§ 6-6. Impoundment of animals; animal warden.

(a)

Animal control agency. Regulations regarding the animal control agency are as follows:

(1)

The village may contract with or enter into an agreement with such person to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impoundment animals and for assisting in the administration of rabies vaccination programs.

(2)

The village does hereby delegate to any such animal control agency the authority to act pursuant to the provisions of this section.

(b)

Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, a law enforcement officer or animal warden may impound any dog or other animal which habitually pursues any vehicle upon any street, alley or highway of this village; assaults or attacks any person; is at large within the village; habitually barks, cries or howls; kills, wounds or worries any domestic animal; or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this section or have in his possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement for the owner to reimburse the village for any damages it sustains for improper or illegal seizure.

(c)

Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement officer or animal warden, the animal shall be impounded. The officer shall notify the owner, personally or through the U.S. mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if such owner be unknown or unascertainable, the officer shall post written notice in three public places in the village, giving a description of the animal, stating where it is impounded and the conditions for its release, after the officer or warden has taken such animal into his possession. If within seven days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner; provided, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for ten days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the village board. No animal shall be released from the pound without being properly licensed if so required by state law or village ordinance.

(d)

Sale of impounded animals. If the owner does not reclaim the animal within seven days, the animal warden may sell the animal to any willing buyer.

(e)

Village not liable for impounding animals. The village and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.

(Code 1990, § 7-1-7(a)—(e))