8.04.090 - Entering upon premises.

The chief animal control officer, any officer or employee thereof or other duly designated representative of the city, or police officer shall have the right to make an inspection to enforce the provisions of this chapter or other applicable law by entering into any building or upon any property within the city when said person has reasonable cause to believe that there exists in any building and/or upon any property any violation of the provision of this chapter or other applicable law; provided that; (1)

If such building and/or property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor; and if such building and/or property be unoccupied, he shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building and/or property and request entry explaining his reasons therefor;

(2)

If entry into said building or upon said property be refused, the chief animal control officer, any officer or employee or other duly designated representative of the city, or any police officer shall obtain an inspection warrant pursuant or the provisions of the Code of Civil Procedure §1822.50—1822.57, for the entry and inspection of said building and/or said property;

(3)

Notwithstanding the foregoing, if the chief animal control officer, any officer or employee thereof, or other duly designated representative of the city, or any police officer has reasonable cause to believe that the keeping or the maintaining of any animal is hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, he shall have the right to immediately enter and inspect such building and/or property, and may use any reasonable means required to effect such entry and make such inspection, whether such building and/or property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the building and/or property is occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor.

This section shall not prohibit the chief animal control officer, any officer or employee thereof, or any police officer from entering upon any public or private property in the city for the purpose of capturing an animal running at large in violation of this chapter or other applicable law. Any person who denies or prevents, obstructs, or attempts to deny, prevent, or obstruct said capture is guilty of a misdemeanor.

(Ord. 255 §1(part), 1978).