Sec. 6-137. - After impoundment.
(a) Redemption. The person entitled to the possession of any animal delivered (the "claimant") to the BARC animal shelter shall be entitled to have the animal delivered to him at the BARC animal shelter and shall meet the following conditions:
(1) Evidence of ownership. The claimant must present satisfactory evidence of ownership, as evidenced by the following:
a. A registration issued pursuant to this chapter;
b. A microchip indicating ownership of the animal;
c. Receipt for purchase or adoption of the animal;
d. Records from a veterinarian showing vaccinations administered within the previous 12 months;
e. Receipts for payment to a veterinarian or commercial pet service facility for services rendered to the animal; or
f. Photographic or videographic records showing the animal and individual asserting ownership at home or in other environments.
(2) Compliance with law. The claimant must also demonstrate proof of compliance with the following:
a. Sections 6-18 and 6-85 of this Code requiring microchip implantation. If the animal does not have a microchip implanted and the claimant cannot show proof of otherwise complying with sections 6-18 or 6-85, BARC animal services shall perform the service, for which the claimant shall pay the fee stated in the city fee schedule.
b. Section 6-86 of this Code requiring registration of microchip identification number. If the claimant has not registered the animal's microchip identification number with BARC animal services or the microchip manufacturer, the claimant shall register the animal's microchip identification number and pay the fee as provided in section 6-87 of this Code.
c. Section 6-90 of this Code requiring a certification of rabies vaccination. If the claimant has not provided a certification of vaccination and cannot show proof of otherwise complying with section 6-90, BARC animal service shall vaccinate the animal and the claimant shall pay the fee stated in the city fee schedule.
d. Any other applicable ordinance or statute governing the release of an animal to the owner.
(3) Impoundment fee. Except as otherwise provided in this chapter, the following fees in the amounts stated in the city fee schedule shall be charged for each category of animal listed below for the first, second, and third and each subsequent impoundment of the same animal in the BARC animal shelter:
a. For sterilized dogs and cats;
b. For unsterilized dogs and cats;
c. For fowl; and
d. For other animals.
(4) Waiver of impoundment fee. An animal implanted with a registered microchip under section 6-86 of this Code shall not be subject to the impoundment fee for the first six days of impoundment.
(5) Sterilization. Unsterilized dogs or cats shall be sterilized at the BARC animal shelter, for which the claimant shall pay the amount stated in the city fee schedule, plus any additional fees that may be applicable in cases of surgical complications, unless:
a. The animal has a valid unsterilized pet registration as of the time of the impoundment of the animal;
b. The officer in charge of the BARC animal shelter is able to determine by external examination that the animal has been sterilized;
c. The dog or cat is not yet of age to be sterilized; or
d. The owner presents a certificate from a veterinarian establishing either that the animal has been sterilized or that it has a serious medical condition that would make it medically inadvisable to sterilize the animal.
(6) Boarding fee. Except as otherwise specifically provided in this chapter, the director shall impose and the claimant shall pay the per animal daily boarding fee stated in the city fee schedule. The director may promulgate a schedule of boarding fees for various types of animals, including but not limited to dogs and cats, fowl, and other animals. The fees for boarding shall be based on the costs for care and feeding of the type of animal impoundedWhen a claimant seeks delivery of an animal on the first business day after a holiday observed by closure of city offices, no boarding fee shall be charged for the immediately preceding holiday unless the holiday was within the period of quarantine of the animal for rabies observation. No boarding fee shall be charged for the first six days for animals implanted with a registered microchip under section 6-86 of this Code.
(7) Veterinarian care fee. The claimant shall pay reasonable expenses for the treatment of the animal for injury or illness. Any veterinarian of the BARC animal shelter is hereby specifically authorized to treat an animal for injury or illness when the treatment is found to be reasonably necessary in his judgment. The veterinarian in charge of the BARC animal shelter shall, from time to time, establish a uniform schedule of fees for treatment on the basis of the city's actual costs incurred in providing treatment. The director shall post a copy of the schedule on BARC animal service's website and maintain a copy for public inspection in the offices of the director and the city secretary. The minimum fee for veterinary services to any animal shall be not less than the minimum fee stated in the city fee schedule.
(b) It shall be the duty of the officer in charge of the BARC animal shelter to offer for adoption any and all animals deemed medically and behaviorally appropriate by the BARC animal shelter staff that have become the property of BARC animal services pursuant to section 6-102 of this Code and to offer the animals for adoption for cash or other financial consideration for the amount of the accrued fees against the animal. Upon the adoption of the animal by any individual, title and sole ownership of the animal by BARC animal services ceases and transfers to the adopting individual.
(c) No animals that have been taken to the BARC animal shelter shall be redeemed or adopted unless they are vaccinated for rabies, except in the following instances:
(1) The appropriate official has been furnished with satisfactory proof and evidence that the animal has been inoculated with a rabies vaccine approved by the U.S. Department of Agriculture's Veterinary Biologics Division, and that the immunization will not expire prior to the expiration of a registration issued for the animal upon release of the animal;
(2) The animal is less than four months of age;
(3) The vaccination against rabies is medically inadvisable for the animal as evidenced by a certificate duly signed by a veterinarian attesting such and containing the identification of the dog or cat by breed, color, sex, and the name and address of the owner; or
(4) The animal cannot be inoculated for rabies due to illness, in which case, the owner must comply with subsection (g) of this section.
(d) The owner of any animal impounded in the BARC animal shelter shall be required to redeem the animal as provided for in subsection (a) of this section and shall not be permitted to adopt the animal in lieu of paying the redemption fee.
(e) It is unlawful to remove animals from the BARC animal shelter except in accordance with the procedures established in this section and the regulations established by the director.
(f) Any dog or cat impounded in the BARC animal shelter that is claimed by the owner that has not been inoculated for rabies in accordance with article IV (dogs and cats) of this chapter and cannot be inoculated due to illness will be delivered to any veterinary hospital within the city, as designated by the animal's owner, for further treatment for the fee stated in the city fee schedule. In these instances, the veterinarian operating the veterinary hospital must agree to:
(1) Vaccinate the animal for rabies in accordance with article IV of this chapter prior to releasing the animal from the veterinary hospital; and
(2) Furnish a certificate evidencing the vaccination to BARC animal services.
(g) Under no circumstances may an animal that has been impounded be transferred or sold to a dealer as that term is defined in 7. U.S.C. § 2132.
(Ord. No. 2022-44, § 2(Exh. A), 1-19-2022)
