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A. Redemption of Dog by Owner.

1. Unless otherwise provided in this chapter, the owner of an impounded dog may claim the same at any time prior to sale or disposal by the humane society and shall be entitled to possession thereof upon payment of all legal charges and expenses incidental to the impoundment, boarding, and keeping of the dog.

2. Any unaltered dog impounded more than once within a 12-month period shall be spayed or neutered by the animal control authority prior to the release of the dog. The cost of the spay or neuter shall be charged to the owner, who shall pay the charge prior to redeeming the dog.

3. The owner of an unaltered dog that has been impounded more than once within a 12-month period may, within 72 hours of impoundment, request a hearing before the animal control authority. If, after consideration of all relevant evidence, the animal control authority determines that the owner has shown good cause to excuse the circumstances leading to the impoundment of the dog, the dog may be released without being subject to the spaying or neutering requirements of subsection (A)(2) of this section. If good cause is found, the animal control authority may, however, condition the return of the dog in an unaltered state upon the owner’s fulfillment of reasonable conditions designed to avert future incidents. The owner may, upon written notice given to the animal control authority and the hearing examiner within 72 hours of the animal control authority’s decision, appeal the animal control authority’s decision to the city’s hearing examiner, whose review shall be limited to whether the animal control authority’s decision was arbitrary or capricious. The filing of a request for hearing or appeal, upon notice to the animal control authority, shall stay the 72-hour redemption period of subsection (B) of this section until the completion of the hearing or appeal.

B. Disposition of Dogs. Any dog not redeemed by its owner within 72 hours of the impoundment, not including Sundays or legal holidays, may be humanely destroyed by an approved method, or may be placed for adoption with a new owner; provided, that the new owner agrees in writing to surgically sterilize the dog within one month of maturity; agrees that the dog will not be used, sold, or donated for experimental purposes, and provides proper licensing.

C. Disposition of Sick or Injured Dog. When in the judgment of a licensed veterinarian or the animal control authority, a dog that has been impounded should be destroyed for humane reasons, the dog may be destroyed before the expiration of the required holding period. Such cases must be documented in writing by the humane society. [Ord. 2002-03-020; Ord. 10468 § 2, 1993].