This section governs all dogs within the corporate limits of the town:
(A) (1) It shall be the duty of the Town Marshal to cause any of the following described dogs to be captured:
(a) Any dog which is more than six months of age, and, after June 15 of any year, on which the township tax has not been paid, or which does not have a collar of leather, iron, copper, brass or other durable material to which shall be attached the license check and/or dog tag showing the aforementioned tax paid;
(b) Is running at large unaccompanied by its master or owner or owner’s agent; or
(c) Is more than six months of age and has not been vaccinated against rabies.
(2) Any dog captured in accordance with this division (A) shall be kept or disposed of in the manner hereafter provided; however, the Town Marshal or other enforcement officer may immediately destroy, by the safest and most humane means available, any vicious, ferocious or apparently rabid dog which, in his or her opinion, cannot be safely captured or held by reasonable and ordinary means.
(B) A dog taken into custody by the Town Marshal shall be disposed of as follows:
(1) If the owner of the dog is known or can be determined within a 24-hour period from the taking up of the dog, the Town Marshal may hold the dog for such period, and, subject to the provisions of division (C) below, the owner may reclaim the dog upon payment to the Clerk-Treasurer of the following sums, as applicable:
(a) Twenty-five dollars per day or portion thereof (or the maximum per diem fee) for the care and keeping of the dog if the only reason for its taking up was failure to have a township tax tag; or
(b) If the dog was taken up for any other cause, a fee for the care and keeping of the dog must be paid as follows: $5 on the first occasion of taking up the dog; $10 for the second taking up; and $25 for all subsequent times that the same dog is taken up.
(2) Subject to the provisions of division (B)(3) below, if the Town Marshal finds that it is not feasible to hold the dog for 24 hours, or if such 24-hour period has expired, the Town Marshal may:
(a) Deliver the dog to the nearest or most convenient municipal, county or Humane Society pound which will accept the dog, and will agree not to release the dog to its owner or keeper without the authorization of the Marshal;
(b) Release the dog into the custody and possession of any person over 18 years of age who pays to the town the fees, owing pursuant to division (B)(1) above;
(c) Sell the dog, the proceeds to be deposited in the General Fund for the benefit of the town; or
(d) Humanely destroy the dog, or authorize its destruction by the officials of any pound to which it has been delivered.
(3) However, notwithstanding any other provision, if the only cause for taking up the dog was failure to have a township dog tax tag, the Marshal shall keep or provide for a pound to keep the dog in custody for reclamation by its owner for a period of not less than 20 days (or the minimum period then required) before any other disposition is made under division (B)(2) above.
(C) No dog taken up hereunder may be released to its owner or keeper without the authorization of the Marshal, which, shall only be given if:
(1) Evidence, is given that the township tax has been paid, if owing;
(2) The dog is vaccinated against rabies by a qualified veterinarian, at the expense of the owner, if not previously vaccinated; and
(3) The fees required under division (B)(1) above are paid to the town.
(D) In addition to any liability for costs as herein provided, any owner, keeper or harborer of a dog who permits his or her dog to be in violation of divisions (A)(1)(a), (A)(1)(b) or (A)(1)(c) above shall be liable for citation, prosecution and penalties as provided by law for violation of the respective statutes therein indicated.
(1984 Code, § 4-3-2) (Ord. 495, passed 2-17-1976) Penalty, see § 90.99