Chapter 7.36
IMPOUNDMENT
Sections:
7.36.040 Impoundment – Challenge by owner.
7.36.080 Hearings – Procedure and decision.
7.36.100 Impoundment – Disposition of impounded animals.
7.36.020 Summary seizure.
A. An animal control officer may seize and impound an animal for violation of any provision of this title or state law prior to a hearing in any of the following situations where the owner is not present and where the animal control officer reasonably believes it is necessary:
1. To protect public health, safety and property;
2. To protect an animal which is injured, sick or starving and must be cared for; and
3. To protect an animal from injury which has strayed onto public property or public right-of-way.
B. The appropriate costs incurred by the city in impounding any animal shall be recovered in full from the owner of the animal. An appropriate daily boarding fee and impound fee shall be set by resolution. (Ord. 788 § 1(part), 2006).
7.36.040 Impoundment – Challenge by owner.
A. If the owner of an animal wishes to challenge an impoundment, the owner shall personally deliver or mail a written request for a hearing before the director. The request must be received by the director within four days of the impoundment.
B. Any animal which is impounded by any agency within the city two or more times while under the same ownership shall be microchipped and proof provided to the animal control officer within fifteen days of the animal being redeemed. (Ord. 788 § 1(part), 2006).
7.36.060 Hearings – Notice.
A. Notice of the hearing shall be mailed or delivered to the owner of the impounded animal at least four days prior to the hearing. Mailed notice shall be sent first class and deposited, postage prepaid, in the United States mail and notice shall be deemed given when so deposited. If there is no known address to which to send the notice, then notice shall be posted in at least one place on or near the premise where the animal was impounded.
B. Contents of Notice. The notice shall include the date, time, and place of the hearing; the identity of the animal control officer or hearing officer, whichever is applicable; a general explanation of the matter to be considered; and a statement that nonattendance at such hearing will be considered a waiver by that person of his or her right to present evidence at the hearing. (Ord. 788 § 1(part), 2006).
7.36.080 Hearings – Procedure and decision.
A. Procedure. At the time and place set for the hearing, the director shall consider the matter at issue. The director shall swear witnesses, hear testimony, and receive relevant written or documentary evidence. Additional procedural rules may apply. The director shall tape record the hearing and shall preserve all photographs and other documentary evidence introduced at the time of the hearing until the time period to file an appeal has lapsed, and then may destroy such evidence. The director may decide all issues for or against the owner and may render such decisions even if such person fails to appear at the hearing.
B. Within ten days after the hearing is closed, the director shall render a written decision. The decision shall contain findings of fact and conclusions of law. A copy of the decision shall be mailed by certified mail to the owner. The director shall determine whether or not the impoundment was proper. Unless a provision of this title requires otherwise, if the director determines that the impoundment was improper, the animal shall be immediately returned to its owner. The decision of the director shall be final. (Ord. 788 § 1(part), 2006).
7.36.100 Impoundment – Disposition of impounded animals.
A. The shelter supervisor shall keep any impounded animal for the period set forth by shelter policy and in accordance with law. At any time after the expiration of such period of time, the shelter supervisor may, unless the owner redeems the animal or unless a bona fide home has been obtained for such animal, euthanize the animal in a humane manner.
B. Any animal which is voluntarily surrendered to or deposited with the shelter shall be held for the same holding period and treated with the same standards of care as stray animals, except that the period for owner redemption shall be one day, not including the day of impoundment. This holding period is excepted if the animal is determined by a veterinarian to be irremediably suffering or is voluntarily surrendered due to chronic or severe health issues. In such cases, the animal may immediately be euthanized in a humane manner. (Ord. 788 § 1(part), 2006).