A. If the animal control officer or other law enforcement officer shall find that a domestic animal has been neglected by its owner, he or she may authorize the removal of the animal to a suitable place for feeding and restoring to health.

B. If an animal control officer or other law enforcement officer has probable cause to believe a violation of this chapter has occurred, the officer may authorize an examination of an allegedly neglected domestic animal by a veterinarian to determine whether the level of neglect is sufficient to require removal of the animal. This section does not condone illegal entry onto private property.

C. Any owner whose domestic animal is removed to a suitable place pursuant to this chapter shall be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. In making the decision to remove an animal pursuant to this chapter, the law enforcement officer shall make a good faith effort to contact the animal’s owner before removal unless the animal is in a life-threatening condition or unless the officer reasonably believes that the owner would remove the animal from the jurisdiction.

D. If no criminal case is filed within 72 hours of the removal of the animal, the owner may petition Bellingham municipal court for the return of the animal. The petition shall be filed with the court, with copies served to Bellingham-Whatcom County humane society and to the city attorney. If a criminal action is filed after the petition is filed but before the animal is returned, the petition shall be joined with the criminal matter.

E. In a motion or petition for the return of the removed animal before a trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer future neglect and is not in need of being restored to health.

F. Any authorized person treating or attempting to restore an animal to health under this chapter shall not be civilly or criminally liable for such action.

G. Reasonable costs of veterinarian exam, food and shelter for the animal may be assessed against the owner. [Ord. 10468 § 2, 1993].