(a) Animal shelter. The city shall provide for an animal shelter for the city in the enforcement of this chapter. The city animal shelter shall be any premises designated by the city manager for the humane boarding and caring for any animal impounded under this chapter or any other ordinance or law of the state. This chapter shall be enforceable by any animal protection officer and by any police officer or other person who may be so authorized by the Code. They shall be authorized to issue, sign, and serve summonses and complaints and to make all determinations within their discretion in compliance with this chapter.

(b) Length of impoundment. If there is probable cause to believe that there is a violation of section 14-5, 14-6, 14-7, 14-8, 14-10, 14-11, 14-12, 14-13, 14-71, 14-72, 14-74, 14-101, 14-102, 14-131, 14-134 or 14-161, the animal may be taken into custody by the animal protection officer or member of the police department and impounded in the animal shelter in a humane manner. Except as otherwise provided in subsection (g) of this section, such impoundment shall be for a period of not less than five business days, unless earlier claimed. If the owner fails to claim the impounded animal after five business days subsequent to being notified or reasonable efforts to notify have been made, the animal shall be deemed surrendered to the Aurora animal services division. The owner shall still be responsible for payment of all fees and costs for the impoundment of the animal.

(c) Failure to produce animal or records. The owner of any animal subject to impoundment under subsection (b) of this section shall, on demand of the animal protection officer, or other person who may be so authorized by the City Code or the city manager, produce the animal, or requested record(s), to the animal protection officer, or other authorized person, for impoundment as prescribed in this section. It shall be unlawful for the owner of any such animal to fail or refuse to produce the animal or record(s) on demand. Any such failure or refusal to produce such animal shall subject the owner to immediate arrest and incarceration, should probable cause exist to believe that the owner is harboring or keeping the animal and refuses to produce it upon such demand. Upon arrest and incarceration, the owner shall be held to appear before a judge of the municipal court who may order the immediate production of the animal. Each day of such willful refusal to produce the animal shall constitute a separate violation.

(d) Fees. The city manager shall promulgate the fees relevant to this chapter in accordance with the provisions of section 2-587.

(e) Notice. The Aurora animal services division shall make every reasonable effort to identify and notify the owner of the impoundment of the animal.

(f) Court proceedings against animal owner. If a dog or other animal is impounded, the animal protection officer or member of the police department may institute proceedings in the municipal court on behalf of the city against the animal owner, if known, charging the owner with a violation of this chapter. Nothing in this section shall be construed as preventing the animal protection officer, a member of the police department or any other person who may be authorized by the city manager from instituting a proceeding in the municipal court for violation of this chapter when there is probable cause to believe that the violation occurred but where there has been no impoundment.

(g) Court findings; release of animal; surrender. If a complaint has been filed in the municipal court against the owner of an animal impounded for violation of section 14-6, 14-7, 14-8, 14-10, 14-71, or 14-74, the animal shall not be released from impoundment except on the order of the municipal judge. For violations of section 14-5, 14-11, 14-12, or 14-13, a field supervisor or the division manager have the discretion to release the animal without the need for a court-ordered release or may hold the animal for an order from the municipal judge. The municipal judge may, upon making a finding that the alleged owner has failed to appear for any court date on the complaint, order the animal to be surrendered to the Aurora animal services division. When at a court disposition hearing for release or surrender the animal shall be ordered surrendered to the Aurora animal services division unless the municipal judge finds, by a preponderance of the evidence, there exists reasonable assurance that the animal can be safely maintained, cared for and controlled without danger to the community and that the animal does not create a nuisance to the surrounding neighbors or community. In determining whether the animal can be safely maintained, cared for and controlled by its owner, the judge shall consider all relevant and reliable evidence, whether or not the evidence is admissible at trial, including, without limitation, pre-bite or post-bite behavior indicative of aggressive or dangerous tendencies regardless of impoundment status. If the animal's owner wishes to have a behavior assessment performed before the surrender hearing, he or she shall notify and work with Aurora animal services to set up and complete such assessment following the Aurora animal services' shelter policies. Aurora animal services shall include language giving written notification (in bold print) of the right to a behavior assessment to any owner of an animal impounded and set for an impound hearing under this section. If the animal's owner chooses to conduct an assessment, the findings from each assessment shall be shared with the other party within five business days of the assessment being conducted, and at least five business days before the date of the impound hearing provided for in this subsection (g). The assessment shall be presented to the judge at the impound hearing. The judge shall also hear any proffered evidence of the circumstances of the initial bite including whether it occurred on the owner's property, including provocation and evidence relating to the ability to keep the animal on/with the owner utilizing any requirements able to be taken by the owner to minimize any recurrence. All options in lieu of surrender shall be considered. An order of surrender of an animal shall not relieve the owner of payment of fees, costs, or restitution which resulted from the impoundment. When making the determination the animal can be safely maintained, cared for and controlled without danger to the community and that the animal does not create a nuisance to the surrounding neighbors or community the municipal court judge shall make a determination the animal is:

(h) Procedures following a court-ordered surrender. After any judicial order to surrender an animal:

(i) Payment of restitution. Subject to subsections (f) and (g) of this section, any impounded animal may be released to the owner upon the owner paying restitution owed to the city, whether or not ordered by the court, to the Aurora animal services division.

(j) Fails or refuses to pay restitution; penalty. It shall be unlawful for any owner to fail or refuse to pay restitution. The owner of any animal who fails or refuses to pay restitution may also be ordered by the court to immediately surrender the animal to the animal services division. Failing to pay all or any portion of the restitution owed to the animal services division may result in unpaid restitution being sent to a collection agency.

(k) Liability. Neither the city, its employees, nor any person enforcing this section shall be held liable for any accident or subsequent disease that may occur in connection with the administration of this section.

(l) Appeal bond. At the conclusion of the automatic stay period, if the owner of an animal that is ordered surrendered pursuant to subsection (g) of this section desires a further stay of execution of the surrender order pending appeal, the owner shall, as a condition of any further stay of execution, post with the clerk of the court an initial appeal bond in the amount of $100.00, for the first 30 days. At the expiration of the 30-day period, in order to continue to stay the surrender order, the owner must return to the court and request that the judge set and the owner shall post with the clerk of the court an amount sufficient to pay the costs, fees and expenses specified in subsections (l)(1) and (2) of this section. The fees specified in subsection (l)(2) of this section shall be posted with the clerk of the municipal court in advance, and in successive 30-day increments thereafter during the pendency of the appeal. If any required deposit is not made, the stay of execution shall expire and the order for surrender of the animal shall be executed. During this 30-day period, the owner shall only be assessed the boarding fees and the cost of medicines and medical devices. If required appeal bond is not paid and the stay of the surrender order is lifted, Aurora animal services, before moving forward with disposition of the animal, must conduct an assessment, following animal welfare best practices, and shall attempt and make reasonable efforts to find alternatives other than humane euthanasia for the animal, while balancing public safety, the safety of people and animals near any new placement, and the health and safety of the animal itself. If a final order is entered authorizing the surrender of the animal, the costs, fees and expenses posted pursuant to subsections (l)(1) and (2) of this section shall be forfeited and paid to the animal shelter. lf, after final appeal, it is determined that the animal should not be surrendered and that the order for surrender was entered in error, the fees posted as a condition of the stay of execution pursuant to subsection (l)(2) of this section shall be refunded to the appellant and the animal shall be released to the owner. In such event, the costs and expenses posted pursuant to subsection (l)(1) of this section shall be ordered forfeited to the court and paid to the animal shelter. In addition to those costs, fees and expenses covered by subsections (l)(1) and (2) of this section, costs and expenses covered by subsection (l)(3) of this section shall be remitted to the animal shelter within 15 days of the billing thereof. The date of the bill shall be the day the bill is mailed to the owner's last known address. In lieu of a cash deposit, the appellant may execute a bond to the city as provided in this subsection. One or more sureties may be required, or the defendant may furnish cash security or, in the discretion of the court, no security or surety need be required. Costs and fees shall be designated as follows: