(a) The animal control officer, the Health Officer and the Chief of Police are hereby authorized to issue a summons to the owner/guardian of any animal in violation of any provision of this chapter, or any regulation issued by the Health Officer. Such person may retain possession of the animal if it is the belief of the officer issuing such summons that such possession is not in conflict with any other provision of this chapter.
(b) The animal control officer, the Health Officer and the Chief of Police are hereby authorized to take up and impound any animal, other than a properly registered dog on the premises of its owner/guardian, found in violation of any provision of this chapter or any regulation issued by the Health Officer, if the person owning such animal cannot be issued a summons because such person is not known or present. Such animal shall be confined at the animal shelter in a humane manner and shall be released upon satisfactory proof that the party claiming the animal is entitled to possession thereof, and upon payment to the animal control officer of all recovery fees established by ordinance.
(c) In the interest of animal welfare, any person owning any animal in the City by so doing does hereby authorize the animal control officer, the Health Officer or the Chief of Police to enter upon private property, other than within any residence or other structure, where such animal is kept, if the officer has probable cause to believe the animal is being kept in a cruel or inhumane manner, for the purpose of examining such animal. When, in the examiner's opinion, it is being kept in an unlawfully cruel or inhumane manner and is properly registered, the animal control officer shall apply to a court of competent jurisdiction for an order to enter the premises, and, if necessary, seize the dog. If the court finds probable cause to believe the dog is treated inhumanely, it shall issue such an order.
(d) Any animal that has bitten a person may be removed from the property of its owner/guardian by the animal control officer, the Health Officer or the Chief of Police if such animal is in violation of examination or observation requirements prescribed by regulations of the Health Officer.
(e) The animal control officer, the Health Officer or the Chief of Police are hereby authorized to use humane live animal traps to capture any animal whose presence on private property or public property constitutes a nuisance to persons or a threat to the public health or the health of domestic animals.
(f) No person shall interfere with the duty of the animal control officer, the Health Officer or the Chief of Police by removing, or causing to be removed, the identification tag of any cat or dog without the consent of the owner/guardian thereof; refusing to identify himself of herself upon the request of an enforcement officer, when such officer has probable cause to believe that such person has violated this chapter; or in any other manner preventing the lawful discharge of enforcement duties prescribed by the chapter.
(g) Whoever violates division (f) of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)