(A) If the owner does not give permission, an Animal Control Officer may obtain a search warrant to enter any premises upon which it is suspected a violation of this chapter exists. Once upon the premises, the officer may examine such animal and may take immediate custody of the animal when, in his or her opinion, it requires removal from the premises. The Animal Control Officer shall thereafter petition the appropriate magistrate for a hearing, which shall be a civil proceeding. The hearing shall be set as soon as possible from the date of the seizure of the animal to determine whether the owner, if known, is able to adequately provide for the animal and is a fit person to own the animal. The Animal Control Officer shall cause to be served upon the owner, if known and residing within the jurisdiction wherein the animal is found, written notice at least three days prior to the hearing of the time and place of the hearing. If the owner is not known or cannot be found within the jurisdiction wherein the animal was found, the Animal Control Officer shall post a copy of the notice at the property where the animal was seized. The pet or animal shall remain in the custody and care of the Animal Shelter until such matter is heard before the magistrate. The magistrate shall make the final determination as to whether the animal is returned to the owner or whether title is transferred to the Animal Shelter whereby the animal may be put up for adoption or humanely destroyed. If the magistrate orders the return of the animal to its owner, the Animal Control Officer shall release the animal upon receipt from the owner of all redemption fees as described in § 90.17 below. If the owner does not pay the redemption fees within five days of the magistrate's order, the animal shall become the property of the Animal Shelter and may be placed for adoption or euthanized. The court, in determining whether the owner is able to adequately provide for the animal or is a fit person to own the animal, may take into consideration, among other things, the owner's past record of convictions under this chapter, or one similar thereto, and the owner's mental and physical condition.
(B) Nothing in this section shall be construed to prohibit the euthanization of a critically injured or ill animal for humane purposes.
(Ord. 63, passed 11-15-2022)