(A) Holding period. Impounded animals which are not claimed by their owner shall be kept for a minimum of 3 days, except:
(1) When given to be disposed of by an owner, keeper or harborer, in which case the animal shall be held until the next calendar day before making a disposition. The owner, keeper or harborer of the animal shall execute a waiver or release granting the Animal Control Officer or his or her agent exclusive and total authority to dispose of the animal in any humane fashion, including but not limited to killing, and shall execute a release from liability associated therewith.
(2) When an animal arrives at the shelter in so sick or injured condition that, in the judgment of the Animal Control Officer or a licensed veterinarian, human compassion requires that the suffering be promptly ended. In such instance the time period shall not apply and the animal will be humanely killed to prevent needless suffering.
(3) When an animal has previously been kept for a minimum of 3 days by the political subdivision surrendering the animal and it is certified that the animal has been held for the required length of time.
(B) Disposition of animal after expiration of holding period. Whenever any animal shall remain in the animal shelter or other place of impoundment for a period longer than 3 days from the impounding of the animal (except those animals impounded for disease control observation, in which case the period shall begin upon the expiration of the applicable observation period), the animal shall be disposed of in a humane manner by the Animal Control Division.
(C) Unlawful disposal. No Animal Control Officer shall dispose of any captured or impounded animal except through the procedures provided for by this chapter. No Animal Control Officer shall hold a commercial animal establishment permit.
(D) Adoption. The city may, in lieu of having an unclaimed animal killed as provided in this section, give the animal into the custody of any adult requesting adoption of a specific animal as a pet after viewing it, providing that the person agrees that he or she will humanely care for such animal and will not permit its use for breeding, guard, laboratory, experimental or illegal purposes. No animal shall be so adopted until after such time as arrangements are made, satisfactory to an Animal Control Officer, for the spaying or neutering of the animal if the animal is of an age and condition that spaying or neutering can be performed safely on the animal. Failure to spay or neuter pursuant to the requirements of this division shall constitute a violation punishable as a Classification I violation of § 90.99, and the Court shall, in addition to the fine, direct that the animal be spayed or neutered.
(E) Impoundment fee and boarding fee. An impoundment fee shall be charged when any animal is picked up by an officer of the city, or an agent thereof, and transported to the animal shelter or other city-designated place of impoundment. The fee for the care of any dog or cat during the period of impoundment shall be at a rate for each day or portion of a day that the dog or cat is impounded, provided that the dog or cat is impounded for less than 6 consecutive days or portions thereof. If a dog or cat is impounded for more than 5 consecutive days or portions thereof, the fee for the care during the period of impoundment shall be at a rate for each day, or portion thereof, of impoundment. The fee shall be increased by the actual amount of any unusual expenses incurred either in the impoundment or the care of the animal. An owner or keeper must pay these fees in full to obtain custody of his or her animal, but the payment is not required for animal adoption by a person from another household.
(F) Surrender fee. Animals impounded which come from outside the city limits shall be paid for by the owner, keeper or harborer of the animal or by the political entity from which the animal originated. In the case of voluntary surrender of an animal, as described in divisions (A)(1) or (3) of this section, the owner, keeper or harborer who resides outside the city limits shall pay a surrender fee, in an amount as established by resolution of the Council, for each occurrence of surrender. A resident of the city shall pay no fee in the case of voluntary surrender as provided for in division (A)(1) of this section. Except for animals voluntarily surrendered as provided for in divisions (A)(1) and (3) of this section, for each animal which is impounded and originates from outside the city limits, if not claimed by the owner, a per-day fee in an amount set by Council resolution shall be paid by the political entity from which the animal is brought.
(Prior Code, § 8-18) (Am. Ord. 3768, 8-4-2009)