5.15.030 Animal seizure and impounding.
(A) The animal control officer may seize and impound any dog found without a current valid license tag; any dog with or without a current valid license tag which is found running at large; any animal disturbing the peace as defined in Section 5.05.060; any animal which bites any person; any animal which is a public nuisance as defined in Section 5.05.050; or any animal found to be a victim of cruelty or neglect as defined in Section 5.10.010. Upon request of the owner and after showing proper credentials and identification the officer shall have the right to enter upon private property when it is necessary to do so in reasonable pursuit of and in order to apprehend any animal subject to impoundment pursuant to this chapter. If consent to entry is denied, then the city shall seek a warrant, unless a public safety emergency justifies a warrantless entry.
(B) The animal control officer who lawfully seizes an animal pursuant to Section 5.10.010 shall affix a notice of seizure in a conspicuous place where the animal was found or personally deliver the notice of seizure to the owner or keeper of the animal, if known or ascertainable, after reasonable investigation. The officer shall file proof of service with the court. If it is determined that the suffering of the animal does not require humane destruction, the notice shall include the following:
(1) The name, business address, and telephone number of the person providing the notice.
(2) A description of the seized animal.
(3) The authority and purpose for the seizure, including the time, place, and circumstance under which the animal was seized.
(4) A statement that in order to receive a post-seizure hearing, the owner or person authorized to keep the animal, or the owner or person’s agent, shall request the hearing by signing and returning to the court an enclosed declaration of ownership or right to keep the animal within ten (10) days, including weekends and holidays, after the date of the notice.
(5) A statement that the owner is responsible for the cost of care for an animal that was properly seized.
(6) A warning that if the owner fails to request a hearing within ten (10) days after the seizure, the animal will be deemed abandoned and become the property of the seizing agency.
(C) On receipt of a declaration of ownership and post-seizure hearing request, the city magistrate shall set a hearing date within fifteen (15) business days. At the hearing, the seizing agency shall have the burden of establishing by a preponderance of evidence that the animal was subjected to cruel mistreatment, cruel neglect, or abandonment in violation of Section 5.10.010 or will suffer needlessly if humane destruction is delayed. On this finding, the court may terminate the owner’s rights in the animal and transfer the rights to the seizing agency or a designated animal care agency. If at the conclusion of the hearing the animal is not forfeited under this section, the court shall order the animal returned to the owner.
(D) If the owner or person authorized to keep the animal fails to request a hearing, or fails to attend a scheduled hearing, the animal is deemed abandoned and all rights of the owner in the animal are transferred to the seizing agency.
(E) All other animals seized and impounded and unclaimed shall be kept and maintained at the pound for a minimum of three (3) days. At the expiration of the impoundment period, anyone may claim the animal, provided such person pays all established pound fees and complies with the licensing provisions of this article. If no person claims the animal, the animal control officer may dispose of the animal in a humane manner.
(F) The animal control officer shall make a reasonable effort to cause notice to be given to the owner of any licensed dog impounded under the provisions of this article. Except where the public health, safety or welfare otherwise requires, healthy dogs shall be kept and maintained for a minimum of seven (7) days.
(G) Impoundment cost shall include an assessment as established by the city council, for each day or part of a day a dog is impounded.
(H) The owner of an impounded dog may redeem such dog by paying all the costs, charges and penalties assessed except if the dog is being held due to an order of the court or because the dog was involved in an attack on a human or other animal and is awaiting a hearing. (Ord. No. 2004-20, §§ 1, 2, 9-21-04; Ord. No. 2013-01, §§ 1, 2, 3-19-13; Ord. No. 2020-06, § 1, 12-1-20. 1976 Code § 6-3-3)