§ 7-4-820. Impoundment of animals.

Whenever there is any violation of any provision of this Article, the Animal Control Officer, any police officer or any authorized agent of the Licensing Authority may impound any animal when such officer reasonably considers such impoundment to be in the best interest of the animal or of the public. It is lawful for an administrative officer or other authorized person to go upon private property for the purpose of catching any animal for impoundment and to use any means reasonably available to effect such impoundment. Impoundment shall be in the animal shelter designated from time to time by the Town.

(1)

Notice to owner of impoundment. As soon as practicable after the date of impoundment, the Animal Control Officer or the authorized agent of the Licensing Authority shall cause to be posted in a conspicuous place in the Town for seventy-two (72) consecutive hours a notice of impoundment. The notice herein provided shall describe the animal, state the date of impoundment and set forth the location from which the animal was taken.

(2)

Redemption of animal; impoundment charges. Any owner of an animal desiring to redeem such animal from the animal shelter shall pay a redemption fee as established by the animal shelter, unless an amount is established by resolution by the Board of Trustees to offset the Town's costs. In addition, if such dog or cat is unlicensed, the owner must license the dog or cat pursuant to the provisions of this Article prior to the animal's release. If such dog or cat is licensed but the license has been lost, the license tag must be replaced prior to the release of the dog or cat.

(3)

Sale or other disposal of impounded animals. Any animal not reclaimed by the owner shall be held by the animal shelter for a minimum of five (5) days after acquisition by the animal shelter before it may become available for adoption or otherwise disposed of at the discretion of the animal shelter; except that an animal shelter supervisor may determine that an animal without identification, including but not limited to a microchip or collar, may be disposed of in three (3) days if the animal shelter supervisor determines that the animal shelter has no additional resources for such animal or determines that such animal is dangerous. For purposes of this Subsection, days means the days during which the animal shelter is open to the public. Animals which, in the opinion of a veterinarian or the animal shelter supervisor if a veterinarian is not available, are experiencing extreme pain or suffering, may be disposed of immediately by the animal shelter through euthanasia after the animal shelter has exhausted reasonable efforts to contact the owner; however, for animals with identification, the animal shelter shall exhaust reasonable efforts to contact the owner for up to twenty-four (24) hours.

(4)

Liability for accident or subsequent disease from impoundment. The Town, its officers and employees, the animal shelter and its employees, the designated agent, any police officer or any other person enforcing the provisions of this Article shall not be held responsible for any accident or any subsequent disease in connection with the impoundment of an animal.

(5)

Optional animal-at-large procedure. In lieu of impounding an animal found at large, any police officer or Animal Control Officer may issue to the owner of such animal a notice of Code violation. Such notice shall impose upon the owner a civil fine of twenty-five dollars ($25.00) and order that such fine be paid to the Licensing Authority within seventy-two (72) hours in full satisfaction of the assessed penalty. In the event that such fine is not paid within the time period prescribed, a summons shall be issued in accordance with Section 7-4-810 of this Article. This optional procedure is available only for the first offense by an owner; second and subsequent offenses require a summons and court appearance. (Ord. 20-1998 §9.10.01; Ord. 3-2002 §1; Ord. 11-2007 §1)