(a) As used in this section:
(1) "Impounding agency" means a county dog pound, county humane society organized under Ohio R.C. 1717.05, municipal dog pound, or law enforcement agency.
(2) "Offense" means a violation of Section 505.072
of the Codified Ordinances of the City of Warren.
(3) "Officer" means any law enforcement agent, animal control officer, county humane agent or deputy dog warden.
(b) An officer may immediately seize and cause to be impounded at an impounding agency an animal that the officer has probable cause to believe is the subject of an offense.
(c) The officer shall give written notice of the seizure and impoundment to the owner, keeper, or harborer of the animal that was seized and impounded within three (3) days of seizure if they can be found. If the officer is unable to give the notice to the owner, keeper, or harborer of the animal, the officer shall post the notice on the door of the residence or in another conspicuous place on the premises at which the animal was seized.
(1) The notice shall include a statement that, upon written request by the owner, keeper, or harborer of the animal to the impounding agency, which is received by the impounding agency within ten (10) calendar days of the notice of seizure and impoundment, a hearing will be held at the next available court date, or no later than three (3) days from the date the notice of a request for a hearing was received, whichever is earlier. The notice shall also state that the hearing will be held to determine whether the officer had probable cause to seize the animal and, if applicable, to determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was seized and impounded. If a hearing is not timely requested by the owner, keeper, or harborer, the animal is deemed forfeited without hearing and the impounding agency may determine the disposition of the animal.
(d) An animal that is seized under this section may be humanely destroyed immediately or at any time during impoundment or otherwise provided with veterinary care if a licensed veterinarian determines it to be necessary because the animal is suffering.
(e) (1) If the owner, keeper, or harborer of the animal has requested a hearing in writing, the Court shall hold a hearing to determine whether the officer impounding an animal had probable cause to seize the animal. If the Court determines that probable cause exists, the Court shall determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was impounded. If the owner, keeper, or harborer does not appear at hearing and notice of hearing was properly served, the animal is deemed forfeited and the impounding agency may determine the disposition of the animal.
(2) If the Court determines that probable cause does not exist, the Court immediately shall order the impounding agency to return the animal to its owner if possible. If the animal cannot be returned because it has died as a result of neglect or other misconduct by the impounding agency or if the animal is injured as a result of neglect or other misconduct by the impounding agency, the Court shall order the impounding agency to pay the owner an amount determined by the Court to be equal to the reasonable market value of the animal at the time that it was impounded plus statutory interest as defined in Ohio R.C. 1343.03 from the date of the impoundment or an amount determined by the Court to be equal to the reasonable cost of treatment of the injury to the animal, as applicable. The requirement established in subsection (e)(2) hereof regarding the payment of the reasonable market value of the animal shall not apply in the case of a dog that, in violation of Ohio R.C. 955.01, was not registered at the time it was seized and impounded.
(3) If the Court determines that probable cause exists and determines the amount of a bond or cash deposit, the case shall continue and the owner shall post a bond or cash deposit to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was impounded. The owner may renew a bond or cash deposit by posting, not later than ten (10) days following the expiration of the period for which a previous bond or cash deposit was posted, a new bond or cash deposit in an amount that the Court, in consultation with the impounding agency, determines is sufficient to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the previous period expired. If no bond or cash deposit is posted or if a bond or cash deposit expires and is not renewed, the impounding agency may determine the disposition of the animal unless the Court issues an order that specifies otherwise.
(f) If a person is convicted of committing an offense, the Court may impose the following additional penalties against the person:
(1) A requirement that the person pay for the costs incurred by the impounding agency in caring for an animal involved in the applicable offense, provided that the costs were incurred during the animal's seizure or impoundment. A bond or cash deposit posted under this section may be applied to the costs.
(2) An order permanently terminating the person's right to possession, title, custody, or care of the animal that was involved in the offense. If the Court issues such an order, the Court shall order the disposition of the animal.
(g) If a person is found not guilty of committing an offense, the Court immediately shall order the impounding agency to return the animal to its owner if possible and to return the entire amount of any bond or cash deposit posted under subsection (e) hereof. If the animal cannot be returned because it has been adopted or euthanized, the impounding agency shall pay the fair market value of the animal at the time it was impounded plus statutory interest as defined in Ohio R.C. 1343.03 from the date of the impoundment or an amount determined by the Court to be equal to the cost of treatment of the injury to the animal, as applicable. The requirements established in this division regarding the return of a bond or cash deposit and the payment of the reasonable market value of the animal shall not apply in the case of a dog that in violation of Ohio R.C. 955.01, was not registered at the time it was seized and impounded.
(h) If charges are filed for an offense described in this section against the custodian or caretaker of an animal, but the animal that is the subject of the charges is not impounded, the Court in which the charges are pending may order the owner or person having custody of the animal to provide to the animal the necessities described in Division (C) (5), (D) (2), and (E) (5) of Ohio R.C. 959.131 until the final disposition of the charges. If the Court issues an order of that nature, the court also may authorize an officer or another person to visit the place where the animal is being kept, at the times and under the conditions that the Court may set, to determine whether the animal is receiving those necessities and to remove and impound the animal if the animal is not receiving those necessities.
(Ord. 12659/16. Passed 6-22-16.)