A. Search Warrant And Seizure Of Animals Without Warrants: A peace officer or animal protection officer who reasonably believes that the life or health of an animal is endangered due to cruel treatment or any animal or livestock is being kept or maintained contrary to the requirements of this Code may apply to the District Court or the Municipal Court for a warrant to search for and seize an animal or animals. An animal protection officer may also seize such an animal without a warrant if the officer has probable cause to believe that there is an imminent threat to the life of the animal such that the animal may die or suffer serious injury before a warrant can be obtained.
B. Issuance Of Warrant: If the court finds probable cause that the animal is being cruelly treated, the court shall issue a warrant for the seizure of the animal. Unless the owner signs a written release form relinquishing the animal to the City, it shall not be returned to the owner until there has been dismissal of criminal charges by the City, a decision by the City not to pursue criminal charges, or a judicial determination that the impounded animal has not been cruelly treated.
C. Warrant Copies Provided To Owner: The officer seizing animals under the warrant shall give a copy of the affidavit for the search warrant, the search warrant, and a copy of the inventory of the animal or animals seized to the person from whose possession or premises the animals were taken.
D. Warrant Copies Posted: If the owner of the animal cannot be located or cannot be determined, a copy of the affidavit for the search warrant, the search warrant, and the inventory of the animals seized shall be conspicuously posted at the place where the animals were seized at the time the seizure occurs.
E. Examination By Licensed Veterinarian: At the option and expense of the owner, the seized animals may be examined by a licensed veterinarian of the owner's choice.
F. Findings That Animal Is Not Being Cruelly Treated: If the court finds that the seized animal is not being cruelly treated, and the animal's owner is able to adequately provide for the animal in a manner consistent with this chapter, the court shall return the animal to its owner.
G. Findings That Animal Is Being Cruelly Treated: If the court finds that the seized animal is being cruelly treated or that the animal's owner is unable to adequately provide for the animal in a manner consistent with this chapter; the court shall hold a hearing to determine the disposition of the animal.
H. Adoption Or Humane Destruction Of Animal: Upon conviction, the court may place the animal for adoption with the City Animal Adoption Center Program or provide for humane destruction of the animal.
I. Defendant's Liability Of Costs: Upon conviction, the defendant shall be liable for the cost of boarding the animal and all necessary veterinary examinations and care provided to the animal.
J. Persons Convicted Of Cruelty To Animals: Any person with a conviction for cruelty to animals cannot own, possess, harbor, keep or have custody of any animal or allow, cause, or permit any animal to be harbored or kept on his property within the City limits. Animal protection officers shall immediately remove any animal found to be harbored or kept for any reason upon said person's property. A seized animal will be handled pursuant to section 5-3-9, "Impounding Animals", of this chapter.
K. City's Liability Of Costs: In the absence of a conviction, the City shall bear the cost of boarding the animal and all necessary veterinary examinations and care during the pendency of the proceedings.
L. Cruelty To Animals:
1. It is unlawful for a person to recklessly, wilfully or maliciously kill, maim, disfigure or torture; beat with a stick, chain, club or other object; mutilate, burn or scald with any substance, overwork, torment, harass or otherwise cruelly set upon any animal, except that reasonable force may be used to drive off vicious, dangerous or trespassing animals.
2. It is unlawful for a person to fail to provide necessary sustenance, fail to provide necessary basic or emergency medical care, maintain an animal in an enclosed environment without adequate provisions to prevent pain or suffering, and perform procedures such as ear cropping, debarking, tail docking on an animal, or otherwise endanger an animal's well being. Procedures completed by a licensed veterinarian in accordance to their standard practices shall not be considered cruelty. (Ord. 2017-10, 12-12-2017)