§ 90.08 IMPOUNDING PROCEDURES.
   (A)   Establishment of pound and designation of Animal Control Officer. The Council shall establish a pound and a qualified Animal Control Officer shall be hired by the Council who shall attend to the maintenance of said pound and be responsible for the enforcement of this subchapter. The Animal Control Officer shall be responsible to the Chief of Police.
(1992 Code, § 1025:40)
   (B)   Interference with officers. No unauthorized person shall break open the pound nor attempt to do so, nor take or let out nor attempt to take or let out any animals therefrom, nor take or attempt to take from any Animal Control Officer or police officer any animal taken up by said Animal Control Officer or police officer in compliance with this subchapter, nor in any manner interfere with or hinder such Animal Control Officer or police officer in the discharge of duties.
(1992 Code, § 1025:45)
   (C)   Impounding.
      (1)   Animals found running at large shall be impounded as soon as possible by the Animal Control Officer or by his or her assistant, if any, or by a police officer, if the Animal Control Officer or his or her assistant is not available, or by any person on whose premises the animal may be at large. If, after exercising reasonable efforts, the Animal Control Officer or his or her assistant or a police officer is unable to capture an animal which is not wearing a vaccination tag, or is unable to capture a vicious animal whether or not the vicious animal wears a tag, then any police officer shall have the right to shoot such animal within the corporate limits of the city, having due regard for the safety of persons and property which might otherwise be injured by gunfire. The Animal Control Officer, upon receiving any animal, shall make a complete registry entering the breed, color and sex of such animal, and the name and address of the owner if known.
      (2)   Any person, not the Animal Control Officer or a police officer of the city, impounding or seizing any animal so found running at large upon the premises of another shall, within six hours thereafter notify the Animal Control Officer of said impounding, whose duty it shall be to call for such animal and impound it in the official pound. Any person, not an officer of the city, seizing or picking up any animal running at large on his or her premises or the premises occupied by him or her shall not keep the animal any longer than six hours without notifying the Animal Control Officer or surrendering it to the owner. If the name of the owner of such animal so seized or impounded is known to the person who first takes such animal into custody, he or she shall inform the Animal Control Officer of the name of the owner and the address, if known. The authority given to any person, not the Animal Control Officer or a police officer, to impound or seize any animal so found running at large upon the premises of another, is discretionary, and in the execution thereof, said persons shall not be deemed to be the agent or employee of the city, nor shall the city be held responsible or liable for the consequences of any person so acting.
(1992 Code, § 1025:50)
   (D)   Notice to owners and redemption.
      (1)   After the impounding of any animal, the owner shall be notified, if the ownership is known by the Animal Control Officer. The owner of any animal so impounded may reclaim such animal upon payment of the impound fee and of all costs and charges incurred by the city for impounding and maintenance of said animal. All veterinarian expenses incurred for such animal under this subchapter shall be paid by said owner at such time, including a charge to reimburse a veterinarian for rabies inoculation if evidence of inoculation is not available.
      (2)   The Council shall establish a schedule of kennel license fees, impound fees and daily board charges, and from time to time review and amend said schedule. All charges and fees collected shall be remitted by whomever collected to the Clerk-Treasurer and accurate records shall be kept thereof.
(1992 Code, § 1025:55)
   (E)   Disposition of unclaimed and diseased animals. It shall be the duty of the Animal Control Officer to keep all animals so impounded for a period of not to exceed five days. Any animal which is not duly claimed within five days after impounding may be sold to anyone desiring to purchase the animal. Any animal which is not claimed by the owner or sold shall be painlessly killed by the Animal Control Officer.
(1992 Code, § 1025:60)
   (F)   Proceedings for destruction of certain animals.
      (1)   (a)   Upon sworn complaint to a court of proper jurisdiction that any one of the following facts exist, the presiding officer of said court shall issue a summons directed to the owner of said animal, commanding him or her to appear before said court to show cause why said animal should not be seized by the Animal Control Officer or any police officer and disposed of in the manner authorized in this subchapter:
            1.   Any animal at any time has destroyed property or habitually trespasses in a damaging manner on the property of persons other than the owner;
            2.   Any animal at any time has attacked or bitten a person outside the owner’s or custodian’s premises;
            3.   Any animal is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on the public streets or highways;
            4.   Any animal is a public nuisance as heretofore defined; or
            5.   Any animal is running at large in violation of this chapter.
         (b)   Such summons shall be returnable not less than two, nor more than six, days from the date thereof and shall be served at least two days before the time of appearance mentioned therein. Upon such hearing and finding the facts true as complained of, the court may either order the animal killed or order the owner or custodian to remove it from the city, or may order the owner or custodian to keep it confined to a designated place. If the owner or custodian violates such order, the Animal Control Officer or any police officer may impound any animal described in such order. The provisions of this section are in addition to and supplemental to other provisions of this chapter.
         (c)   Costs of the proceedings specified by this section shall be assessed against the owner or custodian of the animal, if the facts in the complaint are found to be true.
      (2)   Whenever an officer has reasonable cause to believe that a particular animal presents a clear and immediate danger to residents of the city because it is infected with rabies or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such animal, may summarily destroy said animal.
(1992 Code, § 1025:65)
Penalty, see § 90.99