(A) Reasons for impoundment. In addition to any other remedies provided in this chapter, a Police Department representative may seize, impound and confine to an animal shelter or hospital, subject to legal authority to enter upon the premises, any of the following animals:
(1) Any dog over four months of age without a valid license tag.
(2) Any animal at large.
(3) Any animal constituting a public nuisance as defined in § 90.04 or considered a danger to the public.
(4) Any animal that is in violation of any quarantine or confinement order of the Chief of Police.
(5) Any unattended animal that is ill, injured or otherwise in need of care.
(6) Any animal that is reasonably believed to have been abused or neglected.
(7) Any animal that is reasonably suspected of having rabies.
(8) Any animal that is charged with being potentially dangerous, or where an Animal Control Officer or other law enforcement officer determines that there is a threat to public health and safety.
(9) Any animal that a court of competent jurisdiction has ordered impounded or destroyed.
(10) Any animal that is considered unattended or abandoned, as in situations where the owner is deceased, has been absent for an extended period of time leaving the animal without proper care, has been incarcerated leaving no one to care for the animal, or has been evicted from the owner’s place of residence.
(11) Any stray dog or other stray animal.
(B) Citation in lieu of impoundment. An Animal Control Officer or other law enforcement officer may also, in lieu of impoundment, issue a citation of violation to the owner of the animal.
(C) Notice of impounding. Upon the impounding of any animal, the Animal Control Officer or other law enforcement officer shall give notice to the animal’s owner or custodian of the impounding as soon as is reasonably possible without interfering with the officer’s investigation of the incident leading to the impoundment, if the owner is known or can be ascertained by reasonable investigation.
(D) Redemption of impounded animal.
(1) Any animal may be redeemed by the lawful owner or custodian of the animal upon providing proof of legal right to possession of the animal and upon the payment of an impound fee, plus a daily fee to defray part of the cost of maintenance of the animal. Fees may be reduced in cases of hardship or other unusual circumstances.
(2) If the animal to be redeemed is a dog which is not properly licensed by the town or is not in full compliance with all vaccination and licensing requirements set forth in this chapter, the lawful owner or custodian of the dog must pay the current requisite licensing fee to the Humane Society before the dog can be redeemed, and must provide proof to the town of proper vaccination within 15 days following redemption of the dog.
(E) Disposition of animals.
(1) Any animal not redeemed by its lawful owner or custodian within 72 hours after notice of impoundment, or where the owner or custodian is unknown and unable to be ascertained after reasonable investigation within 72 hours after the first day of impoundment, shall become the property of the Humane Society and may be placed for adoption in a suitable home or destroyed only by the use of one of the following methods:
(a) Sodium pentobarbital or a derivative of sodium pentobarbital.
(b) Nitrogen gas.
(c) T-61 euthanasia solution or its generic equivalent.
(2) If an animal is destroyed by means specified above, it shall be done by a licensed veterinarian or in accordance with procedures established by the state veterinarian pursuant to A.R.S. § 3-1213.
(3) A dog or cat that is at least six months of age shall not be released for adoption unless the dog or cat has been first surgically spayed or neutered, or unless the adopting owner agrees to have the animal spayed or neutered within 30 days from the date of adoption. In the case of dogs or cats that have not reached the age of six months, the adopting owner shall agree to have the animal spayed or neutered within 30 days from the date that the animal reaches six months of age. The Humane Society may require proof of the completion of the surgery.
(4) Upon redemption or adoption, any medical expenses or other costs and expenses incurred by the Humane Society shall be reimbursed to the Humane Society, and, in addition thereto, any medical expenses or other costs and expenses incurred by the town shall be reimbursed to the town, all through the redemption or adoption fee.
(5) Any animal abandoned by its owner in the custody of another or on public property or private property other than the animal’s owner, may be delivered to the Humane Society, at which time a reasonable attempt shall be made to determine and notify the owner of the animal’s impoundment. In the event the Humane Society is unable to ascertain the animal’s owner, or in the event that the owner is ascertained but fails to redeem the animal within 72 hours from notice of the impoundment, the animal may be disposed of in accordance with division (E)(1) of this section.
(`82 Code, § 6-2-10) (Ord. 500, passed 6-26-97; Am. Res. 2793, passed 8-14-14; Am. Ord. 854, passed 8-14-14) Penalty, see § 90.99