(A) Animals found in cruel, abusive, or neglectful situations, animals trained, bred, or kept for the purpose of animal fighting, or animals that have been abandoned as defined in this chapter or under state law may be promptly seized if no immediate contact with a responsible person can be made, provided, however, that the Animal Control Officer shall leave written notice saying the location of the animal and the reason for impoundment.
(B) Animals so removed will be impounded and held at the Winchester Animal Control facility or a designated facility until such time the violator is in compliance with this chapter, provided, however, that in no event shall this period exceed ten days, at which time the animal shall become the property of Winchester Animal Control, unless an extension is necessary for the Animal Control Officer to have ample time to prepare a court case if prosecution is warranted, or unless a bond is posted as provided in division (E) of this section. In the case of animals impounded for quarantine at a city animal control facility, the animal will become the property of the Winchester Animal Control if not claimed by closing time of the shelter on the eleventh day of the quarantine.
(C) Animals impounded for reasons beyond the control of the owner, such as but not limited to house fire, death of the owner, or arrest of the owner, will be held for ten days during which time a reasonable effort will be made to contact the owner and/or his or her representative. After the tenth day of impoundment, the animals will become the property of the Winchester Animal Control.
(D) Animals awaiting disposition by the courts shall remain in the custody of Winchester Animal Control, unless such disposition is made, or placed in a foster home until legal arrangements have been completed.
(E) Pursuant to impoundment of an animal under division (A) of this section, the Animal Control Officer may file a petition with the court requesting that the owner or custodian of the animal post a bond to cover the costs of care of the animal while it is in the custody of Winchester Animal Control. This petition shall be accompanied by an affidavit or statement of Winchester Animal Control that sets forth an estimate of the reasonable expenses that the shelter expects to incur providing for that care. Reasonable expenses include but are not limited to the estimated cost of veterinary care, food, and board for the animal. The owner or custodian of the animal shall be provided written notice of the petition by personal service or certified mail. Any such mail shall be sent to the last known address, or, if this address is not known, such notice shall be sent to the address from which the animal was seized. Refusal to accept certified mail or failure to receive mail due to other delays will not negate this section.
(1) In the event the Animal Control Officer files a petition with the court, the following procedure shall be followed:
(a) The court in which the petition is filed shall hold a hearing on the petition. At the hearing, the Animal Control Officer has the burden of proving that there is probable cause to find that the animal was the subject of a violation as listed under division (A) of this section. If the court finds that probable cause exists, the court shall order the owner or custodian of the animal to post a bond to cover the cost of the care of the animal for a minimum of 30 days.
(b) Bond must be posted within a maximum of three business days following the bond hearing judgment. If bond has not been posted within the allotted three business days, the animal shall immediately become the property of Winchester Animal Control.
(c) Bond must be posted at the City Clerk's office in cash or certified funds only. The bond shall be deposited into the city's general trust fund, in a sub-account specific for each case. Winchester Animal Control may draw on this account to cover the actual expenses incurred in the care of the animal.
(d) If, at the end of 30 days, the matter for holding said animal(s) has not been adjudicated, another bond must be posted. The renewal bond must be paid no later than the close of business on the 30th day. If the 30th day should fall on a weekend or holiday, the bond must be posted by the close of business on the last regular business day prior to the weekend or holiday. The bond must be renewed every 30 days thereafter until the court having jurisdiction adjudicates the matter. Failure to repost bond at the end of any 30-day period will be considered voluntary relinquishment of the animal(s). Upon conviction of the accused, the court at its discretion may order any remaining bond money and/or the animal(s) forfeited to Winchester Animal Control.
(e) In the event of the acquittal or final discharge, without conviction of the accused, the court shall direct the delivery of the animal(s) and any bond posted, less any reasonable medical, housing, and administrative costs.
(2) The bond is intended to cover but not be limited to housing and feeding, emergency medical care, immunizations, and routine medical care. Animals displaying signs of illness or injury at the time of impound will be treated immediately at the expense of the owner or custodian. Animals that have not been inoculated for or are not current on inoculations for ailments common to its species will be inoculated at the expense of the owner or custodian. Any animal displaying symptoms of illness or injury that, in the opinion of a licensed veterinarian, would cause undue suffering to that animal or pose a substantial health risk to other animals in the shelter shall be humanely euthanized immediately.
(3) This section applies to any and all animals housed at Winchester Animal Control, or under the direction of the Animal Control Officer at a remote facility, irrespective of the agency that seized the animals.
(4) Animals so removed may be transported to a licensed veterinarian for examination and/or treatment. If, in the opinion of said veterinarian, the animal must be destroyed, euthanasia will be performed immediately. Costs of treatment, euthanasia, and/or care shall be the responsibility of the owner/agent.
(F) A person may reclaim an animal in the custody of Winchester Animal Control upon providing the following:
(1) Proof of ownership, and
(2) Payment of redemption fee and any other service/medical fees, as approved by the Animal Control Officer.
(3) It shall be mandatory that the owner or harborer of any dog or cat to be in possession of a current city pet registration, after the effective date of this chapter, upon its redemption by its owner, and prior to its release by Winchester Animal Control. The animal may be implanted with a microchip or affixed to its collar and registered for purposes of identification and recovery. The cost for this process shall be at the owner's expense before the animal's release.
(G) Stray or at-large animals will be held seven days at Winchester Animal Control.
(H) Unclaimed animals become the property of the Winchester Animal Control and may be placed for adoption or humanely euthanized, pursuant to this chapter.
(Ord. 2005-12, passed 11-7-05) Penalty, see § 91.999