(A) Enforcement of chapter. The provisions of the chapter shall be enforced by the animal control officer and those officers designated in this chapter, under the operational supervision of the police department pursuant to policies established by the Town Council.
(B) Inspections. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter, or other applicable law, or whenever the animal control officer has reasonable cause to, believe that there exists in any building or upon any premises any violation of the provisions of this chapter or other applicable law, the animal control officer is hereby empowered to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the animal control officer by this chapter or other applicable law, but only if the consent of the occupant or owner of the property is freely given or a search or inspection warrant is obtained as hereinafter provided:
(1) If such property be occupied, he or she shall first present credentials to the occupant and request entry, explaining his or her reasons thereof; and
(2) If such property be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the property, present proper credentials and request entry, explaining his or her reasons therefor; and
(3) If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the animal control officer shall obtain a warrant to conduct a search or inspection of the property.
(C) Impounding; duty of animal control officer and police. It shall be the duty of the animal control officer to take up and impound in the animal shelter, and it shall be the duty of the members of the police department on duty during the hours when the animal shelter is open, to take up and immediately deliver to the animal control officer or to notify the animal control officer of the presence of those animals which are authorized and directed to be taken up and impounded by this chapter or which are found or kept contrary to the provisions of this chapter.
(D) Licenses; right to sue for recovery, unpaid license tax or fee. The amount of any license tax or fee imposed by this chapter shall be deemed a debt to the town. Any person owning any dog or operating a holding facility in the town without having first obtained the required license shall be liable in an action on behalf of the town in any court of competent jurisdiction for the amount of any license tax or penalty imposed by and required by this chapter to be paid for the privilege of keeping and having such dog or operating a pet shop, pet grooming shop, kennel or combination thereof. The animal control officer is authorized to cause a complaint to be filed against any person violating any of the provisions of this chapter and to cause an action to be brought against any person failing to pay any license tax required by the provisions of this chapter for the recovery of such tax and penalty, if any. Such action shall be cumulative and shall not be deemed as a bar to or a waiver of the right to institute any other civil or criminal proceeding for a violation of this chapter.
(E) Citation and warning notice of violation; procedure.
(1) Citations. In discharging his or her duties under this chapter, the animal control officer is hereby empowered to issue citations to any person if there is reasonable cause to believe that he or she has violated any of the provisions of this chapter. Citations so issued may be delivered in person to the violator by the animal control officer or they may be mailed to the person so charged if he or she cannot be readily found. Any citation so delivered or mailed shall direct the alleged violator to answer the charge against him or her on or before a specific day and hour named in the citation; and the period so specified shall be not less than 72 hours after its delivery or mailing to the violator.
(2) Forms and records of animal control citations. The animal control officer shall cause all citation forms to be serially numbered in triplicate. The records with respect to the said citation forms and the disposition of the same shall be maintained so that all such forms shall be capable of being accounted for.
(3) Warning notice. If an alleged violator of any section of this chapter does not appear in response to the citation described in division (A), above, at or before the day and hour named in said citation, the town police department shall cause to be sent to such violator a notice informing him or her of the violation; warning him or her that he or she will be held responsible to appear in answer to said citation; and that, in the event that such citation and notice is disregarded for a period of 5 days a complaint may be filed and a warrant of arrest issued.
(4) Suit or arrest or default. If a violator does not appear in response to the above described citation and notice, the animal control officer may forthwith have a civil complaint filed against such person for collection of the penalty pursuant to § 94.999(C) or secure a warrant for his or her arrest as provided hereunder. The arrest warrant shall be for the violation of the section of this chapter charged in the citation and, upon conviction, the defendant shall be subject to the penalties prescribed by § 94.999(A).
(Ord. 121, passed 11-11-1993)
(F) Requirement that records be kept. It shall be the duty of the animal control officer to keep the following records:
(1) Accurate and detailed records of all reported bite cases, and all violation and complaint investigations for a period of 3 years;
(2) Accurate and detailed records of the licensing, impounding, and disposition of all animals coming into his or her custody pursuant to the provisions of this chapter;
(3) Accurate and detailed records of all monies belonging to the town which were derived from fees, penalties and sales of animals;
(4) All other records deemed necessary by the Police Chief or Town Manager. Detailed monthly reports will be prepared and forwarded to the Town Council by the fifteenth of the following month.
(Ord. 121, passed 11-11-1993)