Chapter 7.21
IMPOUNDMENT

Sections:

7.21.010    Grounds for impoundment.

7.21.020    Place and manner of impoundment.

7.21.030    Notice of impoundment.

7.21.040    Reclaiming animals.

7.21.050    Disposition of unclaimed animals.

7.21.060    Fees—Rules and regulations—Records.

7.21.010 Grounds for impoundment.

An animal control officer may seize and impound any animal that has been:

A.    Involved in any acts in violation of this title or any other law;

B.    Found abandoned within any building, establishment, or property, whether public or private;

C.    Subjected to abuse, neglect, or cruel treatment;

D.    Suspected of injuring or biting a person or other animal;

E.    Determined to be a continuing threat to people or other animals;

F.    Taken into custody due to police or other government action against the animal’s owner or keeper; or

G.    Surrendered to the animal control authority. (Ord. 2541 § 1, 2023; Ord. 2151 § 1 (part), 2005: Ord. 1969 § 1 (part), 1996: Ord. 1848 § 33, 1995: Ord. 1683 § 9 (part), 1989).

7.21.020 Place and manner of impoundment.

Animals shall be impounded in the place and manner designated by the animal control authority. (Ord. 2541 § 2, 2023; Ord. 2151 § 1 (part), 2005: Ord. 1969 § 1 (part), 1996: Ord. 1683 § 9 (part), 1989).

7.21.030 Notice of impoundment.

A.    Following impoundment, the animal control authority shall make reasonable efforts to notify the owner or keeper of the animal of its impoundment and the conditions required for the animal’s return. Notification shall be made by telephone or, if the owner’s or keeper’s telephone number is unknown, by other notice reasonably expected to communicate the impoundment to the owner or keeper.

B.    Notice shall include a description of the animal, the reason for impoundment, the general location where the animal was found, and the date the impoundment occurred. Notice shall also advise that the animal may be placed for adoption or euthanized unless reclaimed within the time limits provided in this chapter. (Ord. 2541 § 3, 2023; Ord. 2151 § 1 (part), 2005: Ord. 1969 § 1 (part), 1996: Ord. 1683 § 9 (part), 1989).

7.21.040 Reclaiming animals.

A.    Animals other than livestock may be reclaimed within a forty-eight-hour holding period, beginning from the time of the impoundment and excluding weekends and holidays, if the following conditions have been met:

1.    All fines and penalties have been paid;

2.    All medical costs incurred during the animal’s impoundment have been paid;

3.    All administrative, boarding, and impound fees have been paid; and

4.    The animal is properly licensed.

B.    Livestock may be reclaimed within a ninety-six-hour holding period, beginning from the time of the impoundment and excluding weekends and holidays, if the following conditions have been met:

1.    All fines and penalties have been paid;

2.    All medical costs incurred during the animal’s impoundment have been paid;

3.    All administrative, boarding, and impound fees have been paid; and

4.    All special transportation costs have been paid. (Ord. 2541 § 4, 2023; Ord. 2151 § 1 (part), 2005: Ord. 1969 § 1 (part), 1996: Ord. 1683 § 9 (part), 1989).

7.21.050 Disposition of unclaimed animals.

A.    If the owner or keeper of an animal has been provided notice and fails to reclaim the animal or sign a release of ownership of the animal within the applicable holding period, the animal will be considered abandoned and forfeited to the animal control authority.

B.    If an animal other than livestock is not reclaimed within the forty-eight-hour holding period, the animal control authority may make the animal available for adoption, place it into foster care, or transfer it to an animal rescue organization unless the animal is deemed unsuitable for adoption, in which case it may be euthanized.

1.    If the owner or keeper is known, they shall remain responsible for the payment of all fines and penalties, all administrative and impound fees, any medical costs incurred during the animal’s impoundment, and all boarding fees up to the date the animal is adopted, transferred to an animal rescue organization, or euthanized.

2.    If the owner or keeper is unknown, the animal control authority may collect any or all of the administrative and impound fees, medical costs, or boarding fees from the adopter as part of the adoption fees.

C.    If livestock is not reclaimed within the ninety-six-hour holding period, the animal control authority may make the animal available for adoption, place it into foster care, transfer it to an animal rescue organization, or sell the animal at public auction.

1.    If the owner or keeper is known, they shall remain responsible for payment of all fines and penalties, all administrative and impound fees, any medical costs incurred during the animal’s impoundment, all special transportation costs, any auction and associated publication costs, and all boarding fees up to the date the animal is adopted, transferred to an animal rescue organization, auctioned, or euthanized.

2.    If the owner or keeper is unknown, the animal control authority may collect any or all of the administrative and impound fees, medical costs, auction costs, or boarding fees from the adopter as part of the adoption fees or from the buyer as part of the auction.

3.    Notice of the auction and a description of the livestock to be auctioned shall be published in the official city newspaper and mailed to the owner or keeper of the animal, if known, at least five days prior to the sale. All of the costs specified in subsection (C)(1) of this section shall be deducted from the proceeds of the auction, and the remaining balance, if any, shall be remitted to the owner or keeper, if known.

D.    Seriously sick or injured animals may be given emergency medical treatment, euthanized, or otherwise disposed of prior to the expiration of any holding period if such action is in furtherance of the public health or reasonably necessary to prevent needless suffering. The animal control authority shall make all reasonable efforts to locate and notify the owner or keeper prior to any such action.

E.    Any animal determined to be feral shall be euthanized or otherwise disposed of at any time after its impoundment and shall not be subject to a holding period. (Ord. 2541 § 5, 2023; Ord. 2151 § 1 (part), 2005: Ord. 1969 § 1 (part), 1996: Ord. 1683 § 9 (part), 1989).

7.21.060 Fees—Rules and regulations—Records.

A.    The animal control authority shall have the authority to establish a fee schedule that sets reasonable fees for administrative costs; impounding, housing, boarding, and transporting animals; and adoption or foster care. Fees established by the animal control authority shall be subject to review and modification by the city council, and any fee modifications by the city council shall supersede fees established by the animal control authority. All fees collected by the animal control authority shall be placed in the general fund and credited against the costs of enforcing animal control regulations and operating the animal shelter. Any excess shall be considered unrestricted funds.

B.    The animal control authority may promulgate administrative rules and regulations for the implementation, enforcement, and administration of the provisions of this chapter, subject to the approval of the city manager.

C.    The animal control authority shall keep complete and accurate records of the care, feeding, veterinary treatment, and disposition of all animals impounded and of all fines, fees, and other money collected. (Ord. 2541 § 6, 2023).