(A) Cause for impoundment. It shall be the duty of the Animal Control Officer to apprehend and impound in such animal shelter any dog, cat or any other animal found doing any of the following acts or being kept or maintained in any of the following conditions, unless provided herein:
(1) Running at large, not conforming to § 93.03(A);
(2) Not confined, as provided in § 93.03(B), (C) and (E);
(4) Abandoned, as provided in § 93.04(D);
(5) Entering private property causing injury to person or property in violation of § 93.03(F) and (G);
(6) Upon the verified written complaint made to the Animal Control Officer of a violation of this chapter;
(7) Upon order of the court following a conviction of any person for violation or violating any provision of this chapter.
(B) Official warning in lieu of impoundment. The provisions above notwithstanding, in lieu of impounding any animal under division (A) of this section, the Animal Control Officer may issue an official warning to the owner or person having custody of such dog, cat or other animal.
(C) Notification of impoundment. Not later than 48 hours after the impounding of any dog, cat or other animal, except if such impoundment is by reason of subsection (A)(8), the caretaker of the animal shelter shall notify the owner or person having custody of such animal, if known, by ordinary United States Mail or by telephone of such impoundment and the reason thereof. In the event that the owner is unknown, no notification will be deemed necessary.
(D) Notification and redemption of impounded animal. At the time of giving notice to the owner or person having custody of an impounded dog, cat or other animal such owner or person having custody of such animal shall also be notified whether such dog, cat or other animal may be reclaimed and redeemed. The decision as to whether an impounded dog, cat or other animal may be redeemed by the Animal Control Officer is such officer’s sole discretion giving due consideration to the reason for the impounding.
(E) Fees for redemption of impounded animal. An owner or person having custody of an impounded dog, cat or other animal, who has been notified that such dog, cat or other animal may be reclaimed and redeemed, may reclaim and redeem the same upon payment of the following fees and upon fulfillment of the following obligations:
(1) If the dog, cat or other animal has been picked up or captured by a town employee, police person or other authorized agent of the town, the owner or person having custody of such animal shall pay a redemption fee as provided by the schedule per the Hancock County Animal Control Authority, except for the case in which the impounded animal is female and is in heat that has not been restrained in accordance with § 93.03(B), in which case the owner or person having custody of such animal shall pay a redemption fee as provided;
(2) Notwithstanding any other provisions of this chapter, no dog or cat impounded shall be released if such dog or cat has not been registered, licensed and tagged as provided in this chapter and by Indiana law, until such requirements have been satisfied. In addition, if the impounded dog or cat is not required to be licensed, before the dog or cat shall be released, the owner or person having custody of such animal shall have the dog or cat inoculated against rabies and certify the same to the Animal Control Officer.
(F) Licensed Tagged or Redeemed. All dogs, cats or other animals impounded under this code and not registered, licensed, tagged and redeemed shall be disposed of in a humane manner after the expiration of the following time periods according to County Animal Control Guidelines:
(1) Three days after notice is given to the owner or person having custody of such animal as required under division (C) of this section;
(2) Five days after impoundment when the owner or person having custody of such animal is unknown;
(3) After the animal has been impounded for the third time within a 12-month period; or
(4) At the time fixed by the court under division (A) of this section; provided, however, that the dog, cat or other animal which appears to be suffering from mange or other infectious or contagious disease, except rabies, may be disposed of immediately upon impoundment. Any animal destroyed which is believed to be suffering from mange or other infectious disease shall be forthwith reported by the Animal Control Officer. All animals believed to be suffering from rabies shall be handled in the manner specified in § 93.05.
(G) Extermination of vicious animals. Whenever the Animal Control Department shall find any dog, cat or other animal running in packs, vicious or in such condition as to be too dangerous to capture, then the Animal Control Officer is authorized to dispose of the animal where it may be found.
(H) Prohibition of experimentation on impounded animals. No impounded animal shall be sold or given to any person, procurer or agent for the purpose of experimentation.
(Ord. 070196B, passed 7-1-96; Ord. 20170107, passed 1-7-17)