§ 6.01.020. Enforcement, seizures and penalties.

A.

The provisions of this title may be enforced by the city enforcement agent.

B.

Any person violating any provisions of this title shall, upon conviction, be subject to punishment as provided in section 1.12.010 of this Code.

C.

Unless specifically provided in this title, an offense under this title shall not require a culpable mental state.

D.

The city enforcement agents are authorized to seek a warrant or order from a court of competent jurisdiction to enforce this title.

E.

City enforcement agents shall have the power to seize and impound an animal with a warrant or court order under the following conditions:

When the city enforcement agent has probable cause to believe:

1.

The animal creates a nuisance as described in section 6.03 of this title.

2.

The animal has been abandoned or is being treated inhumanely as described in chapter 6.02 of this title;

3.

The animal has rabies or has been exposed to rabies;

4.

The animal is not being quarantined for rabies observation under appropriate conditions as defined in this title;

5.

The animal meets the definition of a dangerous animal as defined in chapter 6.09 of this title;

6.

That the animal has been involved in a LRCI.

F.

City enforcement agents shall have the power to seize and impound an animal without a warrant or court order, with probable cause as set forth in subsection E.(1—6), under the following conditions:

1.

On public property, in all cases;

2.

On private property, if:

a.

The consent of the resident or property owner is obtained; or

b.

The city enforcement agent reasonably believes there is imminent danger of serious bodily injury or death to the public, other animals, or the animals in question and there is insufficient time to obtain a warrant.

3.

Upon the request of a peace officer if the owner is not available and there is no one 18 years of age or older to accept responsibility for the animal.

G.

The city enforcement agent is authorized to use necessary force, including but not limited to breaking a vehicle's window, to make lawful seizures of animals pursuant to this chapter.

H.

The city enforcement agent is authorized to take all reasonable means necessary to protect themselves, to protect a third person or to protect another animal from attack or threat of imminent injury or to prevent such animal from enduring further pain or suffering as a result of disease or injury. They shall also have the authority to tranquilize or trap any animal, fowl, livestock or wildlife excepting any game animals or birds that are under the jurisdiction of the state game warden. All game animals or birds will be reported to the local game warden for direction. If any animal found running at large in violation of this chapter cannot be safely taken up and impounded, and/or causes threat to human life or other domestic animals, such animal may, if deemed necessary, be slain by any authorized police officer or ACO.

(Ord. No. 2017-06 , § 2, 7-11-2017)