The Animal Control Officer shall cause the apprehension and impoundment of an animal which is not on the property of the owner so long as the animal is on public property, public right-of-way or on private property without the consent of the owner of the private property. Since the apprehension of the animal is reasonably necessary for the protection of the public health, safety and welfare, the capture of the animals is a valid exercise of the county’s law enforcement power. Therefore, the Animal Control Officer or his or her designee may use any means reasonably calculated to capture the animal in a manner which presents the least danger to other persons and property. The Animal Control Officer may enter on private property without the consent of the owner or person in control of the property only under the following circumstances:
(A) With a court order or warrant authorizing entry onto the property for the purposes stated in the order or warrant; or
(B) Where exigent circumstances dictate immediate apprehension in order to prevent harm or danger to a person or animal, including but not limited to, where an animal has bitten a person or animal.
(Ord. O-C11-7, passed 12-28-2011)