(A) The Town Marshal shall head the Department of Animal Control and be the quarantining authority for the town. The town’s Marshal, Deputy Marshals and Reserve Officers shall be Animal Control Officers under the direction of the Town Marshal. The Department of Animal Control shall enforce the animal control ordinance and shall investigate any complaints regarding ordinance violations. The duties and powers of the Department of Animal Control are as follows:
(1) To cause to be enforced all town ordinances and/or state laws regarding animal care and control;
(2) To cause to be picked up by the New Albany and Floyd County Animal Control and Shelter all animals illegally at large, all sick, diseased, injured, lost, strayed, stolen or abandoned animals in accordance with Article 5 of interlocal agreement and amendments entered into with the New Albany and Floyd County Animal Control and Shelter dated May 21, 1999, January 12, 2005, January 20, 2005 and services to be provided dated January 20, 2005;
(3) To proceed upon public and private property within the town in pursuit of animals believed to be in violation of this subchapter. However, this authority does not extend to a privately owned structure without the consent of the owner, lessee or other occupant in control of the premises or without other legal process or authority. Any animal pursued under this section may be confiscated and held by the New Albany and Floyd County Animal Control and Shelter according to its rules and regulations. If an animal is confiscated without the knowledge or consent of the owner or occupant of the premises, a notice shall promptly be affixed to said premises in an obvious location, directing the occupant to contact the New Albany and Floyd County Animal Control and Shelter, providing the address and telephone number of same on said notice;
(4) To cause to be picked up and disposed of all dead animals found in or on any street or sidewalk, alley or other public place in the town;
(5) To cause to be investigated all reports and complaints concerning any inhumane treatment or practices pertaining to animals within the town. To cause to be impounded all animals found in conditions adverse to their health and safety;
(6) The Animal Control Officers shall receive appropriate and relevant training for the capture and treatment of animals;
(7) It shall be the duty of the Animal Control Officers to enforce all provisions of this subchapter and other ordinances in relation to animals; and
(8) Such Animal Control Officers are authorized to enforce all provisions of this subchapter, including the right to proceed upon public and private property in the town in pursuit of animals in violation of this subchapter.
(B) Interference with enforcement authority: it shall be unlawful for a person to interfere with an Animal Control Officer in the performance of the officer’s duties.
(Ord. 2010-T-056, passed 8-30-2010) Penalty, see § 90.99