Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this section or when there is reasonable cause to believe that there exists in any building, upon any premises, or upon any land, whether it be fenced, open, public, or private, any violation of the provisions of this chapter or Indiana state law, the animal control officer or police officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this chapter or state law; provided that:
(A) If the property is occupied, the officer shall first present proper credentials to the occupant and request entry explaining the reasons therefor;
(B) If the property is unoccupied but not abandoned, the officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry explaining the reasons therefor;
(C) An animal control officer may enter a building or other structure upon the reasonable cause described above and upon further reasonable cause to believe that the building or structure has been abandoned; the entry may be made without a warrant and without consent of the owner;
(D) If animals can be seen or heard from within a motor vehicle or trailer, and if it appears that the animals are being held under conditions posing a substantial and immediate threat to their health or lives, an animal control officer may enter the vehicle or trailer without a warrant and without the consent of any owner, whether the owner be present or absent known, or unknown;
(E) Upon such exigent circumstances described above in division (D) above, an animal control officer may enter a building or structure that is not abandoned, whether occupied or unoccupied, without a warrant and without consent of the owner, whether the owner be present or absent, known or unknown;
(F) In the event that animal control officer, Board of Heath, or police officer has reasonable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry explaining the reasons therefor. In addition to the warrantless entries described above, an animal control officer may petition for a judicial warrant authorizing entry, search, and/or seizure; and
(G) Whenever an entry is authorized under this section, the entry may be made despite the circumstance that some property damage may result.
(Ord. 1280C, passed 10-10-2006)