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The animal control officer is authorized to receive and dispose of (pursuant to the adoption guidelines of this chapter), dogs, cats or other small animals, and to impound, offer for adoption or destroy any animal running at large in violation of the terms of this chapter, or any animal that has bitten a person or another animal, or any animal suspected of having a disease transmissible to human beings. Such animals may be taken or impounded even though no citizen makes a complaint and even though the animal control officer issues no notice to appear. Impoundment shall be subject to the following:

(A) The animal control officer shall notify the owner of an animal, identifiable by a tag or other approved method, which is impounded under this chapter, by telephone or personal service.

(B) Such animal shall be confined in the approved shelter for a period of three (3) days, such period of time beginning at nine a.m. on the morning following the day of impoundment as provided in subsection A of this section. If the owner does not reclaim his or her animal during the three (3) day period, or if the animal control officer or animal shelter is unable to locate and notify the owner after making a good faith effort to do so within the three (3) day period, then the animal shelter may offer for adoption or destroy such animal.

If the animal is not identifiable by a tag or other approved method, no notice is required and such animal shall be confined for a period of three (3) days beginning at nine a.m. of the morning following its capture; after such time the animal shelter may dispose of the animal.

Notwithstanding the above and as provided in Section 8.10.100, any animal impounded pursuant to a report that any person or other animal has been bitten by that animal, shall be held for a period of at least ten (10) days for the purpose of observing such animal for symptoms of rabies disease; after such time the animal shelter may dispose of the animal.

(C) Any animal licensed or unlicensed, as required in this chapter may be claimed by its owner upon the payment of an impoundment fee which shall be adopted by the Governing Body of the City by resolution. Each animal impoundment is a separate and subsequent impoundment regardless of animal ownership in prior impoundments.

(D) Fees.

(1) Boarding fee. a fee for maintaining and caring for the animal shall be adopted by the Governing Body of the City by resolution.

(2) Vaccination Deposit. A vaccination deposit shall be adopted by the Governing Body of City by resolution. Such amount shall be as deposit for vaccination for rabies vaccination, redeemable when proof of vaccination is received from any veterinarian approved by the City of Olathe; said deposit to be forfeited to the City of Olathe if proof of vaccination is not received by the City within five (5) consecutive business days commencing the day following the making of said deposit. An absence of proof of vaccination shall be deemed evidence that no rabies vaccination has been obtained.

(3) License fee for dogs and cats. fee equal to an amount due in accordance with the schedule in Section 8.06.060.

(4) Any and all fees or costs incurred by the City for impounding and/or boarding animals shall be paid for by the owner of such animal before the animal is released to the owner. The fees and costs for impounding animals shall be adopted by the Governing Body of the City by resolution.

(E) All animals not claimed within the period provided in this section may be adopted or destroyed.

(F) All animals impounded for reasons of suspected disease may be reclaimed by their owners upon evaluation and treatment by a veterinarian approved by the City of Olathe who shall certify, in writing, the disease-free release of such animal. (Ord. 14-53 § 1, 2014; Ord. 10-31 § 14, 2010; Ord. 02-136 § 1, 2002; Ord. 00-119 § 2, 2000; Ord. 97-118 § 7, 1997; Ord. 92-19 § 1, 1992; Ord. 88-120 § 4, 1988; Ord. 87-173 § 2, 1987.)