ยง711-1109.1 - Authority to enter premises; notice of impoundment of animal; damage resulting from entry.
ยง711-1109.1ย Authority to enter
premises; notice of impoundment of animal; damage resulting from entry.ย (1)
ย [Repeal and reenactment on July 1, 2015.ย L 2009, c 11, ยง15 as superseded
by c 160, ยง3.] If there is probable cause to believe that a pet animal is
being subjected to treatment in violation of section 711-1108.5, 711-1109,
711-1109.3, or 711-1109.6, a law enforcement officer, after obtaining a search
warrant or in any other manner authorized by law, may enter the premises where
the pet animal is located to provide the pet animal with food, water, and
emergency medical treatment or to impound the pet animal.ย If after reasonable
effort, the owner or person having custody of the pet animal cannot be found
and notified of the impoundment, an impoundment notice shall be conspicuously
posted on the premises and within seventy-two hours after posting, the notice
shall be sent by certified mail to the address, if any, from which the pet
animal was removed.
(2)ย A law enforcement officer is not liable
for any damage resulting from an entry under subsection (1), unless the damage
resulted from intentional or reckless behavior on behalf of the law enforcement
officer.
(3)ย A court may order a pet animal impounded
under subsection (1) to be held at a duly incorporated humane society or duly
incorporated society for the prevention of cruelty to animals.ย A facility
receiving the pet animal shall provide adequate food and water and may provide
veterinary care.
(4)ย For purposes of this section, "law
enforcement officer" shall have the same meaning as [in] section 710-1000.
[L 2006, c 239, pt of ยง1; am L 2007, c 114, ยง5; am L 2008, c 128, ยงยง2, 7]