§ 5-8. Seizure, destruction of animals adjudged nuisances; disposal of impounded animals; compensation to owners; exemption of feral cats from the five-day holding period.

(a)

When a court of competent jurisdiction adjudges an animal a nuisance under this chapter or other law, the Department Manager or authorized assistant may seize the animal and offer it for adoption, or destroy it in an humane manner. The Department Manager may likewise offer for adoption, destroy or otherwise dispose of any animal impounded pursuant to this chapter but only according to the procedure in this section. Unless determined by a veterinarian to be diseased or in pain, an animal may not be destroyed during the first five (5) working days after impoundment. In addition, an animal may not be adopted out or released to anyone other than its owner during the first five (5) working days after impoundment. If the animal is not destroyed according to a veterinarian's determination or claimed by its owner during the initial five-day period, then the animal may be offered for adoption or destroyed if:

(1)

No owner exists;

(2)

An owner is not identified within five (5) working days after attempts by the Department Manager to do so;

(3)

The owner exists but cannot be contacted after reasonable attempts by the Department Manager to do so for a reasonable period of time; or

(4)

An owner has been contacted but has by his actions, failure to act, or statements, indicated an intent to abandon the animal.

(b)

The Department Manager shall make every reasonable effort to identify and notify the owner or keeper of the impoundment of his animal pursuant to this chapter, and such efforts shall be made for a reasonable period of time as determined by the City Council by resolution. However, where the Department Manager complies fully and makes every reasonable effort based on the situation to identify and notify such owner or keeper, and where such efforts fail, resulting in the adoption or destruction or other disposal of the animal, the Department Manager shall be deemed to have complied fully with due process of law, and no owner or keeper shall be entitled to any compensation for loss of the animal.

(c)

In the case of suspected feral cats, the Department Manager has the authority to hold and observe the suspected feral cat for a 72-hour period; thereafter, if the cat is determined to be feral by the Department Manager, he has the authority to euthanize the feral cat prior to the five-day holding period.

(Code 1999, § 3-8)