§ 91.024 AUTHORITY TO ARREST, TAKE POSSESSION OF DOGS, PROPERTY.

   (A)   A deputy animal control officer may enter any place, building, or tenement where an exhibition of dog fighting is occurring, or where preparations are being made for such an exhibition, and, without a warrant, arrest all persons present.

   (B)   (1)   Notwithstanding the provisions of § 91.049, any authorized officer who makes an arrest under division (A) above may lawfully take possession of all dogs, paraphernalia, implements, or other property or things used or employed, or to be employed, in an exhibition of dog fighting prohibited by §§ 91.048(A)(6) or 91.048(B).

      (2)   The officer, at the time of that taking, shall state his or her name and provide other identifying information to the person in charge of the dogs or property taken.

   (C)   (1)   After taking possession of dogs, paraphernalia, implements, or other property under division (B) above, the officer shall file an affidavit with the judge or magistrate before whom a complaint has been made against any person arrested under this section.

      (2)   The affidavit shall include:

         (a)   The name of the person charged in the complaint;

         (b)   A description of all property taken;

         (c)   The time and place of the taking;

         (d)   The name of the person from whom the property was taken;

         (e)   The name of the person who claims to own the property, if known; and

         (f)   A statement that the officer has reason to believe and does believe that the property taken was used or employed, or was to be used or employed, in violation of §§ 91.048(A)(6) or 91.048(B) and the grounds for such a belief.

   (D)   (1)   The officer shall deliver the confiscated property to the judge or magistrate who shall, by order, place the property in the custody of the officer or any other person designated in the order, and that person shall keep the property until conviction or final discharge of the person against whom the complaint was made. The person so designated shall assume immediate custody of that property, and retain that property until further order of the court.

      (2)   Upon conviction of the person charged, all confiscated property shall be forfeited and destroyed or otherwise disposed of, as the court may order. If the person charged is acquitted or discharged without conviction, the court shall, on demand, order the property to be returned to its owner.

(Ord. D-1-1994, passed - -1994)