Chapter 6.08 — CITY POUND AND POUNDMASTER

The offices of poundmaster and deputy poundmaster are hereby established.

(Ord. 4384 § 2.01 (part), 1956)

The poundmaster may be either a person, firm, association or corporation, and shall be appointed by the legislative body of the city. The poundmaster shall serve for such period of time and shall receive such compensation as shall be established by ordinance, or by contract executed by the legislative body of the city.

(Ord. 4384 § 2.01(a), 1956)

The deputy poundmaster shall be a person appointed by the poundmaster of the city and shall receive no compensation or fees whatsoever from the city, but may be compensated by the poundmaster for services he shall render in the performance of the powers and duties bestowed and imposed herein in such amount as shall be determined by and between the poundmaster and the deputy poundmaster. The deputy poundmaster is authorized and directed to perform, in conjunction with and under the supervision of the poundmaster the powers and duties herein bestowed upon and required to be performed by the poundmaster.

(Ord. 4384 § 2.01(b), 1956)

The poundmaster, if a person, or the deputy poundmaster, shall be vested with the powers and duties of a police officer of the city, and shall have the power and it shall be his duty to make arrests for violations of any of the provisions of this title. The poundmaster shall enforce all of the laws and regulations of the city and state relating to the care, treatment, impounding and quarantining of dumb animals and to the prevention of cruelty to dumb animals.

(Ord. 4661 § 2(a) (part), 1964: Ord. 4384 § 2.01(c), 1956)

Any employee of the poundmaster who is a qualified humane officer under the laws of the state, may issue notices to appear in court as prescribed by state law for any violations of state and local animal control laws occurring within the city, including but not limited to violations of Title 6; provided such employees shall not be authorized to take any person into custody even though the person to whom the notice is delivered does not give his written promise to appear in court. This section shall in no way limit the power of police officers of the city to issue citations and make arrests.

(Ord. 5283 § 1, 1976)

The poundmaster, if a person, or the deputy poundmaster, shall be vested with the powers and duties of a deputy city assessor, tax and license collector, and shall have the power, as directed by the city assessor, tax and license collector, and shall have the power, as directed by the city assessor, tax and license collector, to collect the license fees and to issue the certificates and tags prescribed herein. All sums so collected shall be paid over to the city treasurer on or before the 10th day of each month.

(Ord. 4661 § 2(a) (part), 1964: Ord. 4384 § 2.01 (d), 1956)

The poundmaster, if a person, or the deputy poundmaster, shall be vested with the powers and duties of a deputy health officer of the city and shall have the power and it shall be his duty to enforce all laws and regulations of the city and the state relating to the capture, isolation, quarantine or destruction of animals.

(Ord. 4661 § 2(b), 1964: Ord. 4384 § 2.01(e), 1956)

There shall be provided by the city, or by the poundmaster upon such terms and conditions as shall be named in a contract executed by and between the poundmaster and the legislative body of the city, a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject to be impounded which shall be known and designated as the "city pound."

(Ord. 4384 § 2.02, 1956)

It shall be the duty of the poundmaster to take up, impound and safely keep any of the animals enumerated in this title found running at large, staked, tied or being herded or pastured in any street, lane, alley, court, square, park or other place belonging to or under the control of the city, or upon any private property in the city, contrary to the provisions of this title.

(Ord. 4384 § 2.03, 1956)

When any animal is so impounded, it shall be provided with proper and sufficient food and water by the poundmaster for a period of at least 5 days. The poundmaster shall immediately notify the owner thereof, if known to him, by written notice or by phone.

(Ord. 4384 § 2.04, 1956)

The owner of any animal impounded shall have the right to reclaim the same at any time prior to the sale thereof upon payment to the poundmaster of the costs and charges hereinafter provided in this title for impounding and keeping said animals.

(Ord. 4384 § 2.05, 1956)

The poundmaster is authorized to enter upon any premises upon which any animal is kept, for the purpose of taking up, seizing or impounding any animal found running at large, or staked, herded or grazing thereon, contrary to the provisions of this title or for the purpose of ascertaining whether such animal is registered as provided in this title, or for the purpose of inspecting the premises to ascertain whether any law of the city or state relating to the care, treatment or impounding of dumb animals or to the prevention of cruelty to dumb animals is being violated.

(Ord. 4384 § 2.06, 1956)

No person shall fail or refuse to exhibit the registration of any animal required to be licensed by this title when required to do so by the poundmaster.

(Ord. 4384 § 2.07, 1956)

It is the duty of the poundmaster to enforce any other sections of this title whether enumerated as a duty or not.

(Ord. 4384 § 2.08, 1956)

No person shall rescue or attempt to rescue any animal mentioned herein from the possession of the poundmaster nor interfere with the poundmaster or its deputies in the performance of their official duties.

(Ord. 4384 § 2.09, 1956)

The poundmaster shall charge and collect fees for all of the services provided by the poundmaster, and the amount of such fees shall be established by resolution adopted by the board of directors.

(Ord. 5568 § 10, 1982)

It shall be the duty of the poundmaster to issue and sign a death warrant for and to order the destruction of any animal lawfully taken into custody, which, in the opinion of the poundmaster, is, by reason of old age, unfit for use, or which is infected with a dangerous or communicable disease, or which is in an incurably crippled condition, or which is adjudged by a written report of a licensed veterinary to be afflicted with any painful, incurable disease.

(Ord. 4384 § 2.11, 1956)

The poundmaster shall pay over to the city treasurer all sums collected by the poundmaster and by the deputy poundmaster pursuant to the terms of this title on or before the 10th day of each month. The poundmaster shall make a monthly report to the city manager of the city and an annual report to the legislative body thereof, of the poundmaster's and deputy poundmaster's activities pertaining to the powers and duties granted and imposed by this title and other ordinances of the city.

(Ord. 4939 § 1, 1969: Ord. 4384 § 2.12, 1956)

All sums received by the city pursuant to the terms of this title shall become and remain part of a special fund which is hereby created and which shall be known and designated as the "animal license and poundmaster fund." All sums remaining in the fund after the payment of all contract obligations payable therefrom shall on the 1st day of May and the 1st day of November of each year be transferred to the general fund.

(Ord. 4384 § 2.13, 1956)

When any dog is so impounded, the poundmaster shall immediately notify the owner thereof, if known to him, by written notice or telephone.

(Ord. 4384 § 3.04(a), 1956)

Subject to the other provisions of this title any person may make application to the poundmaster for the return of any dog and upon presentation of proof satisfactory to the poundmaster that such person is the owner or is rightfully entitled to the possession of such dog, may recover the dog upon the payment of the required fee. The fee for recovery shall be the impounding fee plus the fee for feeding and caring for the animal as provided in Section 6.08.150, plus any license fee then due and payable under Chapter 6.16.

(Ord. 4661 § 6, 1964: Ord. 4384 § 3.04(b), 1956)

All dogs impounded at the city pound shall be provided with proper and sufficient food and water by the poundmaster for a period of at least 5 days. Unless such dog or dogs shall have been redeemed within 5 days after being impounded, in the

manner and upon the conditions imposed by Section 6.08.200, they may be sold by the poundmaster to the person offering to pay the highest cash amount therefor, provided that the purchaser of any unlicensed dog, as determined by an investigation of the records of the poundmaster, owner and city, shall not be given possession of any such dog or dogs until:

A.

The license fee and charges prescribed for such dog or dogs have been paid to the city; and

B.

There has been deposited with the poundmaster a sum which the poundmaster and the city board of directors have determined to be reasonable to guarantee that said dog or dogs will be spayed or neutered. Said deposit will be returned upon presentation to the poundmaster of satisfactory evidence that the surgery has been completed, provided that said evidence has been presented within 30 days after the date of deposit or 30 days after the dog attains one year of age, whichever is later.

(Ord. 5283 § 3, 1976: Ord. 4384 § 3.04(c), 1956)

If any dog impounded by the poundmaster has not been redeemed within said 5-day period, and cannot be sold within a reasonable time thereafter, it may be destroyed by the poundmaster in some humane way.

(Ord. 5283 § 4 (part), 1976)

The poundmaster shall maintain at the city pound a full description of each dog impounded therein, for a period of at least 5 days beginning on the day any such dog is taken or delivered into the possession of the poundmaster.

(Ord. 5283 § 4 (part), 1976)