§ 5-16. Impounding animals.

(a)

Authorized. Any animal which is lost, strayed or unwanted or any dog, cat, or ferret which is found not wearing a currently valid county registration/rabies vaccination tag, as required by state law or this chapter, or any dog, cat, or ferret found being treated inhumanely, shall be confined at animal services in a humane manner for a period of five business days for redemption by the owner or otherwise disposed of as provided in this section.

(b)

Release, sale, destruction. If an impounded animal is not redeemed by the owner within the time allowed for redemption, it may be offered for adoption to any responsible individual who is willing to comply with this chapter; and when such animal is offered for adoption, it shall be to the first person paying for it as provided in this article. The support services division commander may take a person's association with the prior owner into consideration when determined if he or she is sufficiently responsible to adopt. Animals not redeemed within the required holding period after being taken into custody may be destroyed by animal services in a humane manner as recommended by the American Veterinary Medical Association, or may be made available to officially approved and recognized medical schools or research institutions, or for use by a local veterinarian as a blood donor or for a study of local animal diseases. If the animal is made available for study of local animal diseases, blood samples shall be taken at animal services; then the animal will be euthanized at animal services. If the animal is made available for research, the animal must be euthanized at animal services.

(c)

Notifying owner. Immediately upon impounding an animal, animal services shall make reasonable efforts to notify the owner and inform such owner of the conditions whereby the animal may be redeemed.

(d)

Suspected rabies. Animals impounded which have been bitten or are suspected of having been bitten by a rabid animal or appear to be suffering from rabies shall not be released but shall be treated in accordance with the provision in section 5-7.

(e)

Unwanted, diseased or injured animals. If an animal is officially surrendered by the owner to animal services, it becomes property of the county and may be adopted or destroyed in a humane manner immediately.

(f)

Other diseased or injured animals. Any animal impounded which is badly wounded or diseased and has no identification shall be destroyed immediately in a humane manner. If the animal has identification, animal services shall attempt to notify the owner before disposing of such animal; but if the owner cannot be reached readily, and the animal is suffering, animal services may destroy the animal in a humane manner within its discretion.

(g)

Provision for animals, animal services cannot care for. Animal services is authorized to obtain suitable board, maintenance and care for any impounded animal, from any available source, when animal services is not equipped to provide care. The owner of any animal impounded and provided care under this section may redeem the animal within five business days upon the payment of all costs of maintenance, transportation and care in addition to the regular redemption fees provided in section 5-17. If not redeemed, the animal may be sold for fair market value and report of the sale duly reported to county finance.

(h)

Animals impounded pursuant to judicial process or administrative seizure. Should animal services take possession of any animals pursuant to a judicial order, warrant or administrative seizure, or other authorized action, by any law enforcement officer or animal services officer, the animal shall be confined at animal services or another appropriate facility designated by the support services division commander for a period of five business days. Prior to the end of the fifth business day of the holding period, the owner must remove the animal to a site acceptable to the support services division commander with a maintenance agreement acceptable to the director, pending resolution of any pertinent judicial proceeding. Any animals not removed in accord with the manner and time specified in this subsection shall be deemed abandoned. Any such abandoned animal shall become the sole property of the county and may be offered for adoption, destroyed or otherwise disposed at the county's election. Any and all incurred costs, expenses and fees for maintenance, transportation and care, whether within or outside the county, shall be the duty and liability of the owner whose animal was impounded under this section. Should a court order any injunctive relief permitting the subject animal to remain within the county at the animal services facility or at some other facility within the county acceptable to the support services division commander, the owner must pay all costs, expenses and fees for maintenance and care on a weekly basis, in advance of the weekly term. Should such costs, expenses and fees not be paid within two working days of their being due, the animal shall be deemed abandoned and shall become the sole property of the county.

(Code 1978, § 3-16; Ord. of 12-20-2010, § 18; Ord. of 3-12-2012)

State law reference

Care of seized animals, G.S. 19A-47.