§ 78-8. Seizure of animals.

Any police officer or Animal Control Officer may enter upon private property and seize any animal, provided that the following exist:

A. 

There is an identified complainant other than the police officer or Animal Control Officer making a contemporaneous complaint about the animal;

B. 

The officer reasonably believes that the animal meets either the barking dog criteria set out in § 78-7A; the criteria for dangerous animals set out in § 78-11; the criteria for cruelty set out in § 78-13; or the criteria for an at large animal set out in the definition of "at large" in § 78-1;

C. 

There is evidence that the animal is dangerous or the officer can demonstrate that there has been at least one previous complaint of a barking dog; inhumane treatment of the animal; or that the animal was at large at this address on a prior date;

D. 

The officer has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored;

E. 

The seizure will not involve the forced entry into a private residence. Use of a pass key obtained from a property manager, landlord, innkeeper, or other authorized person to have such key shall not be considered unauthorized entry; and

F. 

Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible.

Amended 9-9-2014