§ 14-2. Impoundment.

(a)

It shall be the duty of the supervisor of the animal control operation to take up and take charge of any animal found to be in violation of any of the regulations and controls as stated in this chapter, and to take such animals to the animal control shelter, there to be impounded and detained for a period of not less than five calendar days except as otherwise provided in this section. The impoundment time for cats shall be three calendar days, except that any cat that is obviously considered a pet, or any cat with a collar, or any cat that would lend itself to be adopted, will be held for the routine five days. Unless the animal is claimed by its owner in person within the time stated in this subsection, all rights to the animal by the owner shall be forfeited and title shall pass to the animal control program.

(b)

As soon as possible after an animal has been impounded at the animal control shelter, it shall be the duty of the person in charge of such shelter to notify the person to whom the license tag was issued, by letter, postal card or telephone. The mailing of such letter or postal card shall be deemed sufficient notice, whether the person to whom it was addressed received the letter or postal card or not.

(c)

The owner of an impounded animal may, upon presentation of satisfactory proof of ownership, reclaim the animal upon payment of the following charges and fees, where applicable; provided that, if such animal has bitten anyone or has rabies or is suspected of having rabies, the animal must be held for at least ten days for observation.

(1)

An impounding fee as established by the city.

(2)

The current year's vaccination license fee as provided for in this chapter, if the animal has no valid license.

(3)

A boarding fee as established by the city.

(d)

Any animal impounded and not reclaimed by the original owner within the prescribed five-day period may be offered for sale by the animal control program for the amount of the accrued fees against the animal. The original owner of the animal may reclaim the animal within 30 days of the sale by paying the purchaser an amount of twice the sum paid for the animal when bought from the animal control center.

(e)

Any animal impounded and taken to the animal control shelter that is not reclaimed or sold may be disposed of in a manner at the discretion of the supervisor of the animal control operation, provided the required time as described in this section has elapsed. The animal may be destroyed in a humane manner unless the prospects for finding it a home or any other reason justifies detention for a longer period of time.

(f)

Any animal which is diseased or severely injured at the time of impoundment may, at the discretion of the supervisor, be destroyed in a humane manner immediately, and without waiting the prescribed five days. Any cat which is diseased or wild or totally uncontrollable may, at the discretion of the supervisor, be destroyed in a humane manner immediately, and without waiting the prescribed three days. This action may be taken if, in the opinion of the supervisor, the animal's condition is such that imminent destruction is necessary as a humane gesture and for the protection of other animals with which the animal may come into contact.

(g)

Any animal impounded and taken to the animal control shelter and held for the prescribed five-day period and not claimed or sold may be requested by and sold to any medical college conducting research.

(h)

The owner of an animal which has bitten someone and been impounded and taken to the animal shelter for observation shall be exempt from payment of the impounding fee and boarding fee under the following circumstances:

(1)

The animal was under control on the owner's property at the time of the biting incident.

(2)

The animal was vaccinated, licensed and tagged in compliance with this Code.

(3)

The person bitten was a trespasser at the time of the bite.

(i)

Any animal that has been impounded at the animal shelter for the prescribed five calendar days or given by the owner by signature may be offered for adoption immediately for the sum established by the city.

(Code 1976, § 5-11)