§ 91.070. IMPOUNDMENT AUTHORIZED; EUTHANASIA OF UNCLAIMED ANIMALS.  


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  • (A) Unrestrained animals, excluding community cats, shall be taken by the Animal Control Officer, peace officer, or may be turned in by any citizen, impounded in the animal shelter and there confined in a humane manner. However, if after a reasonable effort the seizure of any such unrestrained animal cannot be made or should the animal present a hazard to public safety or property or have an injury or physical condition which causes the animal to suffer, the Animal Control Officer or peace officer may immediately destroy the animal by the most reasonable and humane means then available.
    (B) Impounded dogs, owned cats, or ferrets shall be kept for not less than five days (or any state-mandated holding period), unless reclaimed by their owners. All other domestic animals or owned wildlife shall be held for not less than three days unless reclaimed by their owner. If the owner can be identified by means of a license tag or otherwise, the impounding agency shall immediately notify the owner by the most expedient means available of the impoundment of the animal. Animals not reclaimed by their owners within the established time periods and those not placed in suitable new homes after such time, may be humanely euthanized by MAS. However, if an impounded animal has an injury or physical condition which causes the animal to suffer, MAS may immediately humanely euthanize the animal.
    (C) Any dog which has been declared to be a dangerous dog, or a potentially dangerous dog by the Director and whose owner has not complied with all of the requirements of this chapter for owning or maintaining such a dog, shall be impounded.
    (D) Any animal deliberately used to facilitate an act that is illegal under federal, state, or metro law shall be impounded.
    (E) Any animal impounded under subsections (C) and/or (D) shall not be released, except upon terms and conditions imposed by the Director that are in the interest of public safety and welfare.
    (F) A licensed or registered animal which is found by an ACO loose and not under restraint but wearing its required tags which, and which does not otherwise meet any of the other definitions of an at-risk dog, may be returned to its owner by the ACO with a warning that the animal is in violation, that must be confined or restrained in accordance with this chapter, and that a further violation may result in impoundment, a citation, or a fine or civil penalty.
    (G) A licensed or registered animal which is found for the second time by an ACO loose and not under restraint, but wearing its required tags, shall be impounded and the owner cited under the provisions of this chapter.
    (H) An unlicensed animal whose owner has previously been notified or cited by MAS for failing to license such animal may be impounded if the animal is found to be unlicensed a second time by MAS.
    (1994 Jeff. Code, § 91.035) (Jeff. Ord. 17-1990, adopted and effective 12-19-1990; Jeff. Am.Ord. 46-1996, adopted and effective 12-10-1996; Jeff. Am. Ord. 24-2000, adopted and effective 10-10-2000; Lou. Metro Am. Ord. No. 97-2003, approved 5-16-2003; Lou. Metro Am. Ord. No. 233-2006, approved 1-4-2007; Lou. Metro Am. Ord. No. 290-2007, approved 12-20-2007; Lou. Metro Am. Ord. No. 79-2012, approved 4-30-12) Penalty, see § 91.999