§ 40-6. Seizure and impoundment; notice to owner; redemption or disposal.  


Latest version.
  • A. 
    The Chief of Police or person appointed by the appropriate municipal department head is empowered and authorized to take into custody any dog which commits any of the acts set forth in § 40-5 inclusive upon receiving complaint, in writing, or which is observed by him or her to be:
    (1) 
    Without a current registration tag on its collar or harness as required by law.
    (2) 
    In or upon any public school property or any public park or recreation area in violation of any regulation promulgated by the public authority having jurisdiction thereof, or any other public property, and is not accompanied by and under the control of a responsible person.
    (3) 
    A female in season off the premises of its owner.
    (4) 
    Barking, howling or crying in such manner as to constitute a nuisance or biting or molesting any person or chasing a vehicle upon a public street or injuring or damaging any lawn or shrubbery or flowers or grounds or other property of any person other than its owner or behaving in any way so as to endanger person or property.
    B. 
    If any dog so taken into custody wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or, if the owner or the person keeping or harboring such dog is known, the Chief of Police or person appointed by the appropriate municipal department head shall forthwith notify the person whose address is given on the collar or harness or, if known, the owner or the person keeping or harboring such dog, that the dog has been taken into custody and will be liable to be destroyed or offered for adoption if not claimed within one week after the giving of such notice. Such notice may be served by either delivering it to the person on whom it is to be served or by leaving it at the person's usual or last known place of abode or at the address given on the collar.
    C. 
    Such person shall be entitled to redeem such dog within one week after giving of such notice, and, if notice is not required to be given hereunder, any person claiming such dog shall be entitled to redeem the dog within one week after its being taken into custody upon establishing title thereto, and, if the dog was unlicensed or untagged at the time of its seizure, upon producing a license and registration tag for the dog and upon paying all expenses incurred by reason of the dog's detention.
    [Amended 9-22-1986 by Ord. No. 86-23]
    D. 
    If any dog so taken into custody shall not be redeemed as aforesaid, it shall thereupon be destroyed in a humane manner or offered for adoption.
Amended 4-19-1999 by Ord. No. 99-07