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(a) Failure to cooperate unlawful. It shall be unlawful for any person to interfere with, impair, hinder, or obstruct the animal protection officer or any other city employee or official in the discharge of official duties under this chapter.

(b) Inspection procedure. Whenever it becomes necessary to make an inspection to enforce any of the provisions of or to perform any duty imposed by this chapter or other applicable law or whenever the animal protection officer or authorized representative has reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or other applicable law, the animal protection officer or authorized representative is authorized to enter such property following the procedures described below at any reasonable time and to inspect the property and perform any duty imposed upon the animal protection officer by this chapter or by other applicable law:

(1) If such property is occupied, the animal protection officer shall first present proper credentials to the occupant and request and obtain consent or permission for entry from the owner, or a person with the authority to give consent to enter and inspect the property, explaining the reasons therefor; or

(2) If such property is unoccupied, the animal protection officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefor. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the animal protection officer or authorized representative shall have recourse to obtain a search warrant to secure lawful entry and inspect the property. If the property is unoccupied when the search warrant is executed a copy of the search warrant shall be given by posting a copy of the search warrant at an entrance to or at a conspicuous place upon such area or building where such search was performed.

(c) Immediate inspection. Notwithstanding subsection (b) of this section, if the animal protection officer or authorized representative has an articulable reasonable cause to believe that the keeping or the maintaining of any animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, an "exigent circumstance," the animal protection officer shall have the right immediately to enter such property and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained.

(1) If the property is occupied the animal protection officer shall first present proper credentials to the occupant and demand entry, explaining the reasons and the purpose of the inspection.

(2) If the property is unoccupied the animal protection officer shall make reasonable efforts to locate the owner or other person having charge or control of the property and request entry explaining the reasons for the need.

a. If consent or permission to enter is granted by the owner or person in charge or control of the property the animal protection officer shall enter and inspect only that portion of the property necessary to remedy the exigent circumstance.

b. If the owner or person in charge or control of the property cannot be contacted the animal protection officer shall enter only that portion of the property, and take only those actions necessary, to remedy the hazardous, unsafe or dangerous condition.

(d) Exemption for police dogs. Police dogs shall be deemed exempt from the provisions of this chapter while being used by the police department in the performance of the functions and duties of the police department. (Code 1979, § 7-10; Ord. No. 2020-55, § 2, 11-2-2020; Ord. No. 2002-70, § 2, 11-18-2002)