§ 5-2-10 Impounding | St. George City Code

5-2-10: IMPOUNDING:

A. Authority; Applicable Animals: The division lieutenant shall place any animals which he takes into custody in a designated animal impound facility. The following animals may be taken into custody by the division lieutenant and impounded without the filing of a complaint:

1. Any animal being kept or maintained contrary to the provisions of this chapter;

2. Any animal running at large contrary to the provisions of this chapter;

3. Any animal which is by this chapter required to be licensed and is not licensed. Any animal not wearing a tag shall be presumed to be unlicensed for purposes of this section;

4. Any abandoned animal;

5. Animals which are not vaccinated for rabies in accordance with the requirements of this chapter; or

6. Any vicious animal not in compliance with section 5-2-7G of this chapter.

B. Information Required: The impounding of any animal in this chapter shall require the following information to be kept by the division lieutenant:

1. Complete description of the animal, including tag numbers if any;

2. The manner and date of impound;

3. The location of the pick up and name of the officer picking up the animal;

4. The manner and date of disposal;

5. The name and address of the redeemer or purchaser;

6. The name and address of any person relinquishing an animal to the impound facility;

7. All fees received; and

8. All expenses accrued during impoundment. (Ord. 81-11-2, 11-5-1981; amd. 2003 Code)

C. Animals shall be impounded for a minimum of three (3) days before further disposition, unless relinquished by the owner or custodian for the express purpose of destruction. Disposition by destruction shall not occur until after the fifth day of impound, except in the case of attacking dogs or vicious animals when deemed necessary by the animal control officer in the public interest. Reasonable effort shall be made to notify the owner of any animal wearing a license or other identification during that time. Notice shall be deemed given when sent to the last known address of the listed owner. Where owner notification has occurred, and at the animal control officer’s discretion, impoundment of an animal may be extended at the owner’s expense for up to ten (10) days before disposition. (Ord. 6-1-1988, 6-2-1988)

D. Disposition: All dogs and cats, except for those quarantined or confined by court order, held longer than the minimum impound period, and all dogs and cats voluntarily relinquished to the impound facility, may be destroyed or sold as the division lieutenant shall direct. Any licensed animal impounded and having or suspected of having serious physical injury or contagious disease requiring medical attention, may, without waiting the minimum impound period, in the discretion of the division lieutenant, be released to the care of a veterinarian or destroyed for humane reasons, provided consent be obtained in advance from the owner or custodian, if known and available.

E. Redemption: The owner of any impounded animal or his authorized representative may redeem such animal before disposition as provided in subsection D of this section, provided he pays:

1. The impound fee;

2. The daily board charge;

3. Veterinary costs incurred during the impound period, including rabies vaccination; and

4. License fee, if required. (Ord. 81-11-2, 11-5-1981; amd. 2003 Code)

1. Impound fees shall be in such amounts as established by resolution of the city council. (Ord. 2000-03-003, 3-16-2000; amd. 2003 Code)

2. The animal control officer, in his discretion, may waive an impound fee under appropriate circumstances for animals confined pursuant to section 5-2-6C of this chapter, but board charges shall be paid in any event. (Ord. 6-1-1988, 6-2-1988)

1. Animals may be given up after three (3) days to responsible adults for “adoption,” upon a showing that they can provide an adequate home, and disposition by that method shall relieve the city of further responsibility to any party for the animal. The city reserves the right to refuse any adoption. No warranty of any type may be given as to the health, disposition or suitability of the animal so adopted, although records shall be kept of any person to whom an animal is given. There shall be no charge for animals given up for adoption, except that no animal shall be given to a former owner, directly or indirectly, without payment by the recipient of all fees required by subsection E of this section, and any attempt to bypass the payment of impound charges shall be unlawful.

2. Any person denied the right to adopt an animal may appeal the denial by filing a notice of appeal with the city recorder’s office within ten (10) days of the denial. The notice of appeal shall contain the applicant’s name, mailing address, daytime telephone number, and the relief sought. Upon receipt of the notice of appeal, the appeal officer shall conduct a hearing within five (5) working days following receipt of the notice of appeal, unless an extension is requested by the applicant. At the hearing, the appeal officer shall allow the animal control officer and the petitioner, or the representative of either, to present any relevant evidence, including reliable hearsay evidence, and shall then, based on the evidence presented, affirm or overturn the decision to deny the adoption. During the appeal process, the adoptee animal shall be retained by the shelter. If the appeal officer affirms the denial, the adoptee animal shall be treated as any other animal. If the appeal officer overturns the denial, the adoptee animal shall be adopted to the petitioner as soon as reasonably practical.

3. The city council shall appoint an appeal officer to hear a notice of appeal. (Ord. 2001-08-002, 8-2-2001)