(A) 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 or his or her authorized representative has reasonable cause to believe that there exists in any building or on any premises any violation of the provisions of this chapter or other applicable law, the Animal Control Officer or his or her authorized representative is hereby empowered to enter such property at any reasonable time to inspect the same and perform any duty imposed upon the Animal Control Officer or his or her representative 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 proper credentials to the occupant and request entry, explaining his or her reason therefor;
(2) If such property be unoccupied, he or she shall first make reasonable effort to locate the owner or other person 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 control of the property cannot be found after due diligence, the Animal Control Officer or his or her authorized representative shall obtain a warrant to conduct a search or inspection of the property.
(B) Notwithstanding any other provision of this chapter, the Animal Control Officer or his or her authorized representative shall have the authority to enter upon any property to enforce the provisions of this chapter or other applicable law if a violation of such law is being committed in the presence of such officer. COMMITTED IN THE PRESENCE OF SUCH OFFICER shall not be construed to refer to any alleged violation of this chapter or other applicable law which is committed within any building or other enclosed structure unless such officer is also lawfully within such building or enclosed structure.
(1997 Code, § 91.40) (Ord. 2006-24, passed 6-13-2006) Penalty, see § 91.99