§ 5-35. Disposition of impounded animals.

(a)

The division manager may transfer ownership or custody to a humane agency, determine suitability for adoption, or destroy in a humane manner any animal impounded pursuant to this article where:

(1)

An owner cannot be identified;

(2)

An owner relinquishes ownership of the animal;

(3)

An owner is identified, but cannot be notified;

(4)

An owner is notified, but by his statements, actions, or failure to act, indicates an intent to abandon the animal; or

(5)

An owner does not claim the animal within the applicable period of time specified in subsection (b) below.

(6)

A county court or presiding legal authority adjudges an animal to constitute a nuisance under this article or any other law and orders seizure of an animal.

(b)

Upon compliance with the following provisions, the animal services division shall be deemed to have complied fully with due process of law, and the owner shall not be entitled to compensation for loss of the animal.

(1)

Any dog or cat not exhibiting any form of identification shall be held a minimum of three (3) working days, excluding day of impoundment, and then made available for adoption.

(2)

A dog or cat shall be held a minimum of five (5) working days excluding day of impoundment.

(3)

When a potential owner has been identified, animal services division staff shall either make a minimum of three (3) diaried telephonic attempts or one (1) written notice by certified mail, return receipt requested, informing the owner of the impoundment of an animal. Notice by mail shall be completed prior to the end of the next working day, excluding Sundays and county holidays, following the impoundment. An animal whose alleged owner has been mailed a certified letter will be held for ten (10) working days, excluding day of impoundment, following the date the letter was mailed. Attempts to give an owner notice by physical contact, or veterinarian contact, shall qualify as attempted telephone contact.

(4)

Notwithstanding the aforesaid impoundment periods, upon certification by a veterinarian, or, in the event that a veterinarian is not available for immediate diagnosis, then, an employee designated by the division manager, may humanely euthanize an animal to prevent needless pain and suffering.

(c)

Euthanasia shall be performed in accordance with F.S. § 828.058. An animal's body shall not be disposed of until death is confirmed by a qualified person. Animals shall be checked to make certain that vital signs have stopped or rigor mortis exists.

(d)

The animal services division shall participate in an adoption program and may cooperate with breed rescue programs to promote responsible ownership of pets and goodwill in the community.

(Code 1965, § 3-12; Ord. No. 87-9, § 12, 3-9-87; Ord. No. 91-8, § 11, 4-2-91; Ord. No. 95-32, § 8, 9-26-95; Ord. No. 2005-07 , § 9, 7-12-05)

State law reference

Euthanasia of animals, F.S. §§ 828.055, 828.058.