(A) Animals found in cruel, abusive or neglectful situations, animals trained, bred or kept for the purpose of animal fighting or animals that have been abandoned as defined in this chapter or under state law may be promptly seized if no immediate contact with the owner or keeper can be made. The officer shall leave written notice stating the location of the animal and the reason for impoundment.
(B) When, in the opinion of the Animal Control Director or Officer, a diseased or injured animal, taken into custody, is in need of immediate treatment, so as to lessen the animal’s suffering or to prevent the spread of a communicable disease to other animals, the animal shelter shall immediately obtain the services of, or place the animal with, a licensed veterinarian for the purpose of administering necessary treatment. Animals displaying signs of illness or injury at the time of impoundment will be treated immediately at the expense of the owner/keeper. Any animal displaying clinical signs of illness or injury that, in the opinion of a licensed veterinarian, would cause undue suffering to that animal or pose a substantial health risk to other animals in the shelter shall be immediately humanely euthanized. In the absence of an available veterinarian, the animal shelter kennel manager will consult with the Executive Director or President of the Board of Directors of the animal shelter if he or she feels that euthanasia is needed to prevent the animal from undue suffering. The decision to euthanize will be documented in a written report, which will include the reason for euthanization. This action may be taken to control the spread of disease or to eliminate any further pain and suffering of an animal.
(C) Animals so removed will be impounded and held at the animal shelter or other designated facility until such time the violator is in compliance with this chapter. In no event shall this period exceed ten days, at which time the animal shall become the property of the animal shelter, unless an extension is necessary for the involved county law enforcement agency to have ample time to prepare a court case if prosecution is warranted, and a bond is posted as provided in division (F) below. In the case of animals impounded for quarantine at the animal shelter, the animal will become the property of the animal shelter if not claimed, and all fees paid, by closing time of the shelter on the eleventh day of the quarantine.
(D) Animals impounded for reasons beyond the control of the owner, such as, but not limited to, a house fire, death of the owner or arrest of the owner, will be held for ten days during which time a reasonable effort will be made to contact the owner and/or his or her representative. After the tenth day of impoundment, the animals will become the property of the animal shelter.
(E) Animals awaiting disposition by the courts shall remain in the custody of the animal shelter or other designated facility unless such disposition is made, or placed in a foster home until legal arrangements have been completed.
(F) Pursuant to impoundment of an animal under this section, any county law enforcement agency and/or the animal shelter may file a petition with the court requesting that the owner or keeper of the animal post a bond to cover the costs of care of the animal while it is in the custody of the animal shelter. This petition shall be accompanied by an affidavit or statement from the animal shelter that sets forth an estimate of the reasonable expenses that the animal shelter expects to incur while providing for the care of the animal. Reasonable expenses include, but are not limited to, the estimated cost of veterinary care, including vaccinations, food and board for the animal. The owner or keeper of the animal shall be provided written notice of the petition by personal service or certified mail. Any such mail shall be sent to the last known residence or, if the address is not known, such notice shall be sent to the address from which the animal was seized. Refusal to accept certified mail or failure to receive mail due to other delays will not negate this division (F).
(1) The court in which the petition is filed shall hold a hearing on the petition. At the hearing, the filing law enforcement agency from the county has the burden of proving that there is probable cause to find that the animal was the subject of a violation as listed under, any subchapter, section or division of this chapter. If the court finds that probable cause exists, the court shall order the owner or keeper of the animal to post bond to cover the cost of the care of the animal for a minimum of 30 days.
(2) Bond must be posted within a maximum of three business days following the bond hearing judgment. If bond has not been posted with the allotted three days, the animal immediately becomes the property of the animal shelter. In lieu of posting said bond, the legal owner may immediately relinquish ownership of the animal to the HSPC. The owner, however, will remain responsible for any and all costs associated with caring for the animal (boarding, veterinary care, medications and the like) incurred during the time that the animal is impounded prior to the court hearing.
(3) Bond must be posted at the animal shelter animal shelter in cash or certified funds only. The bond shall be deposited into the county’s General Fund, in a specific sub-account for animal control cases. The animal shelter may draw on this account to cover the actual expenses incurred in the care of the animal.
(4) If, at the end of 30 days, the matter for holding said animal(s) has not been adjudicated, another bond must be posted. The renewal bond must be paid no later than the close of business on the thirtieth day. If the thirtieth day should fall on a weekend or holiday, the bond must be posted by the close of business on the last regular business day prior to the weekend or holiday. The bond must be renewed every 30 days thereafter until the matter is adjudicated by the court having jurisdiction. Failure to repost bond at the end of any 30-day period will be considered voluntary relinquishment of the animal(s).
(5) Upon conviction of the accused, the court at its discretion may order any remaining bond money and/or animal(s) forfeited to the animal shelter.
(6) In the event of the acquittal or final discharge, without conviction of the accused, the court shall direct the delivery of the animal(s) and any bond posted to the owner or keeper/responsible person less any reasonable medical, housing and administrative costs. Reasonable expenses incurred by the shelter will be paid from the animal control sub-account.
(G) This section applies to any and all animals held as impounded at the animal shelter, other designated facility or under the direction of any county law enforcement agency.
(Ord. 2006-12-18, passed 12-18-2006)