(A) Animal control responsibility. The positions of animal control officers shall be appointed by the Police Department with the approval of the Mayor and the Board of Public Works and Safety.
(B) Regulations. The Police Department, with the approval of the Board of Public Works and Safety, shall promulgate regulations for the issuance and maintenance of all licenses and permits and adoption of animals from the Agency Shelter and shall include requirements for humane care of all animals and for compliance with the provisions of this chapter. All regulations shall be approved by the City Council before made effective.
(C) Police Department; duties, jurisdiction, and powers. The Police Department and its agents and employees shall carry out and supervise the enforcement of this chapter within the city. All those powers ordinary and necessary to carry out their duties shall be vested in them.
(1) These duties and powers shall specifically include, but not be limited to:
(a) To educate the public concerning humane ethics, consequences of pet overpopulation, and their responsibilities as pet owners;
(b) To maintain the physical facility herein known as the Agency Shelter which shall be operated in a humane manner in accordance with the standards set forth in the ordinance and established rules and regulations;
(c) To make an annual report to the Board of Public Works and Safety and the City Council concerning the animal control within the city;
(d) To prepare and submit to the City Council for approval an annual budget of funds adequate to carry out the purposes of this chapter;
(e) The power to apprehend and impound any animal that appears to be stray or at large;
(f) The power to apprehend and impound any animal that is on the owner’s property without being under physical or electronic restraint and posing an immediate physical danger to the community. This impoundment must be preceded by written certification by a witness or by the Police Department. However, no animal shall be apprehended and impounded if the owner is available and capable of restraining the animal or there is other means of restraint available;
(g) The power to issue official warning or a notice of code violation for violations of this chapter;
(h) The power to apprehend and impound any animal when the Police Department or staff have probable cause to believe that the animal has been treated cruelly, neglected, or used by the owner or agent in a fighting contest; and
(i) The power to enter private real property in fresh pursuit of an animal to enforce this chapter.
(2) In performing their duties, the Police Department and staff shall, however, be specifically prohibited from:
(a) Entering a dwelling unit or secured area without the dwelling unit owner’s permission or being accompanied by a uniformed law enforcement officer with a warrant authorizing the entry;
(b) Carrying firearms; or
(c) Making arrests of human beings.
(D) Interference with animal control officer; penalty. Whoever forcibly assaults, resists, opposes, obstructs, prevents, impedes, or interferes with any animal control officer while that officer is engaged in the execution of any duties required of those officers under this chapter shall be cited by the animal control officer and ordered to appear before the Board of Public Works and Safety for a hearing.
(1) Hearings held pursuant to this section shall be held on a business day no earlier than ten days after notice of the order to appear is issued. The Board of Public Works and Safety may, however, take action at the hearing, or before the hearing if a written request is received by the animal control officer not later than five days after notice is given, to continue the hearing to a business day not later than 14 days after the hearing date shown on the order. Unless the Board of Public Works and Safety takes action to have the continued hearing held on a definite, specified date, notice of the continued hearing must be given to the person to whom the order was issued at least five days before the continued hearing date, by certified U.S. mail, return receipt requested.
(2) The person to whom the order was issued or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Each person appearing at the hearing is entitled to present evidence, cross-examine opposing witnesses, and present arguments.
(3) At the conclusion of any hearing at which a continuance is not granted, the Board of Public Works and Safety may make findings and take action to:
(a) Issue a code violation and impose a fine upon the violator pursuant to the fine schedule established by the Board of Public Works and Safety; or
(b) Rescind the citation.
(4) The record of the findings made and action taken by the Board of Public Works and Safety at the hearing shall be available to the public upon request. However, neither the animal control officer nor the Board of Public Works and Safety is required to give any notice of the findings and action.
(1987 Code, § 6-114) (Ord. 13, 1995, passed 5-8-1995; Am. Ord. 1, 2000, passed 1-24-2000; Am. Ord. 19, 2001, passed 8-27-2001) Penalty, see § 97.99