(A) Generally.
(1) Impoundment fee and rabies inoculation. Except as specifically provided in this code, an owner of any animal impounded may reclaim the animal within four days of its impoundment, if the owner is known or the animal is tagged with a rabies tag, city registration tag and/or name tag (hereinafter tagged), or three days if owner is not known and the animal is untagged, provided the owner has paid the impoundment fee established by § 90.076 and the owner has, if applicable (such as in the case of a dog or cat), presented proof of current rabies inoculation and registration, or pays for and allows the animal to be inoculated against rabies. This division shall not prevent charging the owner with violation of any provision of this chapter or limit the responsibility of the owner.
(2) Deferral of impoundment fee. The owner of any animal impounded pursuant to this chapter may request that the payment of any impoundment fees hereunder be deferred until after the owner has had the opportunity for a court hearing relative to the alleged violation of this chapter. Any request shall be accompanied by a statement from the owner acknowledging the fees and that they are payable if the owner is in actual violation of this chapter. If a request if made, a notice of violation shall if issued and served upon the owner, setting forth the violation charged and the court appearance date. In the event the owner pleads guilty or is found guilty of the appropriate violation of this chapter, the impoundment fees shall be payable in addition to any fine assessed by the court. The court shall require the payment of the impoundment fees in the same manner as any fine imposed upon proof of the impoundment fees. The filing of a statement of the owner shall be considered sufficient proof. The statement required may be in substantially the following form:
ACKNOWLEDGMENT OF IMPOUNDMENT FEES
I, the undersigned, being the owner of a certain dog, cat or other animal impounded by the City of Quincy, acknowledge that impoundment fees are claimed by the City of Quincy in the amount of $____. These fees were incurred for a period beginning on the_day of__, 20_, and ending on the_day of_, 20_. If I plead guilty or am found guilty of violating the applicable provisions of Chapter 90 of the municipal code of the City of Quincy, I recognize that the amount shall be payable along with any fine assessed against me by the court.
Dated: This___________________day of_________________.
___________________________________________________
Owner
Receipt.
Payment in the amount of $ _____, received this_____day of 20_.
City Of Quincy Treasurer
By:_____________________________
(B) Destruction. In addition to the provisions for destruction of animals provided under Chapter 90 of the code, in the event any animal is not reclaimed within the four days of its impoundment, if the owner is known or the animal is properly tagged, or three days if the owner is not known and the animal is untagged, the Chief of Police or the Animal Control Officer, may destroy the animal in the most humane manner practicable, or give or sell any unclaimed animal. However, in the case of an unclaimed animal whose owner is unknown, and the third day falls on a day that the facility is not open, then the animal will not be destroyed, sold or given away until the next business day. Any diseased or vicious animal may, however, be destroyed at any time if the animal cannot be safely taken up or impounded. Any animal which is so severely injured or diseased that it would be cruel or inhumane not to destroy the animal, may be destroyed at any time provided that every reasonable effort is first made to contact to owner of the animal. If the owner is not known or cannot be located, the decision to destroy the animal shall be made only after the animal has been examined by Superintendent of the dog pound. The Chief of Police or the Animal Control Officer may extend the period if the animal has bitten or scratched any person to determine if the animal has rabies. In that event, the provisions of the Animal Control Act of the State of Illinois (ILCS Ch. 510, Act 5, §§ 1 et seq.) shall be observed.
(C) Immunity. No law enforcement office or agency or licensed veterinarian shall be held to answer or be liable for damages for the destruction in any action brought by the owner of the animal when destroyed in accordance herewith. Provided further that the Animal Control Officer or his or her designee shall use reasonable diligence to inform the owner of any animal impounded by mailing a notice to the owner, if known, informing the owner that his or her animal is being held.
(D) Feral animals. Any feral animal impounded for a period of 72 hours may be destroyed by the Animal Control Officer or a representative of the city’s designated shelter in a humane manner unless the animal is claimed. For purposes of this division, a FERAL ANIMAL is one that is impounded with no identifying collar or tag and, after evaluation by the Animal Control Officer, is determined to be a wild animal or a domesticated animal which, through neglect or abandonment, has reverted to a wild state.
(1980 Code, § 22.504) (Ord. 9001, passed 1-26-2004) Penalty, see § 90.999