§ 4-98. Disposition of vicious, abused or dangerous animals.

(a)

Any animal, which is suspected of being vicious, abused or dangerous, may be seized by a designated animal control officer or peace officer and impounded in an animal shelter as determined by the animal control board. In the event the animal control officer or peace officer cannot catch the animal without exposing the officer and/or citizens to danger or personal injury the animal may be destroyed.

(b)

If an owner refuses the animal control officer entry upon property to view an animal suspected of being vicious, abused, or dangerous, the officer may report this information to the city chief of police who may then request a search warrant from a magistrate. Such requests shall detail the reason why the warrant is necessary and that the animal control officer and chief of police have reason to believe a violation of this chapter exists.

(c)

In connection with such seizure, the owner of the animal shall be charged with the appropriate violation of this chapter or the state code.

(1)

If the owner is ultimately found not guilty of violating this chapter or the state code, the animal involved shall be returned to the owner, and the owner shall bear no costs of the confinement.

(2)

If the owner is found or pleads guilty of violating this chapter or the state code, the animal shall be returned to the owner only upon full payment of the confinement expenses, except vicious or dangerous animals shall be humanely destroyed at the direction of the animal control board. The animal control board shall provide for notice and hearing to the owner or person harboring or maintaining any abused animal before destroying said animal. The owner shall pay all confinement and euthanasia expenses of a confined animal.

(3)

If after the conclusion of the court case, the owner does not redeem the animal, it will be held 15 days, and thereafter put up for adoption or destroyed as deemed appropriate by the director. The owner shall pay all confinement and euthanasia expenses of a confined animal.

(Prior Code, § 55.13A)