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A. The chief animal care and regulation officer or authorized agent of the city may authorize taking an animal into protective custody when necessary to preserve the animal’s health or safety including but not limited to circumstances where the animal is:

1. Not humanely cared for by the owner;

2. Being cruelly treated by any person;

3. Left unattended due to the arrest, hospitalization, or other incapacity of the owner; or

4. Lost or abandoned by the owner.

B. All animals taken into protective custody shall be examined by a licensed veterinarian to determine the animal’s physical condition.

C. The chief animal care and regulation officer may release an animal taken into protective custody to the owner contingent upon conditions in a written release order.

1. If an owner refuses to redeem an animal under the conditions of a written release order or violates the conditions of a written release order, the animal is subject to forfeiture to the city upon a hearing before the chief animal care and regulation officer.

2. The owner may appeal the forfeiture as set forth in WMC Chapter 7.08.

D. A person whose animal is taken into protective custody shall be responsible for all reasonably incurred fees, costs, and expenses, including, but not limited to, impoundment fees and veterinary costs associated with the city’s custody, care or maintenance of the animal. Violation of this provision is an infraction.

E. The chief animal care and regulation officer may, for good cause, waive a portion of the fees, expenses, or costs and may enter into a payment schedule agreement with an owner.

F. Animals taken into protective custody under this section shall remain in protective custody at the discretion of the chief animal care and regulation officer until:

1. Forfeited to the city pursuant to WMC 7.32.030; or

2. The animal is returned to its owner; it shall be subject to a written release order specifying conditions and restrictions for maintaining the animal and caring for the animal.

G. The chief animal care and regulation officer may authorize temporary placement of animals taken into protective custody or into approved foster home subject to a written agreement on conditions, restrictions, care and protection of the animal.

H. Upon recommendation of the chief animal care and regulation officer, an animal in city protective custody may be forfeited pursuant to WMC 7.32.030. (Ord. 09-69(AM) § 3, 2009; prior code § 12.05.100)