(A) The Board of Commissioners shall enter into an agreement with one or more animal shelters with facilities within the county. The agreement must provide for acceptance by the animal shelter of impounded animals and notification of impoundment by the shelter to the animal's owner as described herein. The agreement shall also provide for the collection and remittance of redemption fees for impounded animals. An agreement under this division or division (H) may include a provision allowing the county to bring, as an assignee, subrogee, or otherwise, an action against an owner for money owed to the shelter or facility by the owner for services provided under this chapter.
(B) (1) The Animal Control Officer may impound the following animals:
(a) Unrestrained animals.
(b) Nuisance animals.
(c) Animals that are at-large or otherwise not properly confined, secured, or restrained.
(d) Abandoned animals.
(e) Animals that are not being humanely treated.
(2) The Animal Control Officer shall determine whether an owner may reclaim and redeem the animal. The decision shall be at the Animal Control Officer's discretion but must give due consideration to the reason for impoundment. In cases involving the inhumane treatment of animals, such consideration shall also include whether the owner has corrected or remediated the condition giving rise to the impoundment. The Animal Control Officer shall inform the animal shelter receiving the animal of the officer's determination.
(C) Impoundment for the violations described in division (B) may take place upon the Animal Control Officer's direct knowledge of the violation or upon the submission of a written, verified complaint to the Animal Control Officer if the Officer determines the complaint to be credible.
(D) In lieu of impoundment, the Animal Control Officer may, at the discretion of the Officer, issue a written warning for violations described in division (B).
(E) Within 24 hours of impoundment, the animal shelter receiving the animal shall notify the owner, if known, of the impoundment. The notification may be made by direct communication with the owner or by means of telephone or by deposit of written notice in the ordinary United States mail, postage pre-paid. The notice must advise the owner of whether and under what terms an animal may be reclaimed and redeemed. In the event the owner is not known, publication in a newspaper of general circulation within the county is permitted but not required.
(F) The Animal Control Officer shall comply with a court order that directs the officer to impound an animal. The Animal Control Officer may apply to the court for a bond to secure the costs of complying with such an order.
(G) In the case of an animal suffering from rabies, mange, or other infectious or contagious disease or from a condition that leaves the animal severely debilitated, the Animal Control Officer may determine that the animal must be destroyed immediately. If the Animal Control Officer makes such a determination under this division, the animal may be destroyed by the animal shelter or other means without prior notice to the owner.
(H) Notwithstanding division (A), the Board of Commissioners may enter into agreements, on a case-by-case basis, for impoundment of exotic animals, large animals, or other animals for which the shelter(s) described in division (A) are unable or unwilling to provide impoundment services or if, at the discretion of the Board, circumstances justify the case-by-case placement. Agreements under this division may include such terms as are reasonable under the circumstances.
(I) Unless a veterinarian provides a written statement indicating that the animal should not be microchipped due to health reasons, the Animal Control Officer shall require that an animal impounded under division (B) be microchipped. The microchipping may be done by the Animal Control Officer or the animal shelter directly, with the owner required to pay the reasonable fee of such microchipping. The Animal Control Officer may require an owner to obtain the microchipping service and, at the Animal Control Officer's discretion, may make the microchipping a condition of receiving a warning instead of a citation under this chapter.
(Ord. 2014-24-CM, passed 12-15-14; Am. Ord. 2019-30-CM, passed 12-2-19)