Chapter 6.10
IMPOUNDMENT
Sections:
6.10.010 Impoundment procedure.
6.10.020 Procedure upon impoundment.
6.10.030 Minimum term of impoundment.
6.10.040 Redemption of impounded animal.
6.10.050 Availability for adoption.
6.10.070 Disposition of animal made available for redemption.
6.10.010 Impoundment procedure.
A. The following animals shall be subject to impoundment:
1. An animal creating a disturbance in violation of Section 6.16.010, where the animal is kept out of doors and the owner is not on the premises. An officer impounding such an animal shall leave a written notice upon the premises from which the animal was seized describing the animal, noting that it has been impounded, where it can be recovered, and giving the date, time and reason for the impoundment;
2. An animal found at large;
3. An animal which has attacked another animal. If the attacked animal was under restraint or confined at the time of the attack it shall not be subject to impoundment under this section;
4. An animal which has attacked a person without provocation;
5. A dog or cat not bearing a license tag as required by Section 6.08.010; and
6. An animal which is found to be in violation of a redemption condition imposed pursuant to Section 6.10.040.
B. Except as provided in subsection (A)(1) of this section, when an officer finds a dog or cat subject to impoundment and the officer knows the identity of the animal’s owner, the officer may cite the owner rather than impound the animal, or impound the animal and cite the owner as circumstances may require.
C. An officer may pursue an animal onto private property in the course of effecting an impoundment under this section. (Ord. 2006-03 (part), 2006: Ord. 87-3 §3(part), 1987).
6.10.020 Procedure upon impoundment.
A. An officer shall take a dog or cat that he has impounded to the animal control center, where the animal shall be confined in a humane manner for a period not less than that described in Section 6.10.030. Documentation of confinement methods approved by the assembly shall be available upon request.
B. Immediately upon receiving an impounded animal, the animal control center shall make a reasonable effort to notify the animal’s owner of the impoundment and the conditions under which the owner may recover the animal.
C. Immediately upon impoundment, any dog or cat will be vaccinated against rabies and other infectious diseases as recommended by a licensed veterinarian.
D. The animal control office may file a complaint against the owner of a dog or cat impounded for creating a disturbance or for being at large, and shall file such complaint if any dog or cat owned by the same person has been so impounded within the past two years. (Ord. 2006-03 (part), 2006: Ord. 87-3 §3 (part), 1987).
6.10.030 Minimum term of impoundment.
A. Unless it is subject to redemption and is sooner redeemed by its owner pursuant to Section 6.10.040, a dog or cat bearing a license tag as required by Section 6.08.110 shall be impounded for not less than one hundred twenty hours, and any other animal shall be impounded for not less than seventy-two hours.
B. The impoundment fee shall be twenty-five dollars per twenty-four-hour period per animal impounded plus the costs of licensing and vaccination fees. (Ord. 2006-03 (part), 2006: Ord. 87-3 §3(part), 1987).
6.10.040 Redemption of impounded animal.
A. Subject to subsections B and C of this section, the owner may redeem an impounded dog or cat upon proving his compliance as to that animal with the applicable licensing requirements of Chapter 6.08 and upon payment of the impoundment fee required under Section 6.10.030(B).
B. The following animals shall not be subject to redemption:
1. An animal that, in the judgment of a licensed veterinarian, ought to be destroyed for humane reasons;
2. An animal impounded in connection with an unprovoked attack by that animal upon another animal or upon a person, which the chief animal control officer determines to be unredeemable in accordance with subsection C of this section.
C. No later than seven days after an animal has been impounded in connection with an attack by that animal upon another animal or upon a person, the chief animal control officer shall determine if such animal is subject to redemption upon consideration of the following factors:
1. The observed and reported behavior of the dog or cat;
2. The circumstances of the instant attack and the extent of the injury of the attacked animal or person;
3. The owner’s past history of compliance with this title, including compliance and redemption conditions, which the chief animal control officer has previously imposed upon the owner’s animal or the owner or both;
4. The nature and location of any restraint or confinement system which the owner has actually in place at the time the chief animal control officer makes a decision.
D. The chief animal control officer may impose conditions reasonably necessary to prevent further attacks by the dog or cat as a requirement of redemption. It is unlawful for an owner to not comply with any such condition of redemption. Upon a finding by the chief animal control officer that any of the conditions imposed pursuant to this section are not met consistently, the animal shall be retrieved and impounded.
E. The chief animal control officer shall make a written record of each decision made pursuant to this section with specificity reasonably calculated to provide interested persons or reviewing authorities with a clear and precise understanding for the decision. A copy of the written decision shall be forwarded to the owner of the animal. (Ord. 2006-03 (part), 2006: Ord. 87-3 §3(part), 1987).
6.10.050 Availability for adoption.
A. At the end of the minimum term of impoundment for a dog or cat, the chief animal control officer shall determine whether the animal shall be made available for adoption. Animals will be held for a maximum of seventy-two hours for adoption.
B. None of the following animals may be made available for adoption:
1. An animal that shows symptoms of a major infectious or contagious disease, as determined by the chief animal control officer;
2. An animal that in the judgment of a licensed veterinarian ought to be destroyed for humane reasons;
3. An animal determined by a court of competent jurisdiction to be unadoptable;
4. An animal that is a subject of a pending administrative or judicial hearing or appeal;
5. An animal that is subject to a quarantine or protective custody imposed pursuant to this title; and
6. An animal that is not subject to redemption under Section 6.10.040(B).
C. The chief animal control officer shall make the decision whether the animal shall be held for adoption or not. (Ord. 2006-03 (part), 2006: Ord. 87-3 §3(part), 1987).
6.10.060 Adoption procedure.
A. 1. No person less than eighteen years of age may adopt an animal from the animal control center. A person adopting an impounded animal shall pay an adoption fee to help defray the cost of impounding and caring for the animal.
2. The adoption fee shall be no less than the amount of thirty dollars during which the animal to be adopted was held in the care and custody of the borough, plus the cost for licensing, vaccination fees, and a deposit for sterilization.
B. A person adopting an animal shall comply with the licensing requirements of Chapter 6.08 as they apply to that animal.
C. The chief animal control officer will require by regulation that no impounded cat or dog may be adopted unless the animal has been spayed or neutered. A deposit of one hundred dollars is required at the time of adoption for this purpose. This deposit is refundable upon proof of sterilization.
D. A person is not eligible to adopt an animal for twenty-four months after a court of competent jurisdiction finds that he/she has violated provisions of this title and that such violation is his/her second violation of this title within the previous twelve months.
E. A person shall not be eligible to adopt an animal at any time after a court of competent jurisdiction finds that he/she has violated this title more than once. (Ord. 2006-03 (part), 2006: Ord. 87-3 §3(part), 1987).
6.10.070 Disposition of animal made available for redemption.
A. Pending a final decision and any appeals from that decision, an impounded animal that is a subject of a hearing or appeal pursuant to Section 6.10.060 or criminal proceedings before a court of competent jurisdiction shall be held in the animal control center or in such other facilities that the chief animal control officer may designate pursuant to Section 6.08.040.
B. The following animals may be destroyed at any time:
1. An animal described in Section 6.04.020;
2. An animal whose owner has requested that it be destroyed unless such destruction has been prohibited by an agency or court of competent jurisdiction;
3. An animal, which is eligible for adoption, but remains unadopted after expiration of the minimum term of impoundment, stated in Section 6.10.050(A).
C. A dog or cat, which is not eligible for redemption or adoption, may be destroyed at any time after the right to appeal has expired without being invoked, or all appeals, which have been timely requested, have been completed with regard to that animal.
D. Destruction of every animal shall be accomplished by the chief animal control officer or his designee by lethal injection or other humane methods approved by the American Veterinary Medical Association. (Ord. 2006-03 (part), 2006: Ord. 87-3 §3(part), 1987).
6.10.080 Hearing--Appeals.
A. A person who owns an impounded animal who is not the subject of a criminal proceeding related to the impoundment of that animal who cannot redeem the animal because:
1. The animal is not subject to redemption under Section 6.10.040(B); or
2. The chief animal control officer has disposed of the animal under Section 6.10.040(B); may within fifteen days after the impoundment of the animal, apply for a hearing before the chief animal control officer or his designee, who shall hold a hearing pursuant to this section.
B. If, on the basis of the hearing, the chief animal control officer finds the impoundment, withholding from redemption, or disposition of the animal was not in accordance with the law, the chief animal control officer shall:
1. If the animal is in the custody of the animal control center, order that the animal be returned to its owner;
2. If the animal has been disposed of, award the owner compensation in the amount of the fair market value of the animal at the time of the impoundment, but in no case shall the borough award compensation to an owner in excess of five hundred dollars.
C. A person aggrieved by the decision of the chief animal control officer as designee may within fifteen days of the decision appeal that decision to the borough manager or his designee pursuant to this section. (Ord. 2006-03 (part), 2006: Ord. 87-3 §3 (part), 1987).