§ 10-166. Control of injured animals; stabilization fund.

(a)

Any animal control officer or law enforcement officer is authorized to take possession of any seriously injured dog, cat, wildlife, livestock, bird or other animal which has suffered a painful and potentially mortal injury and which is found in any location open or accessible to the public, any public or private vehicular right-of-way, or apparently off the property of its owner. Any such animal which does not have a current rabies tag or identification tag shall be conclusively presumed abandoned for purposes of this article.

(b)

Any animal control officer or law enforcement officer finding any such animal shall make reasonable efforts to locate the owner of any such animal. If the owner is promptly located, the owner shall immediately seek veterinary care of the animal or shall authorize such officer to humanely euthanize such animal. If the owner cannot be promptly located or contacted, the animal control officer or law enforcement officer is authorized, in his discretion, to humanely euthanize such animal in an emergency situation where safe, humane transport of the animal is not possible, or promptly transport such animal to a veterinarian participating in the injured animal stabilization fund for stabilization of such animal's injuries. Every owner of any animal so found shall conclusively be presumed to have irrevocably appointed any such officer, or veterinarian participating in the injured animal stabilization fund, aas his authorized agent for any purposes under this article. Every such owner also shall be deemed to have released any officer, or veterinarian participating in the injured animal stabilization fund, from any cause of action or claim arising out of or related to any action such officer or veterinarian may take under this article, except for actions which constitute gross negligence.

(c)

Each animal control officer or law enforcement officer acting under this article shall within a reasonable time report to the animal control director the nature and extent of the injuries of each such animal and the disposition thereof. The animal control department shall maintain a record of the nature and extent of each such animal's injuries and of the disposition thereof.

(d)

There is hereby established the county injured animal stabilization fund, to which contributions, grants, donations, or restitution may be made for the purpose of reimbursing veterinarians agreeing to participate with the fund in stabilizing the injuries of injured animals transported to them for stabilization under this article. The director may solicit or raise funds for the fund. The fund shall be administered by a committee which shall include the county finance officer or his designee and a veterinarian designated by the county animal control board. Funds shall be disbursed from the fund by the finance officer under guidelines established by the committee.

(e)

Any animal control officer or law enforcement officer, or any veterinarian to which an injured animal may be transported under this article for stabilization of injuries, shall be deemed to be an authorized agent of and acting on behalf of the county and its animal control department pursuant to the authority of this article. Any such officer or veterinarian acting pursuant to this article shall be entitled to all the defenses, immunities and rights afforded by law or available to the county and its officers, employees or agents.

(f)

If any owner of an animal transported under this section to a veterinarian participating in the injured animal stabilization fund shall subsequently be identified by the animal control department, he shall make restitution to the fund of the amount disbursed by it to the participating veterinarian.

(Ord. of 3-11-2015, § 10-60)