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)

Any animal or fowl found running at large in violation of this chapter may be seized by the animal control officer or by any police officer and confined in an animal shelter provided or designated by the city manager. If the owner is known, that individual shall be given notice in person, by telephone, or by mail. If the owner is not known, the animal shall be confined in the shelter for a period not less than three working days to allow an owner to reclaim that animal. In order to reclaim his animal, the owner must pay an impoundment fee plus a boarding fee which is to be established by the city council. Any animal not reclaimed by its owner within three working days after the date of seizure shall become the property of local government authority and shall be placed for adoption in a suitable home subject to shelter adoption procedure. The unclaimed animal may be disposed of after an additional five working days by veterinarian-supervised euthanization. Disposal of an animal does not relieve the owner of liability for violations, nor shall the city, or any of its agents or employees, be in any way responsible for any animal disposed of as provided in this title. The city and its officials shall not be responsible for any illness, disease, or death occurring to any animal confined in the city's animal shelter, as stipulated in the city standard operating procedures.

(Code 1972, § 3-107; Code 1995, § 10-107; Ord. No. 917, 4-20-2004)

The city manager shall establish an animal shelter for keeping impounded animals. The shelter may be operated directly by the city or it may be operated by a veterinarian or other suitable person or organization under contract with the city. The shelter shall be operated as provided by the city standard operating procedures for animal control, as prepared by the animal control commission, approved by the city council.

(Code 1972, § 3-108; Code 1995, § 10-108)

It shall be the duty of the animal control officer to take proper care at all times of all animals held in custody by the city, and he shall provide adequate food, drink, and shelter as prescribed in the standard operating procedures for the city animal shelter.

(Code 1972, § 3-109; Code 1995, § 10-109)

1. (1) It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of the licensing, impoundment, and disposition of all animals coming into the custody of the city.
2. (2) It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of all bite cases reported to him and his investigation of same.
3. (3) It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of all monies belonging to the city. His records shall be opened to inspection at all reasonable times by such persons responsible for similar records of the city and shall be audited by the city annually in the same manner as other city records are audited.

(Code 1972, § 3-110; Code 1995, § 10-110)

Any person who interferes with, hinders, molests, or intimidates the animal control officer in the performance of any duty imposed by this chapter or who seeks to release any animal in custody of the animal control officer except as hereinafter provided shall be guilty of a civil offense.

(Code 1972, § 3-111; Code 1995, § 10-111)

It shall be the duty of the animal control officer to assist any police officer in serving a warrant on an owner of an animal in violation of this chapter. The animal control officer shall seize and retain the animal at the animal shelter until such time as the court or the city manager determines the disposition of such animal.

(Code 1972, § 3-112; Code 1995, § 10-112)

Any domestic animal which has been confined at the animal shelter and not claimed by its owner as provided in this chapter may be adopted by responsible adults to be kept only as household pets. Those desiring to adopt an animal shall be required to complete a questionnaire containing such information as may be necessary to determine suitability of pet ownership. Further, those desiring to adopt an animal shall be required to sign a contract with the city or its designated representative agreeing to have the animal examined by a licensed veterinarian within 48 hours of adoption and immunized as recommended, to have the animal surgically sterilized as stipulated in the adoption contract, fees for the sterilization to be shared as specified in agreement with the local humane society, to obey all local and state ordinances pertaining to the keeping of animals as pets and to return the animal to the animal shelter if the terms of the contract cannot be met.

(Code 1972, § 3-205; Code 1995, § 10-204; Ord. No. 795, 7-19-1994)

Any person who shall hide, conceal or aid or assist in hiding or concealing any animal owned, kept or harbored in violation of any of the provisions of this chapter shall be guilty of a civil offense.

(Code 1972, § 3-113; Code 1995, § 10-113)

When it becomes necessary to see that the provisions of this title are observed, the animal control officer shall have the power and it shall be his duty to enter any premises at any reasonable hour of the day for the purpose of making inspections. When violations are discovered, he shall issue such orders as he reasonably deems necessary to correct the unlawful condition within a reasonable time. It is unlawful for any person to fail to comply with such order.

(Code 1972, § 3-114; Code 1995, § 10-114)

The city council shall, annually, review and approve a fee schedule for the animal control program.

(Code 1972, § 3-120; Code 1995, § 10-120)

All funds collected under the provisions of this chapter, including the license fees, redemption charges, and fines shall be paid into the general fund of the city.

(Code 1972, § 3-209; Code 1995, § 10-208; Ord. No. 795, 7-19-1994)