A. Impounding Authorized: A dog which is running at large, or is a "nuisance" as herein defined, or is unlicensed is in violation of this chapter, and may be impounded by the city ordinance control officer, or his/her agent, or by a police officer or representative of Malheur County, or a representative of a city approved animal shelter.
B. Regulations And Fees:
1. Licensed Dogs:
a. Whenever a dog, licensed according to section 6-2-3 of this chapter, is impounded pursuant to the provisions of this chapter, the city ordinance control officer, his/her agent, a police officer, or a representative of a city approved animal shelter shall forthwith make every reasonable attempt to locate the owner of the dog.
b. If after seven (7) days the owner of the dog is not located, the dog may be humanely killed or disposed of to a person agreeing to provide it a suitable home.
c. The owner, possessor or keeper of an impounded dog shall be required to pay all fines and boarding fees regardless of whether or not the dog is claimed.
2. Unlicensed Dogs:
a. If the owner, possessor or keeper of the dog is not known to the impounding officer, his/her agent, a police officer, or a representative of a city approved animal shelter, the dog shall be impounded for five (5) days.
b. If, after five (5) days, the dog has not been claimed by the owner, possessor or keeper of the dog, the dog may be humanely killed or disposed of to a person agreeing to provide it a suitable home, except that destruction may be made in less time when the dog is sick or injured and should be disposed of for humanitarian reasons.
3. Impounding Fee: The city is hereby authorized to charge and collect for impounding dogs a fee established by city council resolution. The fee is required to be paid to the ordinance officer or agent prior to the release of the dog from the city approved animal shelter.
4. Proof Of Licensing And Vaccination: The owner, possessor or keeper of the dog is to show proof of compliance with the city dog license and rabies vaccination requirements before the dog may be released.
C. Right Of Appeal:
1. A dog owner whose dog is impounded and who has been notified of the impoundment, within the days of required impoundment, believing to be aggrieved by the seizure and impounding of his dog, may apply to the municipal judge for the release of the dog.
2. The municipal judge shall thereupon set a time and place for hearing the application and notify the impounding officer, and upon a summary hearing at such time and place, the municipal judge shall have full power to determine whether the dog has been wrongfully impounded and whether it shall be returned to its owner, and upon what term.
3. Payment of the impoundment fee shall not prejudice an owner's right of appeal of an alleged wrongful impoundment. (Ord. 630-10, 1-11-2011)