11-1029. Hearing on disposition of abused and
vicious animals; forfeiture; exception
A. A peace officer, county enforcement agent or peace officer who has
responsibility for animal control in a municipality who has impounded an animal pursuant
to section 11-1014 or 13-2910, on a showing of probable cause that the animal has been
cruelly mistreated or cruelly neglected or that the animal is vicious or may be a danger
to the safety of any person or other animal, may request a disposition hearing before a
justice of the peace or city magistrate to determine whether the animal has suffered
cruel mistreatment or cruel neglect as defined in section 13-2910 or is vicious. The
hearing shall be set within fifteen business days after the request has been filed.
B. The officer or agent who has requested a hearing under subsection A of this
section shall serve the order on the owner of the animal either by personal service on
the owner or by leaving a copy of the order with a person of suitable discretion at the
owner's residence or place of business. Proof of service shall be filed with the court.
If the owner fails to appear at the hearing or if the justice of the peace or city
magistrate determines that the animal is being cruelly mistreated or cruelly neglected or
determines the animal is vicious, the justice of the peace or city magistrate may order
the animal forfeited to the officer or agent to be made available for adoption or for
transfer to a legally incorporated humane society or approved rescue agency or humanely
destroyed. The owner shall pay impound fees and any other costs for boarding or necessary
veterinary care.
C. This section does not apply to the seizure of an equine pursuant to section
3-1721 or to a city, town or county that adopts or has adopted an ordinance or resolution
providing for the forfeiture of an animal that has suffered cruel mistreatment or cruel
neglect.
|