7.04.060 Impoundment and redemption.
A. Impoundment. An officer may impound any pet animal when the animal or the owner or keeper of such animal is in violation of LMC 7.04.050, 7.04.052, and 7.04.070.
B. Notification of owner. Upon any pet animal being impounded, Animal Services shall, as soon as feasible, notify the owner or keeper, if the owner or keeper is known, of the impoundment of the pet animal, and the terms required for the pet animal’s return to the owner or keeper. Notification will be made by telephone, if possible, and next by written notice if the owner’s or keeper’s telephone number is unknown. If the owner or keeper cannot be identified, then notification of impoundment will be posted on a recorded outgoing telephone message (See subsection D of this section) and shall include a description of the pet animal, the reason for impoundment, the general location where the animal was found, and the date the impounding occurred. Notice shall advise the owner or keeper that the pet animal may be placed for adoption or euthanized by Animal Services unless reclaimed within the time limits provided in this section.
C. Reclaim of pet animal fees. The owner or keeper may reclaim any pet animal impounded under this chapter within a forty-eight hour holding period from the time of the impoundment, excluding Sundays and holidays, demonstrating that all of the following conditions have been met:
1. Paying a claim fee pursuant to a posted schedule of fees duly adopted by the Joint Animal Services Commission:
2. Paying all fines and penalties;
3. Paying all medical costs incurred during the animal’s impoundment;
4. Demonstrating that all conditions for the release of the pet animal have been met;
5. Obtaining a license, if the animal was not previously licensed.
The director or designee may specify the date when such fees, fines, penalties, and costs must be paid.
D. Failure by owner to reclaim. If the owner of the pet animal can be identified and fails to reclaim the pet or sign a release of ownership of the pet animal within the forty-eight hour holding period, the pet animal will be considered released to Animal Services. However, the owner or keeper will remain responsible for payment of the impound, medical and service fees. If the failure to reclaim the pet animal is due to the owner’s incarceration or incapacity, notification of that fact to Animal Services will serve to extend the forty-eight hour period by an additional forty-eight hours. The pet animal may be reclaimed during that additional forty-eight hour period by any person who has obtained the written or verbal permission of the owner to reclaim the animal, or by any person who is an agent for the owner or keeper. Verbal permission must be provided by the owner to the director or his/her designee.
E. Availability for adoption. If the pet animal is not reclaimed by the owner or keeper within the period of impoundment, specified in subsection D of this section, it will be made available for adoption during the next forty-eight hours, excluding Sundays and holidays, unless, in the opinion of the Animal Services Director or director’s designee, the animal is unsuitable for adoption, in which case it may be euthanized.
F. Late Reclaim. If a pet is adopted after the forty-eight hour holding period, and an owner or keeper appears to reclaim the animal after that time, return of the animal to the original owner or keeper shall be at the discretion of the adopter.
G. Opportunity for Hearing. Prior to reclaiming any impounded animal, any owner wishing to contest the impoundment of his/her animal and/or the assessment of fees pursuant to impoundment shall be subject to the following procedure:
1. The owner or keeper must appear in person at the Animal Services Shelter, and request the form for contesting impoundment and fees. If the owner is unable to personally appear due to his or her incarceration or incapacity, he or she may provide written or verbal permission to another person to act in his/her place. Verbal permission must be provided to the director or his/her designee.
2. The owner or keeper or his or her designee must complete the form, and sign it under penalty or perjury.
3. The owner or keeper or his or her designee must give the completed form to staff at the Animal Services Shelter. The Animal Services Director or his/her designee will review the form and records on file for the impoundment, will meet with the owner or keeper or his or her designee, and will decide based on all the above whether to impose the fee for impoundment and other such services as set forth in this section, to adjust fees based on the completed form, or to not assess fees based on the completed form. The decision of the director or his/her designee is non-appealable.
H. Owner unknown. If the owner or keeper of a pet animal is not known, a notice providing appropriate information as described in subsection B of this section shall be recorded onto a telephone message device maintained by Animal Services. This notice shall continue to be recorded for a period of ninety-six hours from the date of impoundment, or less if the pet animal is reclaimed or adopted after the forty-eight hour holding period required by subsection D of this section.
I. Sick and injured. All seriously sick or injured pet animals, licensed or not, may be impounded when not in the owner’s or keeper’s possession and may be given emergency medical treatment or euthanized. Costs for any medical treatment provided in this manner will be the responsibility of the owner or keeper of the pet animal, if known, or, if unknown, of Animal Services. The Animal Services Director or designee shall immediately notify the owner, if the owner is known, and if the owner is unknown, make all reasonable efforts to locate and notify the owner.
J. Abandoned pet animals. Any abandoned pet animal is hereby declared a nuisance. Officers have authority to impound any pet animal that:
1. Is found abandoned within any building, establishment, or property, whether public or private; or
2. Comes into the custody of Animal Services due to police or other government action against the pet animal’s owner.
Upon such impoundment, Animal Services shall treat such pet animal in the same manner as other impoundments provided for in this chapter. Litters of puppies and kittens under three months of age brought to or left at the Animal Shelter may be made available for adoption, placed in foster care or euthanized immediately at the discretion of the director or the director’s designee.
K. Euthanasia. If any pet animal is not reclaimed or adopted at the end of the holding period from the time it entered the shelter, it may be disposed of by Animal Services including being euthanized. An animal determined by the director or director’s designee to be feral is subject to being euthanized at any time after its impoundment and will not be subject to the ninety-six hour holding period. (Ord. 1256 §7, 2005; Ord. 1038 §2, 1996).