(a) In any case arising under this division, the burden of proof shall be upon the owner of an animal to prove that any action by such animal was “provoked.”
(b) Whenever it is necessary to make an inspection of or enter onto private property in order to enforce any of the provisions of, or perform any duty imposed by, this division, or an Animal Control Officer has reasonable cause to believe that the keeping or maintaining of an animal constitutes a public nuisance or is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, such Animal Control Officer shall, if time and circumstances permit, first attempt to present proper credentials to the occupant of the property on which such animal is located and request entry thereon, explaining the reasons therefor. If entry is refused or cannot be obtained, or time and circumstances do not reasonably allow the above procedures to be followed, such Animal Control Officer shall have the power to secure lawful entry to and inspect the property.
(c) Nothing in this division shall be construed to limit any other rights or actions, criminal or civil, in law or equity.
(d) Nothing in this division shall be construed to in any way limit any law enforcement officer from exercising his legal authority to seize and/or destroy any animal as a public nuisance, in order to protect person and property, or otherwise.
(`91 Code, § 6-138) (Ord. D-655, § 12, 8-20-90; Ord. D-1372-98, 8-3-98)