(A) Establishment of pound or shelter. The town shall arrange for use of an animal pound or shelter, as provided in Indiana law, which shall be located within Hancock County.
(B) Cause for impoundment. It shall be the duty of the Animal Control Officer to apprehend and impound in such animal shelter any dog, cat or any other animal found doing any of the following acts or being kept or maintained in any of the following conditions, unless provided herein:
(1) Running at large;
(2) Not confined, as provided in § 50.06(A), (B), and (D);
(4) Abandoned, as provided in § 50.07(D);
(5) Entering private property causing injury to person or property in violation of § 50.06(E) and (F);
(6) Not registered, licensed or tagged as provided in this chapter and Indiana law;
(7) Upon an identified complaint made to the Animal Control Officer of a violation of this chapter;
(8) Upon order of the court following a conviction of any person for violation of any provision of this chapter.
(C) Official warning in lieu of impoundment. The above provision notwithstanding, in lieu of impounding any animal under division (B) of this section, the Animal Control Officer may issue an official warning to the owner or person having custody of such dog, cat or other animal.
(D) Notification of impoundment. No later than 24 hours after the impounding of any dog, cat or other animal, except if such impoundment is by reason of § 50.09(B)(8), the Animal Control Officer or his deputy shall notify the owner or person having custody of such animal, if known, by First Class United States Mail, in person, or by telephone, of such impoundment and the reason thereof. In the event that the owner is unknown, no notification will be deemed necessary.
(E) Notification and redemption of impounded animal. Whether an impounded dog, cat or animal may be redeemed shall be within the sole discretion of the Animal Control Officer; however, any dog, cat or animal that has been impounded on 3 or more occasions may not be redeemed or reclaimed.
(F) Fees for redemption of impounded animal. An owner or person having custody of an impounded dog, cat or other animal, who has been notified that such dog, cat or other animal may be reclaimed or redeemed, may reclaim or redeem the same upon payment of the fees established by the animal pound or shelter having possession of the animal, in addition to which, any dog or cat impounded shall not be released unless or until the animal has been registered, licensed, and tagged as provided for by Indiana state law. In addition, if the impounded dog or cat is not required to be licensed before the dog or cat shall be released, the owner or person having custody of such animal shall have the dog or cat inoculated against rabies and certify the same to the Animal Control Officer.
(G) Failure to reclaim or redeem impounded animal. It shall be unlawful for an owner or person having custody of an impounded dog, cat or other animal, who has been notified that such dog, cat or other animal may be reclaimed or redeemed, to fail to reclaim or redeem the same on or before the last day of impoundment before the disposition of such dog, cat or other animal under § 50.09(H) below.
(H) Impounded animal not registered, licensed, tagged or redeemed. All dogs, cats or other animals impounded under this chapter and not registered, licensed, tagged, and redeemed shall be disposed of in a humane manner after the expiration of the following time periods:
(1) Three days after notice is given to the owner or person having custody of such animal as required under division (D) of this section;
(2) Five days after impoundment when the owner or person having custody of such animal is unknown;
(3) After the animal has been impounded for the third time within a 12 month period; or
(4) At the time fixed by the court under division (B) of this section;
provided, however, that the dog, cat or other animal which appears to be suffering from mange or other infectious or contagious disease, except rabies, may be disposed of immediately upon impoundment. Any animal destroyed which is believed to be suffering from mange or other infectious disease shall be forthwith reported to the Animal Control Officer.
(I) Extermination of vicious animals. Whenever the Animal Control Department shall find any dog, cat or another animal running in packs, vicious or in such condition as to be too dangerous to capture, then the Animal Control Officer is authorized to dispose of the animal where it may be found.
(J) Prohibition of experimentation on impounded animals. No impounded animal shall be sold or give to any person, procurer or agent for the purpose of experimentation.
(Ord. 111799, passed 12-15-1999)