(A) Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, or other applicable law, or whenever an animal control officer has reasonable cause to believe that there exists in any building or upon any premises any violation of this chapter or other applicable law, the animal control officer is empowered to enter and inspect such property at any reasonable time and perform any duty imposed upon them by this chapter or other applicable law, but only if the consent of the occupant or owner of the property is freely given or an administrative search warrant or criminal search warrant is obtained as follows:
(1) If such property is occupied, the animal control officer shall first present credentials to the occupant and request entry, explaining the reasons for the request; or
(2) If such property is unoccupied, the animal control officer shall first make a reasonable effort to locate the owner or other persons having control of the property, present proper credentials, and request entry, explaining the reasons for the request; and
(3) If entry is refused or cannot be obtained because the owner or other person having control or charge of the property cannot be found after due diligence, an animal control officer may obtain an appropriate warrant to conduct a search or inspection of the property or seizure on the property. Notwithstanding any other provision of this chapter, and so long as the animal control officer's actions are consistent with federal and state constitutional and statutory protections afforded to persons and their property, an animal control officer shall have the authority to enter upon any land to enforce the provisions of this chapter, specifically including the seizure of animals running at large or to take enforcement action due to any other violation of an applicable animal control law if the violation of such a law is being committed in the presence of the officer and requires immediate action on the part of the officer to protect the health or safety of the animal or the public. In the case of animals at large, so long as the animal is within sight of the officer, this section shall not be interpreted to require that a warrant be obtained before seizing the animal.
(B) It shall be unlawful for any person to interfere with, hinder, resist, or obstruct employees of the Animal Control Unit while they are carrying out any duty created under this chapter or other applicable animal control law.
(C) It shall be unlawful for any person to conceal from any employee of the Animal Control Unit any animal for the purpose of evading the requirements of this chapter or any other applicable animal control law.
(D) It shall be unlawful for any person to refuse to show, upon request, proof of a required rabies inoculation to any employee of the Animal Control Unit.
(E) It is unlawful for any person to seek to release, attempt to release, or to release any animal in the custody of the Animal Control Unit, except as otherwise specifically provided in this chapter. An animal captured in a trap set by the Animal Control Unit shall be deemed to be in the custody of the Animal Control Unit.
(F) A violation of this section is punishable as a misdemeanor.
(Ord. 02 ORD 1-15, passed 1-8-15; Am. Ord. 36 ORD 12-21, passed 12-9-21)