4.385 Impounding Regulations and Disposition of Impounded Animals.
(1) The animal regulation authority shall keep any animal impounded for the period of time herein specified. A daily record of such animals shall be kept at the place of impoundment and shall be made available to the public. The animal regulation authority shall dispose of such animals in accordance with the following provisions:
(a) An unlicensed dog or a dog for which the owner is unknown which has not been redeemed within 72 hours after impoundment may be sold, adopted or destroyed.
(b) Except as provided in subsection 4.385(1)(c), a licensed dog for which the owner is known which has not been redeemed within 120 hours of notification of the owner by telephone contact or by mailing or by posting at the owner’s dwelling the impoundment notice, may be sold, adopted or destroyed.
(c) A licensed potentially dangerous dog for which the owner is known may be destroyed if the owner, after receiving notice of impoundment as provided in subsection 4.385(2):
1. Fails to notify the animal regulation authority within 120 hours of the owner’s intent to redeem the dog; or
2. Fails to redeem the dog or appeal the classification within ten days.
(d) Except when state law mandates a different disposition procedure, all animals other than dogs shall be disposed of as provided in subpart 4.385(1)(a).
(e) Notwithstanding the previous subsections, abandoned or unwanted litters of animals aged two months or less may be destroyed immediately or, in the alternative, adopted or sold to any person. This subsection does not apply to litters impounded following a search of premises as provided in subsection 4.370(6).
(2) Except as provided in subsection 4.385(1), the animal regulation authority shall notify the owner by telephone or by the mailing of an impoundment notice within 24 hours after impoundment that the animal will be destroyed within 120 hours after such notification. The impoundment notice shall advise the owner of the place where the animal is kept, the procedures required for the redemption of the animal, the fees for the impoundment, daily care and redemption, and the consequences of failure to redeem the animal.
(3) Any animal unclaimed within 24 hours of a court order authorizing the redemption or release shall be destroyed, adopted or sold.
(4) If an order is entered by the municipal judge or the hearings official for an animal to be destroyed, execution of the order may be stayed for up to five years from the date of said order, providing that the dog owner and the director, within ten days of the order, present an agreement for approval to the municipal judge or the hearings official signed by both parties and providing:
(a) For restitution to be paid to the person injured, if applicable, including damages resulting from the injury to or destruction of livestock, and
(b) For safeguards that will help to ensure that the animal does not engage in such conduct again, including, but not limited to, requirements that the owner build a run for the animal before it is released, fence their yard or have the animal live elsewhere in a secure setting, and agree not to own any other animal on the property where the owner resides, and
(c) That if the animal is found in violation of the safeguards that have been imposed, that it may be immediately impounded by an animal control officer, a peace officer or any other person and destroyed by the animal regulation authority without a further hearing, unless the animal owner requests a hearing in writing to the animal regulation authority within 24 hours after the animal owner is notified that the animal is impounded. If the owner cannot be personally notified that the animal has been impounded, the animal may be destroyed four days after a notice of impound is mailed to the owner’s last known address, unless the owner requests a hearing before then. The hearing will be limited to a determination as to whether the agreement has been violated.
(5) If an order is entered by the municipal judge or the hearings official for an animal to be destroyed, execution of the order shall be stayed for ten days to allow the filing of a notice of appeal or a writ of review. In the event a notice of appeal is filed within ten days, the animal shall not be destroyed until the disposition of the appeal.
(6) Notwithstanding the previous subsections, any animal given to the animal regulation authority by the owner for disposition may be destroyed immediately or, in the alternative, adopted or sold to any person. The owner shall pay a fee for handling the unwanted animal. For purposes of this section only, an owner is a person who has had the animal in their care, possession, custody, or control for six weeks or more.
(7) Notwithstanding the previous subsections, certain sick or injured animals may be destroyed immediately pursuant to the provisions of section 4.420 of this code.