(A) Unclaimed animals. If an animal is not redeemed by the owner during the applicable period of redemption or has been relinquished to the Bureau, the animal shall be disposed of as follows.
(1) After the required period of time for holding an animal has expired, unclaimed animals may be offered to the first member of the public paying the applicable fee. The Bureau Manager shall be authorized not to offer for sale any animal when it is reasonable to believe that continued medical observation of the animal is necessary or for any other exceptional reason. Puppies four months of age or younger shall be kept for seven days. Kittens four months of age or younger may be kept an appropriate length of time to ensure their health. Owner-released or unclaimed animals also may be humanely euthanized at the discretion of the Bureau or may be sold by public auction. Sale may be refused to anyone who, in the opinion of the Bureau Manager:
(a) Is unqualified to own the animal due to drunkenness;
(b) Has a record of cruelty to animals;
(c) Is under 18 years of age;
(d) Has committed acts of harassment to animals residing at the shelter;
(e) Owns other animals which are in violation of requirements of this chapter;
(f) Refuses to comply with adoption requirements of this chapter;
(g) Has released two or more animals to the Bureau in the past six months;
(h) Lacks adequate housing and/or fencing to contain the animals; or
(i) Has any other incapacity.
(2) The Bureau may accept any animal the owner wishes to release to the Bureau. The owner shall sign a release card vesting all rights and title to the animal in the Bureau. All released animals shall immediately be available for public sale or public auction or humane euthanasia as the Bureau Manager deems appropriate.
(3) An employee of the Bureau shall execute a bill of sale to the purchaser of any animal sold, and thereupon the title to the animal shall be vested in the purchaser.
(4) Employees of the Bureau may adopt Bureau animals but shall do so using the same procedures as any member of the general public would.
(5) The Bureau shall have the authority to carry out the humane euthanasia of any animal lawfully taken into custody by the Bureau which is:
(a) Affected with any dangerous, painful, incurable or communicable disease; or
(b) Incurably crippled or suffering incurably after reasonable effort has been made to notify the owner.
(B) Bites. All dogs and cats that bite a person shall be immediately confined for ten days in a place designated by the Bureau Manager or the Health Director. If the owner or the person who controls or possesses the dog or cat that has bitten a person refuses to confine the animal as required by this division, the Bureau Manager or the Health Director may order the seizure of the animal and its confinement for ten days at the expense of the owner. The disposition of an animal other than a dog or cat that bites a person shall be at the discretion of the Health Director in consultation with the consulting veterinarian. If any animal is unclaimed after the ten-day confinement, the Bureau Manager may dispose of the animal, unless the Bureau Manager receives instructions of a different nature from the Health Department.
(C) Disease. Any animal which appears to be suffering from any disease shall not be sold but may be reclaimed by its owner at the discretion of the Bureau Manager on a conditional basis only, provided that the owner provides proper veterinary medical treatment for the animal in accordance with the Bureau Manager's instructions. If the person fails to comply with the instructions, the Bureau Manager shall have the right to seize the animal since the release of the animal has been conditioned upon compliance with those instructions.
(D) Other authorized dispositions. Animals that are available for sale to the general public and that qualify for use by the Town Police Department, for use by the U.S. Customs Department or other affiliated organization, or for use by a local veterinarian as a blood donor may, at the Bureau Manager's discretion, be released to these organizations at no charge.
(1995 Code, § 10-120) (Ord. 2005-02, passed - -2005)