§ 19A‑70. Care ofanimal subjected to illegal treatment.
(a) In every arrestunder any provision of Article 47 of Chapter 14 of the General Statutes orunder G.S. 67‑4.3 or upon the commencement of an action under Article 1of this Chapter by a county or municipality, by a county‑approved animalcruelty investigator, by other county or municipal official, or by anorganization operating a county or municipal shelter under contract, if ananimal shelter takes custody of an animal, the operator of the shelter mayfile a petition with the court requesting that the defendant be ordered todeposit funds in an amount sufficient to secure payment of all the reasonableexpenses expected to be incurred by the animal shelter in caring for andproviding for the animal pending the disposition of the litigation. Forpurposes of this section, "reasonable expenses" includes the cost ofproviding food, water, shelter, and care, including medical care, for at least30 days.
(b) Upon receipt of apetition, the court shall set a hearing on the petition to determine the needto care for and provide for the animal pending the disposition of thelitigation. The hearing shall be conducted no less than 10 and no more than 15business days after the petition is filed. The operator of the animal sheltershall mail written notice of the hearing and a copy of the petition to thedefendant at the address contained in the criminal charges or the complaint orsummons by which a civil action was initiated. If the defendant is in a localdetention facility at the time the petition is filed, the operator of theanimal shelter shall also provide notice to the custodian of the detentionfacility.
(c) The court shall setthe amount of funds necessary for 30 days' care after taking into considerationall of the facts and circumstances of the case, including the need to care forand provide for the animal pending the disposition of the litigation, therecommendation of the operator of the animal shelter, the estimated cost ofcaring for and providing for the animal, and the defendant's ability to pay. Ifthe court determines that the defendant is unable to deposit funds, the courtmay consider issuing an order under subsection (f) of this section.
Any order for funds to bedeposited pursuant to this section shall state that if the operator of theanimal shelter files an affidavit with the clerk of superior court, at leasttwo business days prior to the expiration of a 30‑day period, stating that,to the best of the affiant's knowledge, the case against the defendant has notyet been resolved, the order shall be automatically renewed every 30 days untilthe case is resolved.
(d) If the court ordersthat funds be deposited, the amount of funds necessary for 30 days shall beposted with the clerk of superior court. The defendant shall also deposit thesame amount with the clerk of superior court every 30 days thereafter until thelitigation is resolved, unless the defendant requests a hearing no less thanfive business days prior to the expiration of a 30‑day period. If thedefendant fails to deposit the funds within five business days of the initialhearing, or five business days of the expiration of a 30‑day period, theanimal is forfeited by operation of law. If funds have been deposited inaccordance with this section, the operator of the animal shelter may draw fromthe funds the actual costs incurred in caring for the animal.
In the event of forfeiture,the animal shelter may determine whether the animal is suitable for adoptionand whether adoption can be arranged for the animal. The animal may not beadopted by the defendant or by any person residing in the defendant'shousehold. If the adopted animal is a dog used for fighting, the animal sheltershall notify any persons adopting the dog of the liability provisions forowners of dangerous dogs under Article 1A of Chapter 67 of the GeneralStatutes. If no adoption can be arranged after the forfeiture, or the animal isunsuitable for adoption, the shelter shall humanely euthanize the animal.
(e) The deposit offunds shall not prevent the animal shelter from disposing of the animal priorto the expiration of the 30‑day period covered by the deposit if thecourt makes a final determination of the charges or claims against thedefendant. Upon determination, the defendant is entitled to a refund for anyportion of the deposit not incurred as expenses by the animal shelter. A personwho is acquitted of all criminal charges or not found to have committed animalcruelty in a civil action under Article 1 of this Chapter is entitled to arefund of the deposit remaining after any draws from the deposit in accordancewith subsection (d) of this section.
(f) Pursuant tosubsection (c) of this section, the court may order a defendant to providenecessary food, water, shelter, and care, including any necessary medical care,for any animal that is the basis of the charges or claims against the defendantwithout the removal of the animal from the existing location and until thecharges or claims against the defendant are adjudicated. If the court issuessuch an order, the court shall provide for an animal control officer or otherlaw enforcement officer to make regular visits to the location to ensure thatthe animal is receiving necessary food, water, shelter, and care, including anynecessary medical care, and to impound the animal if it is not receiving thosenecessities. (2005‑383,s. 1; 2006‑113, s. 2.1.)
§ 19A‑70. Care ofanimal subjected to illegal treatment.
(a) In every arrestunder any provision of Article 47 of Chapter 14 of the General Statutes orunder G.S. 67‑4.3 or upon the commencement of an action under Article 1of this Chapter by a county or municipality, by a county‑approved animalcruelty investigator, by other county or municipal official, or by anorganization operating a county or municipal shelter under contract, if ananimal shelter takes custody of an animal, the operator of the shelter mayfile a petition with the court requesting that the defendant be ordered todeposit funds in an amount sufficient to secure payment of all the reasonableexpenses expected to be incurred by the animal shelter in caring for andproviding for the animal pending the disposition of the litigation. Forpurposes of this section, "reasonable expenses" includes the cost ofproviding food, water, shelter, and care, including medical care, for at least30 days.
(b) Upon receipt of apetition, the court shall set a hearing on the petition to determine the needto care for and provide for the animal pending the disposition of thelitigation. The hearing shall be conducted no less than 10 and no more than 15business days after the petition is filed. The operator of the animal sheltershall mail written notice of the hearing and a copy of the petition to thedefendant at the address contained in the criminal charges or the complaint orsummons by which a civil action was initiated. If the defendant is in a localdetention facility at the time the petition is filed, the operator of theanimal shelter shall also provide notice to the custodian of the detentionfacility.
(c) The court shall setthe amount of funds necessary for 30 days' care after taking into considerationall of the facts and circumstances of the case, including the need to care forand provide for the animal pending the disposition of the litigation, therecommendation of the operator of the animal shelter, the estimated cost ofcaring for and providing for the animal, and the defendant's ability to pay. Ifthe court determines that the defendant is unable to deposit funds, the courtmay consider issuing an order under subsection (f) of this section.
Any order for funds to bedeposited pursuant to this section shall state that if the operator of theanimal shelter files an affidavit with the clerk of superior court, at leasttwo business days prior to the expiration of a 30‑day period, stating that,to the best of the affiant's knowledge, the case against the defendant has notyet been resolved, the order shall be automatically renewed every 30 days untilthe case is resolved.
(d) If the court ordersthat funds be deposited, the amount of funds necessary for 30 days shall beposted with the clerk of superior court. The defendant shall also deposit thesame amount with the clerk of superior court every 30 days thereafter until thelitigation is resolved, unless the defendant requests a hearing no less thanfive business days prior to the expiration of a 30‑day period. If thedefendant fails to deposit the funds within five business days of the initialhearing, or five business days of the expiration of a 30‑day period, theanimal is forfeited by operation of law. If funds have been deposited inaccordance with this section, the operator of the animal shelter may draw fromthe funds the actual costs incurred in caring for the animal.
In the event of forfeiture,the animal shelter may determine whether the animal is suitable for adoptionand whether adoption can be arranged for the animal. The animal may not beadopted by the defendant or by any person residing in the defendant'shousehold. If the adopted animal is a dog used for fighting, the animal sheltershall notify any persons adopting the dog of the liability provisions forowners of dangerous dogs under Article 1A of Chapter 67 of the GeneralStatutes. If no adoption can be arranged after the forfeiture, or the animal isunsuitable for adoption, the shelter shall humanely euthanize the animal.
(e) The deposit offunds shall not prevent the animal shelter from disposing of the animal priorto the expiration of the 30‑day period covered by the deposit if thecourt makes a final determination of the charges or claims against thedefendant. Upon determination, the defendant is entitled to a refund for anyportion of the deposit not incurred as expenses by the animal shelter. A personwho is acquitted of all criminal charges or not found to have committed animalcruelty in a civil action under Article 1 of this Chapter is entitled to arefund of the deposit remaining after any draws from the deposit in accordancewith subsection (d) of this section.
(f) Pursuant tosubsection (c) of this section, the court may order a defendant to providenecessary food, water, shelter, and care, including any necessary medical care,for any animal that is the basis of the charges or claims against the defendantwithout the removal of the animal from the existing location and until thecharges or claims against the defendant are adjudicated. If the court issuessuch an order, the court shall provide for an animal control officer or otherlaw enforcement officer to make regular visits to the location to ensure thatthe animal is receiving necessary food, water, shelter, and care, including anynecessary medical care, and to impound the animal if it is not receiving thosenecessities. (2005‑383,s. 1; 2006‑113, s. 2.1.)
§ 19A‑70. Care ofanimal subjected to illegal treatment.
(a) In every arrestunder any provision of Article 47 of Chapter 14 of the General Statutes orunder G.S. 67‑4.3 or upon the commencement of an action under Article 1of this Chapter by a county or municipality, by a county‑approved animalcruelty investigator, by other county or municipal official, or by anorganization operating a county or municipal shelter under contract, if ananimal shelter takes custody of an animal, the operator of the shelter mayfile a petition with the court requesting that the defendant be ordered todeposit funds in an amount sufficient to secure payment of all the reasonableexpenses expected to be incurred by the animal shelter in caring for andproviding for the animal pending the disposition of the litigation. Forpurposes of this section, "reasonable expenses" includes the cost ofproviding food, water, shelter, and care, including medical care, for at least30 days.
(b) Upon receipt of apetition, the court shall set a hearing on the petition to determine the needto care for and provide for the animal pending the disposition of thelitigation. The hearing shall be conducted no less than 10 and no more than 15business days after the petition is filed. The operator of the animal sheltershall mail written notice of the hearing and a copy of the petition to thedefendant at the address contained in the criminal charges or the complaint orsummons by which a civil action was initiated. If the defendant is in a localdetention facility at the time the petition is filed, the operator of theanimal shelter shall also provide notice to the custodian of the detentionfacility.
(c) The court shall setthe amount of funds necessary for 30 days' care after taking into considerationall of the facts and circumstances of the case, including the need to care forand provide for the animal pending the disposition of the litigation, therecommendation of the operator of the animal shelter, the estimated cost ofcaring for and providing for the animal, and the defendant's ability to pay. Ifthe court determines that the defendant is unable to deposit funds, the courtmay consider issuing an order under subsection (f) of this section.
Any order for funds to bedeposited pursuant to this section shall state that if the operator of theanimal shelter files an affidavit with the clerk of superior court, at leasttwo business days prior to the expiration of a 30‑day period, stating that,to the best of the affiant's knowledge, the case against the defendant has notyet been resolved, the order shall be automatically renewed every 30 days untilthe case is resolved.
(d) If the court ordersthat funds be deposited, the amount of funds necessary for 30 days shall beposted with the clerk of superior court. The defendant shall also deposit thesame amount with the clerk of superior court every 30 days thereafter until thelitigation is resolved, unless the defendant requests a hearing no less thanfive business days prior to the expiration of a 30‑day period. If thedefendant fails to deposit the funds within five business days of the initialhearing, or five business days of the expiration of a 30‑day period, theanimal is forfeited by operation of law. If funds have been deposited inaccordance with this section, the operator of the animal shelter may draw fromthe funds the actual costs incurred in caring for the animal.
In the event of forfeiture,the animal shelter may determine whether the animal is suitable for adoptionand whether adoption can be arranged for the animal. The animal may not beadopted by the defendant or by any person residing in the defendant'shousehold. If the adopted animal is a dog used for fighting, the animal sheltershall notify any persons adopting the dog of the liability provisions forowners of dangerous dogs under Article 1A of Chapter 67 of the GeneralStatutes. If no adoption can be arranged after the forfeiture, or the animal isunsuitable for adoption, the shelter shall humanely euthanize the animal.
(e) The deposit offunds shall not prevent the animal shelter from disposing of the animal priorto the expiration of the 30‑day period covered by the deposit if thecourt makes a final determination of the charges or claims against thedefendant. Upon determination, the defendant is entitled to a refund for anyportion of the deposit not incurred as expenses by the animal shelter. A personwho is acquitted of all criminal charges or not found to have committed animalcruelty in a civil action under Article 1 of this Chapter is entitled to arefund of the deposit remaining after any draws from the deposit in accordancewith subsection (d) of this section.
(f) Pursuant tosubsection (c) of this section, the court may order a defendant to providenecessary food, water, shelter, and care, including any necessary medical care,for any animal that is the basis of the charges or claims against the defendantwithout the removal of the animal from the existing location and until thecharges or claims against the defendant are adjudicated. If the court issuessuch an order, the court shall provide for an animal control officer or otherlaw enforcement officer to make regular visits to the location to ensure thatthe animal is receiving necessary food, water, shelter, and care, including anynecessary medical care, and to impound the animal if it is not receiving thosenecessities. (2005‑383,s. 1; 2006‑113, s. 2.1.)
