§ 3-205. Sale and disposition of animals not retrieved by owners.

(1)

Except as hereinafter provided, any animal which is impounded by the City pursuant to the provisions of this chapter, shall be sold, destroyed or otherwise disposed of after five (5) days from the time of its impoundment at the Animal Welfare Center; provided, however, in the event an animal is taken into custody by an Animal Welfare Officer and the animal has been injured or otherwise disabled which ordinarily would require the animal's destruction or treatment by a veterinarian, the Animal Welfare Supervisor may order its destruction if the ownership of such animal cannot be determined within a reasonable period of time. Should such ownership be determined, the injured or disabled animal shall be promptly delivered over to such owner.

(2)

An animal's impoundment period will be increased by forty-eight (48) hours should that impounded animal display a tag, microchip or markings indicating that:

(a)

The owner of such animal is a City resident; or

(b)

Such animal displays a tag which indicates it is vaccinated against rabies.

(3)

Notwithstanding any provisions of this chapter, no animal suspected of being rabid or otherwise diseased shall be destroyed until such destruction is recommended by the Animal Welfare Supervisor.

(4)

The manner and method of disposal or destruction of an impounded animal shall be directed by the Animal Welfare Supervisor; and such disposal may include but not limited to adoptions, euthanasia, or transfer to another animal welfare groups, an animal rescue group or other animal welfare facility. For domestic animals other than dogs and cats sale by auction may be utilized as outlined in state law. No live animals shall be released or sold to any facility for educational, scientific and/or medical research.

(5)

Adoption or sale may be refused to anyone the Animal Welfare Supervisor determines meets one (1) or more of the following:

(a)

Had a record of cruelty to animals;

(b)

Is under eighteen (18) years of age;

(c)

Has committed acts of harassment to animals;

(d)

Owns other animals which are in violation of any requirement of this chapter;

(e)

Refuses to comply with adoption requirement;

(f)

Has released two (2) or more animals to the Animal Welfare Center in the past six (6) months;

(g)

Lacks adequate housing and/or fencing to contain the animals(s); or

(h)

Has a conviction in Municipal Court for any violation of this chapter.

(Ord. No. 0-7475-56; Ord. No. O-0809-18, § 2; Ord. No. 0-1516-18, § 2)

Editor's note

Section 2 of Ord. No. 0-1516-18, adopted March 8, 2016, changed the title of § 3-205 from "Sale and disposal of animals not retrieved by owners" to read as herein set out.