(A) Unrestrained animals may be taken by the Police Department or ACO, and impounded in the County Humane Society animal shelter, and there be confined in a humane manner. The ACO shall record all impoundments under this section. That record shall be kept in a book maintained for that purpose and shall be entered immediately following impoundment. The record shall state the date of the impoundment, a description of the animal, whether any license required under this chapter has been obtained.
(B) It shall be unlawful to permit any animal of any kind to run at large within the town. Any animal found running loose on the streets, sidewalks or other public property within the town shall be taken to the Orange County Humane Society to be held according to the rules of the Humane Society. Whenever any animal running at large is not catchable and the owner of the animal cannot be identified or located, the animal shall be darted or tased by the ACO, town employee, or police officer and impounded. If the owner of the animal is identified and located, the owner shall immediately take control of the animal, or assist in the seizure of the animal. In either instance, the owner shall be considered in violation of this section and subject to penalties for such violation as set forth in § 90.05(F) or § 90.10.
(C) The ACO shall give public notice of the impoundment by posting one copy of a document stating the date of impoundment and containing a description of the animal. This document shall be posted on the bulletin board in the town hall lobby.
(D) The ACO shall also notify the owner of any animal licensed under this section if that animal is impounded. Sufficient notice shall be constituted by ordinary mail to the last known address, by verbal notice of the owner or by written notice at the door of the owner’s residence.
(E) The owner of any impounded animal may reclaim it by paying all costs and charges incurred by the town and the animal shelter prior to reclamation. The owner must also produce adequate proof that the animal has obtained all required licenses and rabies vaccination certificate.
(F) The town shall charge a fee of $10, plus $2 for each day of impoundment, with a maximum fee of $50. Any animal impounded by the ACO that must be isolated for any reason, such as rabies or other disease, shall be subject to the normal impoundment fee of $10, plus a daily fee of $4. There shall be no maximum impoundment fee for an animal requiring isolation. The owner shall be liable for the cost of any inoculation or other veterinary service deemed necessary by the ACO during the impoundment.
(G) If any impounded animal with ownership identification is not reclaimed within 20 days following the posting of the public notice required by this section, the ACO shall instruct the animal shelter to humanely destroy that animal. Animals without any ownership identification will be classified as unwanted strays and may be destroyed within 20 days after the posting of public notice. Animals may be adopted immediately after public notification with the understanding that if a previous owner is found within five days of public notice the animal will be returned upon payment of any reasonable expenses to the adopter, and payment of any fines, impoundment fees, and the like, to the town.
(H) Any animal eligible for release may be released by the ACO to any responsible person following the expiration of the five days set forth above. That person shall, for the purposes of this section, assume ownership upon claiming the animal. No animal shall be released under this section until the responsible person pays all charges due under division (F) of this section.
(I) No unspayed or unneutered dog or any dangerous animal shall be released to any responsible person other than its owner. No animal that was considered dangerous at the time of impoundment by the ACO shall be released to its owner if it is still considered a dangerous animal by the ACO. If such animal is no longer considered to be a dangerous animal by the ACO, the animal shall be released to its owner if all impoundment fees are paid, if the animal has had a rabies vaccination within the previous year and if the owner signs a statement indemnifying the town and its officers, employees and agents from all liability which may arise from the actions of the animal.
(J) The ACO shall also act as the town’s agent under I.C. 15-5-9-14 in impounding all dogs upon which no license fee has been paid on or after June 15 of each year. Any such animal may be released to its owner upon proof that the impoundment fees set out in this section have been paid, that the dog has been licensed by the town and has been vaccinated against rabies. If any dog impounded under this section is not reclaimed within 20 days following its impoundment, the ACO may humanely dispose of the animal or release it as provided for in division (G) of this section.
(Ord. 1997-6, passed 5-5-97; Am. Ord. 2015-03, passed 4-21-15)
Editor’s Note:
I.C. 15-5-9-14 was repealed by P.L. 162-2006, effective 7-1-06.