed in a foster home until arrangements for disposition have been completed.
(E) Pursuant to impoundment of an animal(s) under division (A) hereof, the Department may file a petition with the court requesting the owner or harborer of the animal(s) post a bond to cover the costs of care of the animal(s) while in the custody of the Department. Such petition shall be accompanied by an affidavit of the animal control officer that sets forth an estimate of the reasonable expenses the Department expects to incur providing for such care. Reasonable expenses include but are not limited to the estimated cost of veterinary care, food and board for the animal(s). The owner or harborer of the animal(s) shall be provided written notice of the petition by personal service or prepaid United States certified mail, return receipt requested. Any such mail shall be sent to the last known residence, of the owner or harborer, if known, otherwise to the address from which the animal(s) was seized. Refusal to accept certified mail or failure to receive mail due to other delays experienced by the owner or harborer will not negate the effectiveness of such notice.
(1) The court in which the petition is filed shall conduct a hearing on the petition, at which the Department shall have the burden of proving that there is probable cause for the court to find that the animal(s) were confiscated by the animal control officer for a reason listed under division (A) hereof. If the court finds that probable cause exists, the court shall order the owner or harborer of the animal(s) to post a bond to cover the cost of the care for the animal(s) for a minimum of 30 days.
(2) Bond must be posted within a maximum of three business days following the bond hearing order. If bond has not been posted within such period, the animal(s) shall forthwith become the property of the Department.
(3) Bond must be posted at the Department in cash or certified funds only. The bond shall be deposited into the City of Fort Wayne’s general trust fund and, in a subaccount specific for each case. The Department may draw on such subaccount to pay for the actual expenses incurred in the care and boarding of the animal(s).
(4) If, at the end of 30 days, the matter for holding the animal(s) has not been adjudicated, another bond shall be posted. The renewal bond shall be paid no later than the close of business on the thirtieth day. If the thirtieth day falls on a weekend or holiday, the bond shall be posted by the close of business on the last regular business day prior to the weekend or holiday. The bond shall be renewed every 30 days thereafter until the matter is adjudicated and an order issued by the court. Failure to repost bond at the end of any 30 day period will be considered voluntary relinquishment of the animal(s) by the owner or harborer.
(5) In the event of a conviction of the defendant, the court, in its discretion, may order any remaining bond money forfeited and/or the animal(s) relinquished to the Department.
(6) In the event of a dismissal of the case or a finding in favor of the defendant, the court shall direct the delivery of the animal(s) and any bond money, less reasonable medical, housing and administrative costs, to the defendant.
(a) The bond is intended to cover daily boarding, emergency medical care, immunizations, and routine medical care. Animal(s) displaying evidence of illness or injury at the time of impound will be treated immediately at the expense of the owner or harborer. Animal(s) that are not current on inoculations for ailments common to their species will be inoculated at the expense of the owner or harborer. An animal(s) displaying evidence of illness or injury which, in the opinion of a state-licensed veterinarian, would cause undue suffering to that animal(s) or pose a substantial health risk to other animals in the Department facilities shall be immediately and humanely euthanized.
(b) This section applies to all animals housed at the Department, or at a designated facility selected by the Department, irrespective of the agency that seized the animals.
(Prior Code, § 90.06) (Ord. G-84-27, passed 12-11-1984; Ord. G-21-15, passed 7-30-2021)