§ 5-117. Impoundment of animals due to non-compliance.

If an owner of animals intentionally, knowingly, or recklessly engages in non-compliance or refusal to comply with permit ordinance requirements, the department may seek to impound and take ownership of any available animals if the city follows the process outlined below.

The department shall send certified letter of notice to the animal owner indicating the department's decision to seize the animal(s) if compliance is not achieved within ten (10) days of receipt of the letter.

(1)

The letter shall include the history of past violations, compliance requirements and instructions regarding the appeal process and deadlines.

(2)

The owner must come into compliance or request an appeal hearing to municipal court and provide notice in writing to the animal care services department within the deadline outlined in the letter.

(3)

The following outlines the appeal/hearing process:

a.

The owner must submit in writing a request for an appeal hearing to the department within ten (10) days following receipt of the notification letter.

Upon receipt of the appeal request, no animal may be impounded until after the requested hearing is complete, or an additional court order is received.

b.

A requested hearing will be scheduled no earlier than the 11th day after the date of the service of notice at a date and time determined by the court.

c.

The municipal court shall issue an order of resolution following the conclusion of the hearing.

(4)

If the department determines that the owner did not achieve compliance, if the owner did not request a hearing/appeal within the required period of time, or if the determination of the appeal hearing finds non-compliance, the department is authorized to immediately remove the subject animal(s) via court order.

a.

The department shall take ownership of the animal immediately upon removal from the property; and

b.

Upon taking ownership, the department has the authority to immediately dispose of the animal(s) as determined by the department.

(Ord. No. 2017-10-05-0755 , § 1, 10-5-17)