(A) The Animal Control Officer shall keep any animal impounded for violation of the provisions of this chapter or turned over to him or her for disposal for the period of time hereinafter specified and may dispose of the same in accordance with the following provisions.
(1) Unlicensed dogs. Unless an unlicensed dog shall have been redeemed within 72 hours after being impounded, it may be sold by the Animal Control Officer, provided that the purchaser shall not be given possession of any dog until he or she has paid a license fee for the same and has paid the fees as are required for redemption. At any time after the expiration of the period, the Animal Control Officer may destroy it in a humane manner.
(2) Licensed dogs. Unless a licensed dog shall have been redeemed within 72 hours after impoundment, the dog may be sold by the Animal Control Officer the same as an unlicensed dog. The Animal Control Officer shall notify the registered owner of the dog of the impoundment of the dog. Notification shall be by mail to the address shown in the licensing records of the city, the notice to be given within 24 hours of impoundment. At any time after the expiration of the period, the Animal Control Officer may destroy it in a humane manner.
(3) Stray cats. A stray cat, voluntarily impounded, shall be kept for a period of at least 72 hours. At any time after the expiration of the period, the Animal Control Officer may, unless the animal is redeemed, destroy it in a humane manner. If a stray cat is redeemed by an owner, it must be spayed or neutered and all fees paid.
(4) Other animals. The Animal Control Officer shall keep any other impounded animal for a period of at least 72 hours. At any time after the expiration of the period, the Animal Control Officer may, unless the animal is redeemed or unless a bona fide home has been obtained for the animal and unless there are other requirements by law, destroy it in a humane manner.
(5) Medical research. No animal shall be sold or otherwise disposed of for the purpose of medical research or other commercial uses.
(6) Vicious dogs.
(a) Any dog which has been impounded as a result of having bitten a person without reasonable provocation shall be destroyed, subject to the provisions of division (A)(6)(d) below.
(b) The owners, if known, of any dog which has been impounded for the first time for a violation of § 4.39, but has not been accused of biting a person, shall be given notice of the impoundment of the dog. The owners shall be permitted to regain custody of their dog upon payment of the pound fees.
(c) Dogs, which have been impounded for the second time for violation of § 4.39, shall be destroyed subject to the provisions of division (A)(6)(d).
(d) Notice of intent to destroy the dog shall be given the owner thereof, if known, who shall have three days in which to petition that the dog not be destroyed.
(B) The petition shall be directed to the Chief of Police, who shall have the authority to direct that the dog not be destroyed, but only upon a factual finding that the human bite was provoked by the victim or if the dog is reasonably believed to be a vicious dog which has not bitten anyone, or upon a factual finding of mitigating circumstances justifying the violation which caused impoundment of the dog.
(`61 Code, § 4.5) (Ord. 703, passed 10-19-1982; Am. Ord. 780, passed 8-4-1987)