(1) Any law enforcement officer or Animal Control Officer may take possession of any animal being treated cruelly and, after reasonable efforts to notify the owner, may provide shelter and care for it or may destroy it pursuant to this section.

(2) The City has a lien against the owner of any animal cared for or destroyed pursuant to this section for the reasonable costs of its care and/or destruction. Upon proof that the owner has been notified of the lien and amount due at least five days prior, the City may obtain an order that the animal be sold at public auction or destroyed.

(3) Any law enforcement officer or Animal Control Officer may humanely destroy any animal found suffering past recovery for any useful purpose. Before destroying the animal, the officer shall obtain an opinion that the animal is suffering past recovery from a veterinarian or from two reputable citizens called to view the animal in the officer's presence, or shall obtain consent to the destruction from the owner of the animal.