Amending Chapter 5 in its Entirety Replacing it With A New Chapter 5 Entitled Responsible Animal and Pet Ownership Care and Control Regulations

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Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 58 (e)Pursuant to impoundment of an animal under paragraph (a) of this Section, the Division of Animal Care and Control may file a petition with the court requesting that the owner or custodian of the animal post a bond to cover the costs of care of the animal while it is in the custody of the Division. 1. This petition shall be accompanied by an affidavit or statement of the Division that sets forth an estimate of the reasonable expenses that the department expects to incur providing for that care. Reasonable expenses include but are not limited to the estimated cost of veterinary care, food and board for the animal. The owner or custodian of the animal shall be provided written notice of the petition by personal service or certified mail. Any such mail shall be sent to the last known residence, or, if this address is not known, such notice shall be sent to the address from which the animal was seized. Refusal to accept certified mail or failure to receive mail due to other delays will not negate this Section. 2. The court or hearing body to which the petition is filed shall hold a hearing on the petition. At the hearing, the Division has the burden of proving that there is probable cause to find that the animal was the subject of a violation as listed under paragraph (a) of this Section. If the court finds that probable cause exists, the court shall order the owner or custodian of the animal to post a bond to cover the cost of the care of the animal for a minimum of thirty (30) days. i. Bond must be posted within a maximum of three (3) business days following the bond hearing judgment. If bond has not been posted within the allotted three (3) business days, the animal shall immediately become the property of the Division of Animal Care and Control. ii. Bond must be posted at the Division of Animal Care and Control in cash or certified funds only. The bond shall be deposited into the budget for the Division of Animal Care and Control, in a subaccount specific for each case. The department Division may draw on this account to cover the actual expenses incurred in the care of the animal. iii. If, at the end of thirty (30) days, the matter for holding said animal(s) has not been adjudicated, another bond must be posted. The renewal bond must be paid no later than the close of business on the thirtieth (30") day. If the thirtieth (30'h) day should fall on a weekend or holiday, the bond must be posted by the close of business on the last regular business day prior to the weekend or holiday. The bond must be renewed every 30 days thereafter until the matter is adjudicated by the court or hearing body having jurisdiction. Failure to repost bond at the end of any 30 -day period will be considered voluntary relinquishment of the animal(s).