(A) The animal control officer shall have the power to summarily and immediately impound an animal where there is evidence that the animal is an immediate danger to public safety pending:
(1) Any court proceeding; or
(2) A hearing to be held pursuant to § 13.01.045. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal if the animal is later determined to be dangerous.
(B) It shall be a violation of this section for any person in control of an animal subject to impoundment to fail or refuse to surrender the animal to the animal control officer upon demand.
(C) An animal impounded pursuant to the authority of this section shall be returned to the owner as provided by § 13.01.047, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to § 13.01.045 to declare the animal a dangerous animal has not been served on the owner or custodian within ten working days after the impoundment. (As modified to add § 13.01.044).
(D) In lieu of impounding and if not contrary to public safety, the animal control officer may permit the animal to be confined at the owner's expense in an animal control officer approved kennel or veterinary facility or at the owner's residence provided the owner:
(1) Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the animal control officer; and
(2) Shall make the animal available for observation and inspection by the animal control officer or members of law enforcement or their authorized representatives. The animal control officer shall dictate to the owner the exact way the animal is to be restrained while awaiting the hearing.
(E) The animal control officer may have an animal that has been impounded or confined permanently identified by means of photo identification prior to release from impoundment or confinement.
(F) If there is no reasonable method available to determine ownership of the animal, then the animal may be considered a stray. (HMC § 6.13.050)
(Ord. 836, § 1 (part))