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<br />(2) The Police Department shall then promptly notify the person owning or keeping the <br />animal and shall order the nuisance abated within five days. <br /> <br />(3) If the animal nuisance is not abated within that time, a charge may be made against the <br />owner or keeper of the animal and any person found to have violated the provisions of this section shall <br />be guilty of a misdemeanor. <br /> <br />(H) Other. Any animals kept contrary to this section are subject to impoundment as provided in ~ <br />90.06. <br />(Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 <br /> <br />~ 90.09 SEIZURE OF ANIMALS. <br /> <br />Any police officer or animal control officer may enter upon private property and seize any animal, <br />provided that the following exist: <br /> <br />(A) There is an identified complainant other than the police officer or animal control officer <br />making a contemporaneous complaint about the animal; <br /> <br />(B) The officer reasonably believes that the animal meets either the habitual barking/crying <br />criteria; criteria for inhumane treatment; or the criteria for an at-large animal as set forth herein; <br /> <br />(C) The officer can demonstrate that there has been at least one previous complaint of habitual <br />barking; inhumane treatment; or that the animal was at large on a prior date; <br /> <br />(D) The officer has made a reasonable attempt to contact the owner of the property and those <br />attempts have either failed or have been ignored; <br /> <br />(E) The seizure will not involve the forced entry into a private residence. Use of a pass key <br />obtained from a property manager, landlord, innkeeper or other authorized person to have the key shall <br />not be considered unauthorized entry; and <br /> <br />(F) Written notice of the seizure is left in a conspicuous place if personal contact with the owner <br />of the animal is not possible. <br />(Ord. 24, passed 10-27-1999) Penalty, see ~ 90.99 <br /> <br />~ 90.10 HUMANE TREATMENT. <br /> <br />(A) The owner of any animal within the city shall provide the animal with sufficient wholesome <br />food and water on a daily basis, proper and sufficient shelter from the weather, and veterinary care <br />when needed to prevent suffering of any sick or injured animal. <br /> <br />I 0817 /1 7 <br /> <br />P10~ <br />