Sec. 8-148.5. - Costs of impoundment, provision, and care—Right to hearing on costs.
(a) When an animal has been impounded by Denver Animal Protection and such animal is the subject of criminal investigation or prosecution for neglect, abuse, or cruelty pursuant to state law or for charges of:
(1) Cruelty to animals pursuant to section 8-131;
(2) Neglect pursuant to section 8-132;
(3) Abandonment pursuant to section 8-133;
(4) Keeping place for fighting animals pursuant to section 8-134;
(5) Unlawful animal attack or bite pursuant to section 8-61; or
(6) Unlawful ownership of a dangerous animal or a potentially dangerous animal pursuant to sections 8-62 or 8-63.
The owner or keeper of the animal must submit payment for impoundment, care, and provision costs to Denver Animal Protection in an amount determined by Denver Animal Protection to be sufficient to provide for the animal's care and provision for at least thirty (30) days, including the day on which the animal was taken into custody.
(b) The owner or keeper must file the payment:
(1) Within ten (10) days after the animal is impounded; or
(2) No more than ten (10) days after the hearing date, if the owner or keeper requests a hearing pursuant to subparagraph paragraph (c) of this section, as ordered by the court.
(c) Within ten (10) days after the date of impoundment, the owner or keeper may request a hearing in the county court regarding costs of impoundment, provision, or care. The owner or keeper must provide written notice of the hearing request to Denver Animal Protection and the city attorney. If the owner or keeper requests a hearing, the court shall hold the hearing within ten (10) days after the request is made except as provided in this subsection (c):
(1) If the hearing is continued, the court shall make written findings of fact and conclusions of law as to the necessity for the continuance.
(2) If the court determines that the facts and circumstances present good grounds to warrant an additional delay, the court may allow only one continuance per party, not exceeding seven (7) days per continuance.
(3) At the hearing, Denver Animal Protection shall provide:
a. The impoundment, care, and provision costs requested by Denver Animal Protection pursuant to subsection (a) above;
b. Evidence to establish probable cause for the impoundment; and
c. An itemized accounting of the costs of upkeep and veterinary services incurred to date.
(4) At the hearing, the court shall determine, as appropriate:
a. Whether there was probable cause for the impoundment; and
b. Whether costs associated with the impoundment, care, and provision, as determined by Denver Animal Protection, are reasonable and necessary.
(5) If the county court finds probable cause at a hearing conducted under this paragraph (c), the county court shall order the owner or keeper to pay reasonable and necessary costs within ten (10) days from the hearing date.
(d) At the end of the time for which expenses are covered by an initial or any subsequent impoundment, care, and provision payment the owner or keeper must submit a new payment in accordance with subsection (a) above, to Denver Animal Protection within ten (10) days after the previous payment's expiration.
(e) The executive director may, in the executive director's discretion, waive or reduce any and all fees as authorized under section 8-9. If the owner or keeper fails to request a waiver, request a reduction, or pay the applicable impoundment, care, and provision costs, the owner or keeper forfeits the right to contest such costs and forfeits any ownership rights to the animal in question.
(f) If, in the opinion of a licensed veterinarian or executive director, an impounded animal is experiencing extreme pain or suffering or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be dispositioned.
(g) The court shall order Denver Animal Protection to refund to the owner or keeper all impoundment, care, and provision payments made pursuant to this section for the animal if, after trial, a judge or jury enters or returns in favor of the owner or keeper a verdict of not guilty for all charges related to the original impoundment of the animal.
(Ord. No. 672-18, § 1, 7-16-18; Ord. No. 539-23, § 19, 6-5-23)
