(A) It is the duty of every owner of any dog or other animal to know its whereabouts at all times. In the event that any dog or other animal is impounded, the owner shall comply with the provisions of this chapter and provide proof of ownership within 96 hours, or it shall be subject to disposal as provided in § 5-1-13.
(B) The owner of any impounded dog or other animal not suspected or known to have dangerous or vicious propensities, or impounded on the belief said animal is repeatedly at large, or is a nuisance, or which has been the subject of abuse may redeem the same within 96 hours of impoundment by accepting a citation for violation of any ordinance of the city for which the owner may be properly charged, and posting any boarding fees to the animal shelter in accordance with its established fee rates.
(C) Any unlicensed dog that is impounded may only be redeemed by the owner procuring a license, as required by § 5-1-2, in addition to paying the fees herein prescribed.
(D) It shall be the duty of the owner of any impounded dog or other animal suspected or known to have dangerous or vicious propensities, or impounded on the belief said animal is repeatedly at large, or is a nuisance, or has been the subject of abuse, to petition the Ronan City Court for release of the dog or other animal within 96 hours of the dog or other animal being impounded. If the owner does not file such a petition within 96 hours of the animal being impounded, the animal shall become the property of the city and subject to disposal as provided in § 5-1-13.
(E) If an impounded dog has not been spayed or neutered ("unaltered") and is impounded a second time within three years, the dog shall be altered prior to redemption at the owner's expense.
(F) If an impounded animal is suspected or known to have dangerous or vicious propensities, or impounded on the belief said animal has been repeatedly at large or is a nuisance, or has been subjected to abuse it shall not be released to the owner unless and until a hearing is held before the Ronan City Court to determine under what conditions, if any, such animal shall be released. During the hearing, the court will hear evidence to determine whether the animal should be declared a dangerous or vicious animal, has been repeatedly at large or is a nuisance or the animal has been subjected to abuse. The Court shall also hear evidence that the actions by the animal were the result of the animal being provoked by the person injured, making the complaint or otherwise negatively affected by the actions of the animal. The Court shall hear any recommendations by the police officer. If a determination is made that the animal is dangerous, vicious, has been repeatedly at large or is a nuisance or the animal has been subject to abuse, the owner shall be ordered to comply with provisions or conditions made by the court, including, but not limited to, ordering confinement of the animal in a secure enclosure and imposition of impoundment and associated costs, including any cost of destruction.
(G) In addition to the procedure herein, a complaint may be filed in Ronan City Court against the person redeeming or seeking the release of any dog or other animal impounded for violation of any provision of this chapter.
(H) It is an affirmative defense in any proceeding by or against the owner of the animal that the actions by the animal were the result of the animal being provoked by the person injured, making the complaint or otherwise negatively affected by the actions of the animal.
(Ord. 2022-05, passed 10-26-2022)