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(a) No impounded animal shall be released without payment of all pick up and impound fees unless otherwise ordered by the Municipal Court. Any dog impounded for a violation of any provision of this Article shall be released only after payment of all pick up and impound fees have been paid, licensing requirements satisfied and a complaint served upon the animal owner, unless otherwise directed by the Chief Marshal or ordered by the Municipal Court.

(b) Upon payment of required pickup fee and service of the complaint, in the event of a violation of any provision of this Article, upon the animal owner, the impounded animal shall be released to the owner, except as set forth in Subsection (c) below.

(c) No dog impounded as a vicious dog shall be released prior to a determination by the Town Marshal’s Department that the owner of the dog can and will exercise sufficient control over the dog so that the dog presents no danger to persons or companion animals. No dog impounded as a vicious dog shall be released until a restitution bond in the amount of $500.00 is posted for release of the dog in addition to the release requirements in (a) above, unless otherwise directed by the Chief Marshal. If it is determined that the dog shall not be released, the owner may request a hearing before the Municipal Court. Such hearing shall be held no later than seven (7) days after the dog is impounded. If the Court determines that the owner of the dog cannot exercise sufficient control over the dog, the Court may order the dog banished from the Town or may order the dog destroyed by lethal injection administered in a humane manner.

(d) Except as set forth in Subsection (c) above, if the Town Marshal is unable to locate the owner of an impounded animal after five (5) days, the Town shall make reasonable efforts to find a home for the animal. If such efforts fail, the Town may destroy the animal by lethal injection administered in a humane manner. (Prior code 6.08.100; Ord. 1305, 2009)