Athens City Code

1. (1) When there is a violation of any section of this title or a violation of any state law with respect to animals, an officer of the city may seize the animal and impound such animal in the city animal shelter following the issuance of a warrant by the city judge or any other judge authorized to issue a warrant, or under circumstances where a warrant is not required under applicable law, when the seizure and impoundment is deemed reasonable and necessary by the officer to:
   1. (a) Remove the animal from a substantial risk of harm;
   2. (b) Prevent the animal from causing harm or danger to other animals, persons or property; or
   3. (c) Preserve evidence of a violation of a city ordinance or state law.
2. (2) When an animal is seized or impounded, the officer shall make a reasonable effort to determine the owner of the animal. When the owner of the animal is ascertained, the officer shall notify the owner in writing of the seizure and impoundment by delivery of such written notice in person or by posting mail to the last known address of the owner within 24 hours of ascertaining the owner of the animal.
3. (3) Any animal seized and impounded pursuant to this section shall remain impounded under the circumstances as follows:
   1. (a) If the animal has been seized pursuant to ACC 10-88 for running at large and the owner cannot be ascertained, the provisions of ACC 10-88 apply.
   2. (b) If the owner has been issued a citation or been arrested for a violation of any section of this title or state law, the animal shall remain impounded until the disposition of the case if the animal control officer for the city has reason to believe that the animal poses a threat of harm to other animals, persons or property if released to the owner prior to disposition of the case or the animal control officer has reason to believe that the animal had been abused or neglected prior to impoundment and returning the animal to the owner exposes the animal to a risk of further abuse and neglect which threatens the safety and health of the animal if released to the owner prior to disposition of the case.
4. (4) This section shall not be interpreted to void any other section of this title with all sections to be given full effect and enforcement, and if there is any inconsistency, this section shall control.

(Code 1995, § 10-301; Ord. No. 891, 1-15-2002; Ord. No. 986, 3-16-2010)