(A) The City Manager or Police Chief shall appoint an Animal Control Officer whose duties shall be as prescribed in this chapter. The Animal Control Officer of the city or his or her designated agent, and any city police officer shall have the authority to issue a citation for violation of this chapter and to perform the other duties as are prescribed herein.
(B) Authority and liability of Animal Control Officer.
(1) Impounding of animals. Any Animal Control Officer shall be authorized to impound:
(a) Any animal determined to be running at large;
(b) Any animal in plain view on its owner's premises whose condition threatens imminent death or serious illness or injury to the animal itself;
(c) Any animal in plain view on its owner's premises whose action(s) threatens imminent death or serious injury to any person or to another animal within the same premises;
(d) Any animal when so ordered by a court of competent jurisdiction.
(2) Entry to private premises.
(a) Any Animal Control Officer shall be authorized to enter upon any private premises with the consent of the owner/occupant or as otherwise provided for by law, for the purpose of making inspections to determine compliance with this chapter, impounding animals as authorized by the city or examining records pertinent to the origin and care of any animals located at, or having come from, any permitted premises.
(b) Except in cases of imminent danger to either the public or animal(s), the Animal Control Officer shall make reasonable efforts to obtain the permission of the property owner/occupant before entering onto private premises. If the Animal Control Officer is unable to obtain the permission of the owner/occupant, the Animal Control Officer may seek a court order or warrant to enter private premises as provided by law for the purpose of making inspections to determine compliance with this chapter and impound animals as authorized by the city.
(c) In cases where entry is mandated by either court order or warrant, the order or warrant must be executed in the company of an authorized law enforcement officer of the city.
(3) Dead animals.
(a) The Animal Control Officer shall be authorized to pick up and dispose of any dead dog, cat, or other animal lying in any public right-of-way, or in any private access easement which is dedicated for public use. The Animal Control Officer shall make a reasonable attempt to notify the owner of any dead dog or cat prior to disposal.
(b) At the discretion of the Animal Control Officer, the city may pick up and dispose of any dead and privately owned companion animal, domestic animal, or other animal at the request of the owner, provided that the owner pays the full costs of any such pick up and disposal.
(c) Disposal shall be accomplished in such a manner as to minimize vermin infestation, odors, and disease.
(4) Authority. An Animal Control Officer may move to dismiss any citations, criminal summons, or fees provided the owner complies with a written agreement entered into with the officer as to the action required to correct the problem.
(5) Personal liability. There shall be no personal liability on the part of any Animal Control Officer or other city employee performing official duties under this chapter in the execution of his/her assigned duties, except as provided by state or federal law.
(Ord. 995, passed 8-22-2017)