§ 10-119. Disposition of animal in certain circumstances.

(a)

If a person is found guilty of an offense under subsection 10-117(a) or 10-117(b), the court may order the animal services officer to impound and destroy the animal immediately.

(b)

The animal services officer may obtain a search and seizure warrant from the municipal court if the owner of a dangerous animal falls out of compliance with the requirements contained in section 10-114. The animal will remain impounded until proof as required by section 10-114 has been satisfied and is approved by the animal services officer or the animal is destroyed pursuant to an order of the court.

(c)

If impoundment of a dangerous animal is being attempted away from the premises of the owner and the impoundment cannot be made safely, the animal may be destroyed without notice to the owner. If an attempt is made to impound a dangerous animal from the premises of the owner and the impoundment cannot be made safely, the owner will be given twenty-four (24) hour notice that if said animal is not surrendered to animal services within said twenty-four (24) hour period, then the animal will be destroyed wherever it is found. After this notice, the dangerous animal may be destroyed during an attempt to impound if impoundment cannot be made safely, wherever the impoundment is attempted. Notice under this section shall be in writing. A written notice left at the entrance to the premise where the dangerous animal is harbored will be considered valid notice as of the date and time of posting. In lieu of surrendering the animal to animal services, an owner may permanently remove said animal from the city, if written proof of destination is provided to the animal services officer and transport is made in compliance with this article.

(d)

A dangerous animal impounded pursuant to this section and not reclaimed by its owner under the requirements of this section within ten (10) calendar days from the date of notice of impoundment shall be deemed abandoned and, at the discretion of the animal services officer, may be euthanized in a humane manner.

(e)

In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000. An attorney having civil jurisdiction for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the city.

(Ord. No. O-2013-004-04, § 1, 3-25-13)