Amending Chapter 5 in its Entirety Replacing it With A New Chapter 5 Entitled Responsible Animal and Pet Ownership Care and Control Regulations

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Substitute Bill No 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 61 Sec. 5 -109 Inspections and Entry on Property. (a)Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter or when there is feaseffabl; probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or state law, the Animal Control Officer or Health Officer or police officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this Chapter or any state law; provided that: (1) If the property is occupied, the officer shall first present proper credentials to the occupant and request entry, explaining the reasons therefor; and (2) If the property is unoccupied, the officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry explaining the reasons therefor. (b)In the event the Animal Control Officer, County Health Officer of or his or her designee or police officer has reasonable probable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry, explaining the reasons therefor. If entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after reasonable search, the officer shall have recourse to secure lawful entry and inspection of the property via a warrant issued by a judge in good standing. Sec. 5 -110 Disposition of Fees, Donations and Bequests. (a) All money generated, received or collected as the result of payment of fees required by this Chapter shall be deposited into the Division of Animal Care and Control budget fund. (b)All money received by the Division of Animal Care and Control through donations, gifts, bequests or devises shall be payable to the City Controller and deposited into the appropriate fund 217. The expenditure of funds shall be subject to all state and local appropriation and purchasing requirements. (c) All money generated, received or collected in response to the Division's special fund- raising projects shall be payable to the Division of Animal Care and Control and shall be deposited into the appropriate fund and shall be used in a manner consistent with the announced purpose of any special fund- raising event or project. No expenditure may be made from these funds unless first approved by the Shelter Manager. The expenditure of funds from the dedicated animal control special projects fund shall be subject to all state and local appropriation and purchasing requirements.