§ 91.09 SEIZURE OF ANIMALS.

   Any police officer or Animal Control Officer may enter upon private property and seize any animal; provided that, the following exist:

   (A)   There is an identified complainant other than the police officer or Animal Control Officer making a contemporaneous complaint about the animal;

   (B)   The officer reasonably believes the animal meets either the habitual barking or noise criteria set out in § 91.03(A) of this chapter; the criteria for cruelty set out in § 91.12 of this chapter; or the criteria for an at large animal set out in § 91.02 of this chapter;

   (C)   The officer can demonstrate that there has been: at least one previous noise complaint; inhumane treatment of the animal; or that the animal was at large at this address on a prior date;

   (D)   The officer has made a reasonable attempt to contact the owner of the animal and the property to be entered and those attempts have either failed or have been ignored;

   (E)   The seizure will not involve the forced entry into a private residence. Use of a pass key obtained from a property manager, landlord, innkeeper or other authorized person to have that key shall not be considered unauthorized entry; and

   (F)   Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible.

(2002 Code, § 6.26) (Ord. 119, Sixth Series, effective 4-27-2010; Ord. 82, Seventh Series, effective 4-5-2019; Ord. 22, Eighth Series, effective 2-27-2022)