The city council declares that the purpose of this title is to provide for the control of rabies for the protection and control of animals within the city, and that such matters are in the interest of and are those in which the city has responsibility for the public health, welfare, and safety. (Ord. 233 Art. I, 1975)

This title is known and may be cited as the "Broomfield Animal Care and Control Ordinance." When citing the provisions of this title in any summons, subpoena, pleading, summons and complaint, or other document, it shall be sufficient to make reference to the Broomfield Animal Care and Control Ordinance. (Ord. 233 Art. II, 1975; Ord. 1013 §1, 1993)

The humane officer shall keep accurate and detailed records of the impoundment and disposition of all animals coming into his or her custody, and of all reports of animal bites reported to him or her. (Ord. 233 Art. XII §1, 1975)

(A) Whenever it is necessary to make an inspection to enforce any of the provisions of this title or other applicable law, or to perform any duty imposed by this title or other applicable law, or whenever the humane officer has reasonable cause to believe that there exists in any building or upon any premises any violation of this title or other applicable law, the humane officer is authorized to enter such building or premises at any reasonable time to inspect the same and perform any duty imposed upon him or her by this title or other applicable law; provided that:

(1) If such building or premises is occupied, the humane officer shall first present proper credentials to the occupant and request entry explaining his or her reasons therefor.

(2) If entry is refused, the humane officer shall give the owner or occupant, or if the owner or occupant cannot be located after reasonable effort, the humane officer shall leave at the building or premises, twenty-four hours' written notice of intention to inspect. The notice given to the owner or occupant, or left on the premises, shall state that the property owner has the right to refuse entry, and that in the event such entry is refused, inspection may be made upon issuance of a search warrant by a municipal judge of the city, or by a judge of any other court having jurisdiction.

(3) After expiration of the twenty-four-hour period from the giving of such notice, the humane officer may appear before the municipal court of the city and, upon a showing of probable cause, shall obtain a search warrant entitling him or her to enter the building or upon the premises to be inspected. Upon presentation of the search warrant and proper credentials, or possession of same in the case of an unoccupied building or premises, the humane officer may enter into the building or upon the premises, using such reasonable force as may be necessary to gain entry therein.

(4) For the purposes of this section, a determination of probable cause will be based upon reasonableness, and if a valid public interest justifies the intrusion contemplated, then there is probable cause to issue a search warrant. The humane officer, when applying for such search warrant, shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in order to obtain a search warrant. It is unlawful for any owner or occupant of a building or premises to resist such reasonable force used by the humane officer acting pursuant to this subdivision.

(B) Notwithstanding subsection (A) of this section, if the humane officer has reasonable cause to believe that the keeping or 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, the humane officer shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, the humane officer shall first present proper credentials to the owner or occupant and demand entry, explaining his or her reasons therefor and the purpose of the inspection.

(C) Notwithstanding subsection (A) of this section, the animal control officer may enter upon private property for the purpose of seizing an animal to be impounded if the animal control officer
is in pursuit of an animal which he or she has probable cause to believe to be in violation of any
of the provisions of this title and which has

strayed to or taken refuge on such private property in the course of such pursuit. However, the animal control officer may not enter the interior of a dwelling to remove such an animal without a court order or the consent of an occupant of the dwelling over the age of eighteen years.

(D) No person shall fail or refuse, after proper demand has been made upon him or her as provided in subsection (B) of this section, to permit the humane officer to make any inspection provided for by subsection (B). Any person violating this subsection shall be guilty of an unlawful act.

(E) The licensee or permittee of any license or permit issued pursuant to this title does thereby consent and agree to the entry upon the premises described in the license or permit by the humane officer for the purpose of conducting such inspections as are required by this title or other applicable law. (Ord. 233 Art. XII §2, 1975; Ord. 993 §1, 1993)