An animal enforcement officer, police officer, humane officer, or other person authorized and contracting with the City to do so may impound any animal:
found at large;
whose owner or custodian does not have the required license or permit for the animal;
that is found without a license tag required by this title;
that poses a threat to public health, safety, or welfare;
reasonably believed to be a dangerous or vicious animal;
placed at risk by its health or environment;
that is abandoned;
that is prohibited in the City;
reasonably believed to be a public nuisance animal;
whose owner or custodian is in violation of this title; or
whose owner or custodian is in violation of any other animal control or protection law, rule, or regulation of this City or State.
Ord. 11-573
Ord. 14-230
On the determination that an animal should be impounded, an animal enforcement officer, police officer, humane officer, or other person authorized and contracting with the City to do so may, subject to <cite data-path="|health|§10-108">§ 10-108 of this subtitle</cite>, enter onto public or private property, remove the animal, and impound it at an animal shelter or other facility approved by the Commissioner.
If an animal is impounded, the owner or operator of the facility must immediately notify the Office of the impoundment and provide any information that the Office reasonably requires.
Ord. 11-573
When an animal is impounded, the Office must make a reasonable attempt to provide notice of the impoundment to the animal’s owner or custodian.
The notice must include:the name, if known, of the owner or custodian;
a description of the animal seized;
the violation of this title, including a reference to the specific legal authority for the impoundment;
the manner and time in which the person must either:reclaim the animal; or
request a hearing on the violation;
a contact person and telephone number at the Office; and
a statement that if the owner or custodian fails to act within 72 hours of the impoundment, the animal will become the property of the City.
If the Office cannot ascertain the identity and address of the owner or custodian, the animal is considered abandoned and becomes property of the City after 72 hours from the impoundment.
Ord. 11-573
The impounded animal must be kept for at least 72 hours, unless sooner reclaimed by its owner or custodian or otherwise required by law.
If the Office reasonably believes that the animal is a dangerous or vicious animal, the Office must hold the animal pending a hearing under Subtitle 10 of this title.
If the Office reasonably believes that the return of an animal prior to the disposition of a case would be detrimental to the animal’s health and welfare, the Office may hold an impounded animal for more than 72 hours while conducting an investigation of:possible violations of Federal, State, or local laws or regulations governing the proper care and treatment of animals; or
a complaint under §10-108 {“Inspections, investigation of complaints, and impoundment”} of this title.
If the needs of an animal held under this section cannot be provided for at the Office, or the Office determines that it would benefit the animal’s health or welfare to do so, the animal may be temporarily:held at a humane organization;
placed with a foster custodian; or
housed at another appropriate location.
Whenever an animal is being temporarily held at a location other than the Office, as provided in paragraph (2) of this subsection, the Office may keep the location confidential if the Office reasonably believes that disclosure of the location could result in harm to either the animal or the temporary custodian.
If the owner or custodian is aggrieved by the animal’s impoundment, he or she may request a hearing under Subtitle 10 of this title.
Ord. 11-573
Ord. 15-322
The owner or custodian has the right to reclaim the animal within 72 hours of the impoundment.
If the owner or custodian seeks to reclaim the animal, the Office may require the owner or custodian to:provide proof of legal title to or custodianship of the animal or provide an affidavit of legal title or custodianship;
demonstrate that the animal has the required license or permit;
pay any fees or expenses required by the Office for the care, feeding, housing, and veterinary care of the animal during the impoundment;
allow the Office to microchip the animal at the owner’s or custodian’s expense; and
allow the Office to alter the animal at the owner’s or custodian’s expense.
Ord. 11-573
If an impounded animal is not reclaimed within 72 hours of impoundment, the animal is abandoned and immediately becomes property of the City.
If an animal is surrendered to the Office by its owner, the animal immediately becomes property of the City.
Once an animal becomes City property under this section, the Office must:place the animal for adoption;
humanely euthanize the animal; or
transfer the animal by any method that is advantageous to the City and the public interest and is not prohibited by law.
Ord. 11-573
An animal that becomes City property under this subtitle may be altered before being released for adoption, rescue, or otherwise, unless the animal weighs less than 2 pounds.
Ord. 11-573
Even if an animal is not reclaimed by the owner or custodian, the owner or custodian may still be required to pay for fees or expenses related to the impoundment through the date when the animal became City property.
Ord. 11-573