ARTICLE III. DOGS

DIVISION I. GENERALLY

Sec. 4-34. Dogs and cats deemed personal property; rights relating thereto.

(a) All dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. "Owners," as defined in section 4-2 of this chapter, may maintain any action for the killing of any such animals, or injury thereto, or unlawful detention or use thereof, as in the case of other personal property. The owner of any dog or cat which is injured or killed contrary to the provisions of this chapter by any person shall be entitled to recover the value thereof or the damage done thereto in any appropriate action at law from such person.

(b) The animal control officer or other officer finding a stolen dog or cat, or a dog or cat held or detained contrary to the law, shall have the authority to seize and hold such animal pending action before the general district court or other court. If no such action is instituted within seven (7) days, the animal control officer or other officer shall deliver the dog or cat to its owner. The presence of a dog or cat on the premises of a person other than its legal owner shall raise no presumption of theft against the owner of such premises, and the animal control officer may take such animal in charge and notify its legal owner to remove it. The legal owner of the animal shall pay five dollars ($5.00) per day or any part of a day, or such other sum as may be prescribed by the board of supervisors, for the keep of such animal while impounded.

(Ord. No. 03-19, 6/17/03)