§ 92.14 IMPOUNDMENT.
   (A)   Any animal found in violation of this chapter may be taken by an officer and impounded in a designated impoundment facility or at a designated holding place and be there confined in a humane manner pending further action pursuant to this chapter or other law. Prior to an animal being transported to the impoundment facility, if the owner or keeper is available within a reasonable time, prior to the animal being transported to the impoundment facility, the animal may be released to the owner or keeper upon him or her paying to the village a service fee as follows:
      (1)   First offense within a 24-month period: in an amount as established by the village by resolution;
      (2)   Second offense within a 24-month period: in an amount as established by the village by resolution; and
      (3)   Third and any further offenses within a 24-month period: in an amount as established by the village by resolution plus costs for obtaining the proper vaccinations, certificates, permits and licenses. Such costs shall apply to each animal subject to this chapter.
   (B)   Whenever any animal is confined by authority of this chapter, it shall be the duty of the officer to release the animal to its licensed owner, upon payment to the village of all applicable fees required by this chapter.
   (C)   The village shall notify the owner of any licensed animal bearing a legible tag of its impoundment. No liability shall attach to the village or to the officer for failure to give such notice if the owner of the animal is not able to be located after reasonable investigation.
   (D)   Impounded animals that are not claimed by their owners shall be kept for the period the village or the impoundment facility determines feasible, but no less than three days, except:
      (1)   When given to dispose of by an owner, keeper or harborer, in which case the animal shall be held until the next calendar day before making disposition. The owner, keeper or harborer of the animal shall execute a waiver or release granting the animal control officer or his or her agent exclusive and total authority to dispose of the animal in any humane fashion, including, but not limited to, euthanizing, and shall execute a release from liability associated therewith;
      (2)   When an animal arrives at the shelter in so sick or injured a condition that in the judgment of the officer or licensed veterinarian, human compassion requires that the suffering be promptly ended. In such instance the time period shall not apply, and the animal will be humanely killed to prevent needless suffering; or
      (3)   When an animal has previously been kept for a minimum of three days by the political subdivision surrendering the animal and it is certified that the animal has been held for the required length of time.
   (E)   Whenever an animal remains in the impoundment facility or other place of impoundment or holding for a period longer than three days (except those animals impounded for disease control observation, in which case the holding period shall begin at the expiration of the observation period), the animal shall be disposed of in a humane manner. No officer shall dispose of any captured or impounded animal except through the procedures provided by this chapter.
   (F)   Whenever any animal is captured and impounded, the owner or harborer of the impoundment facility shall assess intake fees, boarding fees and other costs for maintaining the animal as determined by the facility. The owner or harborer is also obligated for the following fees:
      (1)   Transportation fees of an amount as established by the village by resolution;
      (2)   Service fees as designated herein;
      (3)   Licensing, permit, certificate fees as designated by the village;
      (4)   Required vaccination fees; and
      (5)   Such costs shall apply to each animal subject to this chapter.
   (G)   An owner or keeper must pay the designated fees in full to obtain custody of his or her animal. The fees may be waived by the village and impoundment facility for properly adopted animals, but fees shall not be waived for animals adopted to persons of the same household or closely related to the animal’s owner or keeper or for the purpose of returning the animal to its owner or harborer.
(Ord. 657, passed 6-22-2022)