Chapter 6.40
REMOVAL, IMPOUNDMENT, FORFEITURE, AND DISPOSITION OF ANIMALS
Sections:
6.40.010 Impoundment of unvaccinated and unlicensed dogs – Vaccination – Costs.
6.40.020 Impoundment of dogs at large – Impoundment period – Notice – Costs.
6.40.030 Impoundment of animals subject to cruelty or neglect and dangerous animals.
6.40.060 Hearing – Rules of hearing – Remedies – Testimony of defendant – Appeal.
6.40.070 Findings of court after hearing.
6.40.080 Dangerous animals – Consent to inspection – Order of compliance – Seizure.
6.40.090 Dangerous animals – Required acts and unlawful activities – Classification.
6.40.100 Duty to produce – Exemption – Classification.
6.40.110 Authority to microchip.
6.40.120 Payment of costs and fees associated with impoundment.
6.40.130 Disposition of animals.
6.40.010 Impoundment of unvaccinated and unlicensed dogs – Vaccination – Costs.
A. Any town enforcement agent may apprehend and impound any unvaccinated or unlicensed dog.
B. The town enforcement agent is hereby authorized to have a licensed veterinarian vaccinate and issue a vaccination certificate for an impounded unvaccinated dog.
C. The owner of any dog impounded under this section may reclaim the dog at any time upon proof of ownership and payment of all costs and fees associated with the impoundment. [Ord. 2017-123 § 1.]
6.40.020 Impoundment of dogs at large – Impoundment period – Notice – Costs.
A. Any town enforcement agent may impound or cause to be impounded any dog running at large contrary to the provisions of this title.
B. Each dog or cat that is impounded with a microchip or wearing a license or any other discernible form of owner identification shall be kept and maintained at a shelter approved by the town enforcement agent for a minimum of 120 hours, unless the animal is claimed or surrendered by its owner prior to the expiration of the impoundment period. The town enforcement agent shall promptly notify the animal’s owner, in person or by written notice of the impoundment. Any owner who reclaims an impounded animal within the impoundment period, upon proof of ownership, license and rabies vaccination as appropriate, is responsible for payment of all costs and fees associated with the impoundment.
C. Except as otherwise provided in this section, each dog or cat that is impounded without any discernible form of owner identification shall be kept and maintained at a shelter approved by the town enforcement agent for a minimum of 72 hours, unless the animal is claimed or surrendered by its owner prior to the expiration of the impoundment period. Any owner who reclaims an impounded animal within the impoundment period, upon proof of ownership, license and rabies vaccination as appropriate, is responsible for payment of all costs and fees associated with the impoundment. [Ord. 2017-123 § 1.]
6.40.030 Impoundment of animals subject to cruelty or neglect and dangerous animals.
Any town enforcement agent is authorized and empowered to remove and impound any animal in plain view, or subject to a valid search warrant, if the agent has probable cause to believe any of the following:
A. That an animal is in distress caused by mistreatment, tie out, exposure to the elements, extremes of temperature, lack of adequate ventilation or drainage, lack of sanitation, deprivation of proper food or potable water, restraint, restriction of movement, confinement, lack of sufficient exercise space, constrictive gear, injury, illness, physical impairment, or parasites.
B. That an animal’s well-being is threatened by a dangerous condition or circumstance and the agent has reason to believe either:
1. That the distress of the animal or the dangerous condition or circumstance was caused or allowed to be caused by the willful act or omission or negligence of the owner; or
2. That it is likely the animal would be in distress from any cause, or its well-being would be threatened by any dangerous condition or circumstance if the owner retains ownership of the animal; or
3. That an animal is vicious or destructive or may be a danger to the safety of any person or other animal. [Ord. 2017-123 § 1.]
6.40.040 Notice to owner.
A. Whenever the town removes or impounds an animal pursuant to STC 6.40.030, if the owner is known, and unless the owner signs a statement permanently relinquishing ownership of the animal to the town enforcement agent, the owner shall be provided with a written notice by one of the following means:
1. Personal service of notice on the owner.
2. Leaving a copy of the notice with a person of suitable discretion at the owner’s residence or place of business.
3. Affixing a notice in a conspicuous place where the animal was found.
4. Mailing a copy of the notice to the owner’s last-known address by registered or certified mail, return receipt requested.
B. The notice required by this section shall contain, at a minimum, the following information:
1. The town’s intent to file, within 10 days of the owner’s receipt of the written notice, a written request with the town magistrate for a hearing to determine if the animal should be returned to the owner or forfeited to the town enforcement agent.
2. The owner’s right to present witnesses and be represented by an attorney at the hearing.
3. The bond amount required pursuant to STC 6.40.050, along with a statement that if the bond is not posted within 10 days of the owner’s receipt of the written notice, the animal shall be deemed forfeited to the town enforcement agent. [Ord. 2017-123 § 1.]
6.40.050 Bond.
Whenever the town removes or impounds any animal pursuant to STC 6.40.030 pending a hearing to determine if the animal should be returned to the owner or forfeited to the town enforcement agent, the owner must post 20 days of impoundment fees in advance as a bond to defray some of the costs of boarding and impoundment, and any necessary veterinary care for the animal. [Ord. 2017-123 § 1.]
6.40.060 Hearing – Rules of hearing – Remedies – Testimony of defendant – Appeal.
A. Upon receipt of a written request for a hearing regarding an animal impounded pursuant to STC 6.40.030, the court shall set the hearing within 15 business days.
B. The hearing shall be held in an informal manner and is open to the public. Oral and documentary evidence may be taken from any interested party or witness and considered in making a determination. The rules of evidence do not apply and hearsay is admissible.
C. Any owner who fails to appear after notice may be deemed to have waived any right to introduce evidence.
D. The town need not be represented by counsel at the hearing. Absent extraordinary circumstances, the town’s right to be represented by counsel or other designated representative is waived unless, at least five days prior to the hearing date, the town notifies the court and the defendant, at the address set forth on the complaint or any different address provided by the defendant, of the town’s election to be represented by counsel or other designated representative.
E. The owner may be represented by counsel at the animal owner’s cost.
F. Use of the civil procedures and remedies provided for in this chapter shall neither require nor preclude other enforcement action on the same facts, including a criminal prosecution of the owner. The civil procedures and remedies provided for in this chapter are remedial and not punitive, and are not precluded by an acquittal or conviction in a criminal proceeding.
G. This chapter shall not be construed as precluding the destruction of any animal if destruction is otherwise authorized by law, nor shall anything in this chapter be construed as precluding the spaying or neutering of any animal. If any provision of this chapter is in conflict with any other provisions of this code, this chapter shall be controlling.
H. If a defendant testifies at a hearing held pursuant to this section, the defendant does not, by so testifying, waive the right to remain silent during the trial; and if the defendant does testify at the hearing, neither this fact nor the defendant’s testimony at the hearing shall be mentioned at the trial unless the defendant testifies at the trial concerning the same matters.
I. Appeal of the decision of the town magistrate shall be by way of special action to the superior court on the record of the hearing. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than 30 days after the town magistrate’s decision. The owner must post a bond equivalent to 60 days of impoundment costs in order to perfect the appeal. Notice of the amount due shall be given to the owner by the town magistrate at the time of the hearing if forfeiture is ordered.
J. Unless good cause is shown, the animal’s owner shall be responsible for all fees associated with the impoundment of an animal pursuant to STC 6.40.030, including without limitation veterinary, removal, impoundment, boarding, microchipping, and disposition fees, until a final decision by the town magistrate, including the pendency of an appeal. No magistrate may waive or reduce any veterinary, impound, or board fees resulting from the animal’s impoundment unless the owner prevails at the hearing. [Ord. 2017-123 § 1.]
6.40.070 Findings of court after hearing.
A. If the town magistrate finds from a preponderance of the evidence that the animal was subject to cruelty or neglect under the circumstances set forth in STC 6.40.030(A) or (B), the town magistrate shall order the animal forfeited to the town enforcement agent.
B. If the town magistrate finds from clear and convincing evidence that the animal is vicious or destructive, or is a danger to the safety of any person or other animal, then the town magistrate shall enter such orders as the magistrate deems necessary to protect the public, taking into account the recommendations of the town enforcement agent and the animal’s owner. In addition to any other penalty or order, if the town magistrate finds that the animal is vicious or destructive, or is a danger to the safety of any person or other animal, the court shall order one or more of the following:
1. That the animal be kept in an enclosure that is secure enough that the animal cannot bite, harm, or injure anyone outside the enclosure, and cannot escape, as follows:
a. The court shall determine the appropriate fencing requirements for the size and nature of the animal. The court may require a fence, including gates, to be six feet in height; a fence five to six feet in height to incline to the inside of the confinement area at a 45 degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping.
b. The court may require the bottom of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks set in concrete or cement; or if the bottom is not provided, then a footing of such material shall be placed along the whole perimeter of the confinement area to a depth of one foot below ground level, or deeper if required by the court.
c. The court may require the gates to the confinement area to be locked at all times with a padlock except when entering or exiting.
2. That the animal’s owner pay a reasonable cost to the town enforcement agent to tattoo the animal with an identification number. The town enforcement agent shall maintain a registry of the numbers and the owners of the animals.
3. That the animal be spayed or neutered at the owner’s expense.
4. That the animal be defanged or declawed.
5. That the animal be banished from the town limits, after first being spayed or neutered, microchipped and tattooed by a licensed veterinarian at the owner’s expense.
6. That the animal be forfeited to the town enforcement agent for transfer to a legally incorporated humane society or other nonprofit corporate animal-welfare organization devoted to the welfare, protection, and humane treatment of animals, as described in STC 6.40.130.
7. That the animal be humanely destroyed.
8. That the animal be muzzled and restrained whenever the animal is outside its enclosure with a leash, chain, rope or similar device not more than six feet in length sufficient to restrain the animal, and under the control of a person capable of preventing the animal from engaging in any prohibited behavior.
9. That the owner of the animal display on every gate or entry way to the enclosure where the animal is kept a sign in three-inch letters, easily readable by the public, using the words “Vicious Animal.”
10. That the owner maintain liability insurance in a single incident amount of at least $250,000 for bodily injury or death of any person or for damage to property caused by the animal.
C. If the owner fails to appear at the hearing, the town magistrate shall order the animal forfeited to the town enforcement agent. [Ord. 2017-123 § 1.]
6.40.080 Dangerous animals – Consent to inspection – Order of compliance – Seizure.
A. By continuing to own an animal declared to be dangerous, an owner gives consent to the town enforcement agent to inspect the animal and the premises where the animal is kept.
B. Upon inspection, the town enforcement agent may seize and impound the animal if the owner has failed to comply with the town magistrate’s order on disposition of the animal.
C. If the owner of the animal has not demonstrated compliance with the town magistrate’s order within five days after the seizure of the animal, the town enforcement agent may humanely destroy the animal.
D. If the owner of the animal demonstrates proof of compliance with the town magistrate’s order, then the animal will be returned to the owner after payment of impound fees and any other applicable fees.
E. Any action taken under this section shall be in addition to any available criminal penalties. [Ord. 2017-123 § 1.]
6.40.090 Dangerous animals – Required acts and unlawful activities – Classification.
A. An owner or any other person having control of a dangerous animal shall not fail to comply with an order of the town magistrate regarding the animal.
B. An owner of a dangerous animal shall not sell, give away, abandon, or otherwise dispose of the animal without notifying the town enforcement agent in writing in advance.
C. An owner of a dangerous animal shall provide proof of liability insurance and veterinarian’s certificate of spaying or neutering to the town enforcement agent upon demand, when applicable.
D. No person shall prevent or attempt to prevent inspection of a dangerous animal or the premises where the animal is kept.
E. When the owner of an animal is notified that the town enforcement agent is evaluating an animal or wants to evaluate an animal to determine if the animal is vicious or destructive, the owner of the animal shall present the animal for inspection within 24 hours of a request by the town enforcement agent. The owner shall not sell, give away, hide, or otherwise prevent the town enforcement agent from making an evaluation of the animal.
F. Violation of this section is a class 1 misdemeanor. [Ord. 2017-123 § 1.]
6.40.100 Duty to produce – Exemption – Classification.
A. An owner of an animal charged with a violation of Chapter 6.30 or 6.35 STC, or of an animal quarantined pursuant to STC 6.35.040, shall produce that animal for inspection or impoundment upon the request of any town enforcement agent.
B. This section shall not apply where the violation in question occurred when the animal bit a member of the owner’s household.
C. Violation of this section is a class 1 misdemeanor. [Ord. 2017-123 § 1.]
6.40.110 Authority to microchip.
The town enforcement agent is authorized and empowered to place or cause to be placed an identity-tracing microchip in any animal impounded under this title. [Ord. 2017-123 § 1.]
6.40.120 Payment of costs and fees associated with impoundment.
Except as otherwise provided in this title, all fees associated with the impoundment of an animal for any reason under the authority of this title, including without limitation veterinary, removal, impoundment, boarding, microchipping, and disposition fees, shall be paid by the animal’s owner. [Ord. 2017-123 § 1.]
6.40.130 Disposition of animals.
A. Any animal forfeited, abandoned, ownerless, or unclaimed, and any other animals to be permanently disposed of by the town enforcement agent pursuant to this title shall be disposed of by one of the following methods:
1. Placed by adoption in a suitable home.
2. Transferred to a legally incorporated humane society or other nonprofit corporate animal-welfare organization devoted to the welfare, protection, and humane treatment of animals. Transferred animals shall be disposed of by one of the following methods:
a. Placed by adoption in a suitable home after first being sterilized.
b. Released as part of a community cat program.
c. Humanely destroyed.
3. Humanely destroyed.
B. As a condition of any transfer of animals pursuant to this section, the town enforcement agent shall verify that any organization that receives animals is organized for the pursuit of animal welfare activities, is actively engaged in those activities, does not breed or release unsterilized animals, releases animals only through community cat programs or through adoption or fostering into suitable homes after first being sterilized, and complies with the sterilization and placement provisions of this title, and all applicable laws. Verification shall include announced and unannounced inspections of the organization’s facilities and records. The town enforcement agent may repossess any animals and their offspring from any organization that is not in compliance with these conditions, and shall repossess these animals if the organization is not in compliance with the mandates set forth in subsection (A)(2) of this section, or if the organization or its personnel violate a cruelty law. Any organization wishing to receive animals must agree in writing to the terms of this section. [Ord. 2017-123 § 1.]