§ 4-6. Impoundment and violation notice.

(a)

(1)

Unrestrained and nuisance animals, upon receipt of a written complaint signed by the complainant, may be taken by law enforcement officials and/or animal control officers and impounded in the county animal shelter and there be confined in a humane manner.

(2)

In addition to, or in lieu of, impounding an animal at large, the animal control officer or lawful constable or deputy sheriff may issue to the known owner of such animal a notice of ordinance violation. Such notice shall impose upon the owner a warning for a first offense. The owner shall be charged a penalty of $100.00 for the second violation, $125.00 for the third violation and $150.00 for each subsequent violation. Said penalties shall be made payable to the treasurer of the county and paid at the county animal shelter within ten business days from the date of issuance in full satisfaction of the assessed penalty. In the event that such penalty is not paid within the time period described, a bench warrant shall be issued by a magistrate and, upon conviction, the owner shall be punished as provided in section 4-12.

(3)

In addition, the owner shall be required to pay a fee of $5.00 per day for each day the animal is boarded by the county, actual cost for inoculation of the animal (if applicable) and a $5.00 impoundment fee. In addition, at the discretion of the animal shelter, a fee of $30.00 and mandatory sterilization of the animal may be required if the animal is impounded on more than one occasion. The impoundment fee shall be $5.00 and $25.00 shall help defray the cost of sterilization. The sterilization shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian that the spay or neuter procedure would be harmful to the animal due to reasons of age or health or that the animal has already been sterilized.

(b)

Notwithstanding the above, an animal control officer and/or law enforcement officer may without written complaint impound animals not having a valid current rabies inoculation tag and found off the owner's property.

(c)

Impounded dogs and cats shall not be kept for fewer than five working days.

(d)

If by tag or other means the owner of an impounded animal can be identified, the animal control officer shall immediately upon impoundment notify the owner by telephone or certified mail. Any identifiable animal, not appearing to be abandoned, upon notification of the owner by telephone or certified mail, shall not be kept for fewer than ten days.

(e)

Abandoned animals shall be impounded and shall be kept for no fewer than five working days.

(f)

Any owner reclaiming an impounded dog or cat shall pay the fee provided for in subsection (a) of this section before the animal can be released.

(g)

Any owner claiming an impounded dog or cat shall show proof that the animal is currently inoculated against rabies. If such animal is not currently inoculated against rabies the owner shall cause the animal to be inoculated at the owner's expense.

(h)

Any animal not reclaimed by its owner within five working days, or in the case of a positively identifiable animal within ten days, shall become the property of the local government authority and shall be placed for adoption in a suitable home or humanely disposed of as approved by state law.

(i)

The animal shelter director shall keep complete and accurate records of the care, veterinary treatment, and disposition of all animals impounded at the shelter.

(j)

It shall be unlawful for any person to release or take out of impoundment any animal without proper authority.

(k)

It shall be unlawful to resist or hinder animal control officers or law enforcement officers engaging in the capture and impoundment of an animal. It shall be unlawful to give false information to an animal control officer or law enforcement officer.

(l)

It shall be unlawful to remove the rabies tag from the dog for which the tag was issued.

(Ord. No. 2005-01, § 6, 2-1-2005)