32-1307.Seizure of animals; access to premises;notice; hearing; costs.(a) Any dangerous regulated animal may be seized by the localanimal control authority as provided in this section.
(b) The local animal control authority, upon issuance of a notice ofinspection, shall be granted access at reasonable times to premises where thelocal animal control authority has reason to believe a violation of this act isoccurring or has occurred.
(c) If a person who possesses a dangerous regulated animal is not incompliance with the requirements of this act, the local animal controlauthority shall take possession of the animal for custody and care, followingthe procedures in this subsection.
(d) Upon request of a person possessing a dangerous regulated animal, thelocal animal control authority may allow the animal to remain in the physicalcustody of the owner for 30 days, during which time the owner shall take allnecessary actions to come in compliance with this act. During the 30-dayperiod, the local animal control authority may inspect, at any reasonable time,the premises where the animal is kept.
(e) If a person who possesses a dangerous regulated animal is not incompliance with this act following the 30-day period described in subsection(d), the local animal control authority shall seize the animal and place it ina holding facility that is appropriate for the species for up to 10 days. Theauthority taking custody of an animal under this subsection shall provide anotice of the seizure by delivering or mailing it to the person possessing suchdangerous regulated animal, by posting a copy of the notice at the premisewhere the animal is taken into custody, or by delivering it to a personresiding on the premise. The notice shall include:
(1) A description of the animal seized; the authority for and purpose of theseizure; thetime, place and circumstances under which the animal was seized; and a contactpersonand telephone number;
(2) a statement that a person from whom a dangerous regulated animal wasseized maypost securityto prevent disposition of the animal and may request a hearing concerning theseizure andthat failure to do so within five business days of the date of the notice willresult indisposition of the animal;
(3) a statement that actual costs of the care, keeping and disposal of thedangerous regulated animalare the responsibility of the person from whom the animal was seized, except totheextent that a court or hearing officer finds that the seizure was notsubstantially justified by law; and
(4) a form that can be used by a person from whom a dangerous regulatedanimal was seized for requesting a hearing under this subsection.
(f) If a person from whom the dangerous regulated animal was seized makes arequest within five business days of the seizure, a hearing must be held withinfive business days of the request to determine the validity of the seizure anddisposition of the animal. The judge or hearing officer may authorize thereturn of the animal to the person from whom the animal was seized if the judgeor hearing officer finds:
(1) That the person can and will provide the care required by law for thedangerous regulated animal; and
(2) the dangerous regulated animal is physically fit.
(g) If a judge or hearing officer orders a permanent disposition of thedangerous regulated animal, the local animal control authority may take stepsto find long-term placement for the animal with a wildlife sanctuary, or anappropriate United States department of agriculture licensed facility.
(h) A person from whom a dangerous regulated animal is seized is liable forall actual costs of care, keeping and disposal of the animal, except to theextent that a court or hearing officer finds that the seizure was notsubstantially justified by law. The costs shall be paid in full or a mutuallysatisfactory arrangement for payment shall be made between the local animalcontrol authority and the person claiming an interest in the animal beforereturn of the animal to the person.
(i) A person from whom a dangerous regulated animal has been seized underthis subsection may prevent disposition of the animal by posting security inthe amount sufficient to provide for the actual costs of care and keeping ofthe animal. The security shall be posted within five business days of theseizure, inclusive of the day of the seizure.
(j) If circumstances exist threatening the life of a person or the life ofany animal, any law enforcement agency or the local animal control authorityshall seize a dangerous regulated animal without an opportunity for hearing orcourt order, or destroy the animal.
(k) Upon proper determination by a licensed veterinarian, any dangerousregulated animal taken into custody under this section may be immediatelyeuthanized when the dangerous regulated animal is suffering and is beyond curethrough reasonable care and treatment.
(l) The agency or authority taking custody of the dangerous regulated animalmay recover all costs incurred under this section.
32-1307.Seizure of animals; access to premises;notice; hearing; costs.(a) Any dangerous regulated animal may be seized by the localanimal control authority as provided in this section.
(b) The local animal control authority, upon issuance of a notice ofinspection, shall be granted access at reasonable times to premises where thelocal animal control authority has reason to believe a violation of this act isoccurring or has occurred.
(c) If a person who possesses a dangerous regulated animal is not incompliance with the requirements of this act, the local animal controlauthority shall take possession of the animal for custody and care, followingthe procedures in this subsection.
(d) Upon request of a person possessing a dangerous regulated animal, thelocal animal control authority may allow the animal to remain in the physicalcustody of the owner for 30 days, during which time the owner shall take allnecessary actions to come in compliance with this act. During the 30-dayperiod, the local animal control authority may inspect, at any reasonable time,the premises where the animal is kept.
(e) If a person who possesses a dangerous regulated animal is not incompliance with this act following the 30-day period described in subsection(d), the local animal control authority shall seize the animal and place it ina holding facility that is appropriate for the species for up to 10 days. Theauthority taking custody of an animal under this subsection shall provide anotice of the seizure by delivering or mailing it to the person possessing suchdangerous regulated animal, by posting a copy of the notice at the premisewhere the animal is taken into custody, or by delivering it to a personresiding on the premise. The notice shall include:
(1) A description of the animal seized; the authority for and purpose of theseizure; thetime, place and circumstances under which the animal was seized; and a contactpersonand telephone number;
(2) a statement that a person from whom a dangerous regulated animal wasseized maypost securityto prevent disposition of the animal and may request a hearing concerning theseizure andthat failure to do so within five business days of the date of the notice willresult indisposition of the animal;
(3) a statement that actual costs of the care, keeping and disposal of thedangerous regulated animalare the responsibility of the person from whom the animal was seized, except totheextent that a court or hearing officer finds that the seizure was notsubstantially justified by law; and
(4) a form that can be used by a person from whom a dangerous regulatedanimal was seized for requesting a hearing under this subsection.
(f) If a person from whom the dangerous regulated animal was seized makes arequest within five business days of the seizure, a hearing must be held withinfive business days of the request to determine the validity of the seizure anddisposition of the animal. The judge or hearing officer may authorize thereturn of the animal to the person from whom the animal was seized if the judgeor hearing officer finds:
(1) That the person can and will provide the care required by law for thedangerous regulated animal; and
(2) the dangerous regulated animal is physically fit.
(g) If a judge or hearing officer orders a permanent disposition of thedangerous regulated animal, the local animal control authority may take stepsto find long-term placement for the animal with a wildlife sanctuary, or anappropriate United States department of agriculture licensed facility.
(h) A person from whom a dangerous regulated animal is seized is liable forall actual costs of care, keeping and disposal of the animal, except to theextent that a court or hearing officer finds that the seizure was notsubstantially justified by law. The costs shall be paid in full or a mutuallysatisfactory arrangement for payment shall be made between the local animalcontrol authority and the person claiming an interest in the animal beforereturn of the animal to the person.
(i) A person from whom a dangerous regulated animal has been seized underthis subsection may prevent disposition of the animal by posting security inthe amount sufficient to provide for the actual costs of care and keeping ofthe animal. The security shall be posted within five business days of theseizure, inclusive of the day of the seizure.
(j) If circumstances exist threatening the life of a person or the life ofany animal, any law enforcement agency or the local animal control authorityshall seize a dangerous regulated animal without an opportunity for hearing orcourt order, or destroy the animal.
(k) Upon proper determination by a licensed veterinarian, any dangerousregulated animal taken into custody under this section may be immediatelyeuthanized when the dangerous regulated animal is suffering and is beyond curethrough reasonable care and treatment.
(l) The agency or authority taking custody of the dangerous regulated animalmay recover all costs incurred under this section.
32-1307.Seizure of animals; access to premises;notice; hearing; costs.(a) Any dangerous regulated animal may be seized by the localanimal control authority as provided in this section.
(b) The local animal control authority, upon issuance of a notice ofinspection, shall be granted access at reasonable times to premises where thelocal animal control authority has reason to believe a violation of this act isoccurring or has occurred.
(c) If a person who possesses a dangerous regulated animal is not incompliance with the requirements of this act, the local animal controlauthority shall take possession of the animal for custody and care, followingthe procedures in this subsection.
(d) Upon request of a person possessing a dangerous regulated animal, thelocal animal control authority may allow the animal to remain in the physicalcustody of the owner for 30 days, during which time the owner shall take allnecessary actions to come in compliance with this act. During the 30-dayperiod, the local animal control authority may inspect, at any reasonable time,the premises where the animal is kept.
(e) If a person who possesses a dangerous regulated animal is not incompliance with this act following the 30-day period described in subsection(d), the local animal control authority shall seize the animal and place it ina holding facility that is appropriate for the species for up to 10 days. Theauthority taking custody of an animal under this subsection shall provide anotice of the seizure by delivering or mailing it to the person possessing suchdangerous regulated animal, by posting a copy of the notice at the premisewhere the animal is taken into custody, or by delivering it to a personresiding on the premise. The notice shall include:
(1) A description of the animal seized; the authority for and purpose of theseizure; thetime, place and circumstances under which the animal was seized; and a contactpersonand telephone number;
(2) a statement that a person from whom a dangerous regulated animal wasseized maypost securityto prevent disposition of the animal and may request a hearing concerning theseizure andthat failure to do so within five business days of the date of the notice willresult indisposition of the animal;
(3) a statement that actual costs of the care, keeping and disposal of thedangerous regulated animalare the responsibility of the person from whom the animal was seized, except totheextent that a court or hearing officer finds that the seizure was notsubstantially justified by law; and
(4) a form that can be used by a person from whom a dangerous regulatedanimal was seized for requesting a hearing under this subsection.
(f) If a person from whom the dangerous regulated animal was seized makes arequest within five business days of the seizure, a hearing must be held withinfive business days of the request to determine the validity of the seizure anddisposition of the animal. The judge or hearing officer may authorize thereturn of the animal to the person from whom the animal was seized if the judgeor hearing officer finds:
(1) That the person can and will provide the care required by law for thedangerous regulated animal; and
(2) the dangerous regulated animal is physically fit.
(g) If a judge or hearing officer orders a permanent disposition of thedangerous regulated animal, the local animal control authority may take stepsto find long-term placement for the animal with a wildlife sanctuary, or anappropriate United States department of agriculture licensed facility.
(h) A person from whom a dangerous regulated animal is seized is liable forall actual costs of care, keeping and disposal of the animal, except to theextent that a court or hearing officer finds that the seizure was notsubstantially justified by law. The costs shall be paid in full or a mutuallysatisfactory arrangement for payment shall be made between the local animalcontrol authority and the person claiming an interest in the animal beforereturn of the animal to the person.
(i) A person from whom a dangerous regulated animal has been seized underthis subsection may prevent disposition of the animal by posting security inthe amount sufficient to provide for the actual costs of care and keeping ofthe animal. The security shall be posted within five business days of theseizure, inclusive of the day of the seizure.
(j) If circumstances exist threatening the life of a person or the life ofany animal, any law enforcement agency or the local animal control authorityshall seize a dangerous regulated animal without an opportunity for hearing orcourt order, or destroy the animal.
(k) Upon proper determination by a licensed veterinarian, any dangerousregulated animal taken into custody under this section may be immediatelyeuthanized when the dangerous regulated animal is suffering and is beyond curethrough reasonable care and treatment.
(l) The agency or authority taking custody of the dangerous regulated animalmay recover all costs incurred under this section.
