§ 10-326. IMPOUNDMENT; BITING OR ATTACKING ANIMAL.

(a)

The poundmaster shall have the power to summarily and immediately impound a dog or other animal where there is evidence it has attacked, bitten or injured any human being or other animal pending any court or dog license or animal permit revocation proceeding arising from the attack, bite or injury. The poundmaster or his duly authorized representative may enter and inspect private property to enforce the provisions of this section.

Failure to surrender to the poundmaster upon demand a dog or other animal which is subject to being impounded pursuant to this section is a misdemeanor.

A dog or other animal, impounded pursuant to the authority of this section, shall be returned to the owner or custodian as provided by section 10-327 or when it is no longer required as evidence, or if a notice of an investigation to determine if an animal is dangerous or potentially dangerous pursuant to section 10-327 has not been served on the owner or custodian within seven days after the impoundment.

(b)

In lieu of impoundment pursuant to this section, the poundmaster may permit the dog or other animal to be confined at the owner's or custodian's expense in a dog kennel by the poundmaster or veterinary facility within the city or at the owner's or custodian's residence in an enclosure described in subsection (d) provided that the owner or custodian:

(1)

shall not remove the dog or other animal from the kennel, veterinary facility or residence without the prior written approval of the poundmaster or his authorized representative; and

(2)

shall make the dog or other animal available for observation and inspection by the poundmaster and members of law enforcement or their authorized representatives;

(3)

shall verify to the poundmaster that the dog or other animal will be confined in such a way as to prevent its coming into contact with members of the public other than the immediate family of the owner or custodian.

(c)

The poundmaster or his designated representative may have a dog or other animal, impounded or confined as provided in subsections (a) or (b), identified by means of permanent marking prior to release from impound or confinement.

(d)

For purposes of this section, "enclosure" shall mean a fence or structure of at least six feet in height, forming a confined area sufficient to prevent the entry of young children, and effective in containing the dog or other animal. Such enclosure shall be securely enclosed and locked and equipped with secure sides, top and bottom, and shall be designed to prevent the dog or other animal from escaping from the enclosure.

(Added Ord. 88-41, § 10, eff. 4-8-88; Am. Ord. 2006-33, § 5, eff. 5-18-06; Am. Ord. 2006-34, § 5, eff. 5-18-06).