§ 5-147. Summary seizure and impoundment of animals.  


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  • Except as provided in Sections 5-141 and 5-145, an animal regulation officer may seize and impound an animal for any violation of this chapter or state law prior to a hearing in any of the following situations where the owner of the animal is not present and where the officer reasonably believes that such seizure is necessary:

    (a)

    To protect the public health, safety and welfare;

    (b)

    To protect an animal which is injured, sick or starving and must be cared for;

    (c)

    To protect an animal from injury which has strayed onto public property or a public right-of-way; or

    (d)

    To protect domestic animals.

    Regardless of the above, if the officer has probable cause to believe an animal may be designated as dangerous, the owner is unwilling or unable to correct the situation immediately, and the animal poses an imminent threat to the safety of persons or domestic animals, the animal may be seized.

    If the owner of the animal wishes to challenge the impoundment, such owner shall personally deliver or mail a written request for a hearing, such that it is received by the director within seventy-two (72) hours after the impoundment.

    If a valid request for a hearing is filed, the director shall set the time and place for the hearing and cause notice of such hearing to be given pursuant to Section 5-20. The hearing shall be conducted pursuant to Section 5-30.

(Ord. No. 4910 § 7, 1995.)