§ 5-34. Appeal hearings on impoundments.

Procedures. Within thirty (30) days after receiving a written request for a hearing, the animal control board shall hold a hearing following the procedures established in this chapter:

(1)

The scope of the hearing shall be limited to whether the impounding of the animal was authorized under this chapter or state law;

(2)

If the board finds that the animal was improperly impounded, the animal shall be returned to the owner and the costs incurred in providing reasonable care and treatment for the animal from the date of impoundment to the date of the order shall not be charged to the owner. If the animal is impounded under contract with a third party, the animal shelter shall pay for such costs of boarding and treatment;

(3)

If the board finds that the animal was lawfully impounded, the board may: (a) recommend the shelter dispose of the animal in accordance with this section; or (b) unless, in a prior administrative or legal action, the owner has been found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting in violation of the laws of this state or of the United States or any of the several states, recommend conditions under which the animal may, upon payment by the owner of all costs of impoundment and care, be returned to the owner. Such conditions shall be reduced to writing and served upon the owner and the animal shelter.

(Ord. No. 46-12, § 1, 11-1-12)