§ 3-4-57. Confiscation of dogs; grounds; disposition.

(a)

A classified dog shall be immediately confiscated by the dog control officer or by a law enforcement officer or any other person authorized by the dog control officer if:

(1)

The dog is not validly registered as required by this article;

(2)

The dog is not maintained in a proper enclosure as defined in the article; or

(3)

The dog is outside a proper enclosure in violation of this article.

(b)

In addition, a vicious dog shall be confiscated in the same manner as a dangerous dog if the owner of the dog does not secure the liability insurance required by this article.

(c)

Any dog that has been confiscated under the provision of this section shall be returned to its owner upon the owner's compliance with the provisions of this article as determined by the dog control officer and upon the payment of reasonable confiscation and housing costs. All fines and all charges for services performed by a law enforcement or dog control officer shall be paid prior to owner's recovery of the dog. In the event the owner has not complied with the provisions of this section within twenty (20) days of the date the dog is confiscated, the dog shall be destroyed in an expeditious and humane manner and the owner shall be required to pay the costs of housing and euthanasia.

(d)

Criminal prosecution shall not be stayed due to owner recovery or euthanasia of the dog.

(Ord. No. 12-12, § II, 7-16-12)