(A) If there is reasonable cause shown that the offending dog under § 90.41 may constitute a hazard to the safety of the public at large during the pendency of any action commenced thereunder, the court may order, upon receipt of an affidavit by appropriate law enforcement officer or Animal Control Officer of the city, such dog impounded pending the outcome of such proceedings. Any person who owns, keeps, harbors, maintains, or controls any dog involved in such impoundment shall pay all expenses to the city, including shelter, food, veterinary expenses, boarding, or other expenses necessitated by the impoundment of the dog for the protection of the public and other expenses as may be required. The city may require such person, prior to expiration of ten days after the date of impoundment, to pay an amount sufficient to pay all reasonable expenses incurred in caring and providing for the dog, including estimated medical care, for 30 days, inclusive of the date on which the dog was impounded. If such payment is not made prior to expiration of such ten-day period, the dog shall become the property of the city to be disposed of as the city deems appropriate. Such payment shall be required for each succeeding 30-day period. If any such payment is not made prior to the end of each succeeding 30-day period, the dog shall become the property of the city to be disposed of as the city deems appropriate.
(B) The amount of the payment shall be determined by the city based on the current rate for board at the Animal Shelter and the condition of the dog after its examination by a veterinarian acting for the city. Any such payment received by the city in excess of the amount determined by the city to be due for the board and care of the dog shall be refunded by the city upon expiration of the order of impoundment. Notwithstanding the foregoing, if the owner or custodian is found not guilty in any legal proceeding brought under this section, the owner or custodian shall only be required to pay the veterinary expenses and one-half of the board and care fees determined by the city to be due, unless waived.
(C) Notwithstanding the foregoing, if it is determined by a veterinarian acting for the city that such dog is diseased or disabled beyond any useful purpose, the dog shall immediately become the property of the city to be humanely disposed of as the city deems appropriate.
(Ord. 2012-16, passed 2-19-2013)