§ 3-3. Enforcement.

(a)

Enforcement of this chapter shall be the primary responsibility of the animal control department; however, city police officers, code enforcement officers, and such other persons as are designated by the city may also enforce the provisions of this chapter. An animal control officer, a police officer, a code enforcement officer, or such other persons as are designated by the city shall have the authority to issue citations to persons violating any provision of this chapter.

(b)

It shall be unlawful for any person to interfere with, obstruct, resist or oppose any officer while such person is apprehending an animal or performing any other duties.

(c)

It shall be unlawful to take or attempt to take any animal from any animal control officer or police officer; to take or attempt to take any animal from any vehicle used by the officer to transport any animal; or to take or attempt to take any animal from the animal shelter or other kennel or confinement area used to impound an animal.

(d)

Any animal control officer or police officer has the right to pursue and apprehend animals running at-large onto private property while enforcing the provisions of this chapter.

(e)

For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, an animal control officer or any other person authorized to enforce the provisions of this chapter is empowered, at all reasonable times and upon presentation of appropriate credentials, to enter upon any premises upon which an animal is kept or harbored and to demand the exhibition by the owner of a dog or cat the certificate of rabies vaccination and/or city license for such dog or cat. If such inspection is refused, the animal control officer shall have the authority to obtain a lawful warrant to enter upon private premises for the purpose of inspection or impoundment of an animal not lawfully licensed, vaccinated, or which poses an immediate threat to humans by reason of disease. No animal control officer or any other person who has the authority to enforce the provisions of this chapter may enter a private residence for purposes of making an inspection under this chapter without first receiving permission from a lawful adult occupant of such residence or being authorized to inspect such residence by a magistrate or by order of a court of competent jurisdiction upon showing of a probable violation of this chapter.

(f)

It is further provided that an animal control officer or any other person authorized to enforce the provisions of this chapter, may enter, at all reasonable times and upon the presentation of appropriate credentials, the premises where an animal is kept in an allegedly cruel or inhumane manner and demand to examine and impound such animal when, in his opinion, treatment for the animal is required. No animal control officer or any other person who has the authority to enforce the provisions of this chapter may enter a private residence for purposes of making an inspection under this chapter without first receiving permission from a lawful adult occupant of such residence or being authorized to inspect such residence by a magistrate or by order of a court of competent jurisdiction upon showing of a probable violation of this chapter.

(g)

It shall be unlawful to refuse lawful inspection or impoundment of an animal hereunder or to impede, obstruct or exclude such animal control officer in the performances of his duties as herein prescribed. The authority herein conferred on an animal control officer is further conferred upon any officer of the city including the city marshal.

(h)

In all instances of a violation of any provision of this chapter, whether the animal is impounded or not, the owner or keeper of such animal may be cited by an officer who has the authority to enforce this chapter for any violation of this chapter.

(i)

In the enforcement of this chapter, any animal control officer and police officer shall have the authority to shoot any animal to protect himself, 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 in accordance with federal and state regulations.

(Ord. No. 2001-01, §§ 1, 2, 3-20-01)