§ 6.32.035. Inspections—Entering upon premises.

The director of animal control, any officer or employee thereof or other duly designated representative of the town, or public 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 town when the person has reasonable cause to believe that there exists in any building and/or upon any property any violation of the provisions of this chapter or other applicable law provided that:

A.

If such building and/or property is occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor; and if such building and/or property is 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.

B.

If entry into the building or upon the property is refused, the director of animal control, any officer or employee thereof or other duly designated representative of the town, or any police officer shall obtain an inspection warrant pursuant to the provisions of the Code of Civil Procedure (Sections 1822.50 to 1822.57), for the entry and inspection of the building and/or the property.

C.

Notwithstanding the foregoing, if the director of animal control, any officer or employee thereof, or other duly designated representative of the town, 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 is 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 director of animal control, any officer or employee thereof, or any police officer from entering upon any public or private property in the town for the purpose of capturing an animal running at large in violation of this title or other applicable law. Any person who denies or prevents, obstructs, or attempts to deny, prevent or obstruct the capture is guilty of a misdemeanor.

D.

The permittee of any permit issued pursuant to this title by accepting such permit, does thereby consent and agree to the entry upon the premises described in the permit by the director of animal control or his authorized representative for the purpose of conducting such inspections as are required by this title or other applicable law. (Ord. 123 §1(part), 1984: Ord. 107 §1(part), 1983)