9.28.070 Procedures for immediate impoundment.
A. The animal control officer may immediately seize and impound an animal for violation of this title or the laws of this state without providing a preimpoundment notice of hearing under the following circumstances:
1. The owner and/or possessor of the animal provides consent for the impoundment;
2. The animal is at large and immediate impoundment of the animal is authorized under Section 9.28.050(A);
3. The animal control officer has reasonable grounds to believe that the animal may be rabid;
4. The animal control officer has reasonable grounds to believe that the animal is a potentially dangerous or dangerous animal as described in Chapter 9.24;
5. To protect an animal which is injured, sick, starving or suffering from heat, cold or confinement, which is in need of immediate care;
6. When immediate seizure is necessary to protect from injury any animal which has strayed onto a public street or highway or other public place;
7. When the animal control officer has reasonable grounds to believe that immediate impoundment is necessary to protect the public health or safety of any person or animal;
8. Pending an administrative hearing pursuant to Chapter 9.24 or any judicial proceeding.
B. The animal control officer shall within twenty-four hours of the impoundment serve notice of impoundment either in writing or verbally to the owner and/or possessor of the animal pursuant to Section 9.32.020. The notice shall state:
1. The date and location of impoundment;
2. The location where the animal is impounded;
3. The grounds for impoundment;
4. The period the animal will be held pursuant to section 9.28.080 before being humanely euthanized or otherwise disposed of.
C. In lieu of impounding, and if not contrary to public safety, the animal control officer may permit the animal to be confined at the owner’s expense in an animal control officer-approved dog kennel or veterinary facility or at the owner’s residence, provided the owner:
1. Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the animal control officer; and
2. Shall make the animal available for observation and inspection by the animal control officer or members of law enforcement or their authorized representatives. The animal control officer shall dictate to the owner or custodian the exact way the animal is to be restrained while awaiting the hearing.
D. The owner may request a hearing if he/she believes that the impoundment was unlawful by filing a written appeal with the animal control officer.
E. If an appeal hearing is requested, it shall be conducted in accordance with the procedures specified in Section 9.28.060(C) and shall be scheduled no later than five days after the date the appeal was filed. The animal hearing officer shall determine whether the impoundment was authorized under this title. If the impoundment is found to be unlawful, the animal shall be released forthwith to the owner, and the costs of impoundment shall be borne by the city.
(Ord. 2185 NCS §2 (part), 2004.)