§ 90.09 IMPOUNDMENT OF VICTIMIZED ANIMALS; OWNER'S APPEAL.
   (A)   In the event that the Animal Shelter Manager or delegate finds a domestic animal to be a victim of cruelty, neglect, or abandonment as defined by §§ 90.06 through 90.08, he/she shall have the right to remove or cause to have removed any such animal to a safe place for care, or to euthanize such animal when necessary to prevent further suffering, all at the owner's expense. Return to the owner may be denied or withheld until the owner shall have made full payment for all expenses incurred. Treatment of an animal by any method specified in this section does not relieve the owner of liability for violations and for any accrued charges.
   (B)   The owner of an animal that has been impounded may appeal, in writing, the impoundment to the Administrator within seven days of impoundment. The Administrator will appoint a hearing official and, after proper notice, a hearing shall be held to determine if such animal was the victim of cruelty, neglect, or abandonment. The hearing officer may find that the animal is a victim of cruelty, neglect, or abandonment if:
      (1)   Such animal was abandoned;
      (2)   Such animal was not provided by the owner (or agent) with sufficient water, proper food, shelter to provide protection from the weather, or veterinary care to prevent suffering; or
      (3)   Such animal was a victim of an act cited in § 90.08.
   (C)   If the hearing officer finds that the animal is a victim of cruelty, neglect, or abandonment, then he shall order appropriate remedies, including, but not limited to, proper veterinary care, humane destruction of the animal, or refusal to return such animal to the owner, and shall assess all costs to the owner for enforcement of the appropriate remedy, and for impoundment and boarding of the animal.
(Ord. E-19-97, passed 5-29-2019) Penalty, see § 90.99