1. Upon seizing an animal as provided for in section 36-21.2-05, the law enforcement
officer shall provide care for the animal, either directly or through a contractual
arrangement with another person. For purposes of this subsection, "care" means food,
water, and shelter from the elements, as appropriate for the species, the breed, and
the animal's age and physical condition, and necessary medical attention.
a. If the owner and the person having custody or control at the time of the seizure
are known to the officer or can be determined following a reasonable inquiry, the
officer shall:
(1)Provide notice of the seizure to the owner, the person having custody or
control of the animal, and, if the animal is a bovine animal, horse, or mule, to
the chief brand inspector; and
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1. Upon seizing an animal as provided for in section 36-21.2-05, the law enforcement
officer shall provide care for the animal, either directly or through a contractual
arrangement with another person. For purposes of this subsection, "care" means food,
water, and shelter from the elements, as appropriate for the species, the breed, and
the animal's age and physical condition, and necessary medical attention.
a. If the owner and the person having custody or control at the time of the seizure
are known to the officer or can be determined following a reasonable inquiry, the
officer shall:
(1) Provide notice of the seizure to the owner, the person having custody or
control of the animal, and, if the animal is a bovine animal, horse, or mule, to
the chief brand inspector; and
(2) Petition the court for an order directing the animal's disposition.
b. If the animal's owner is not known to the law enforcement officer and cannot be
determined following a reasonable inquiry, the officer shall publish notice of the
animal's seizure in the official newspaper of the county and indicate that if the
owner does not claim the animal within five days, the animal will be sold, placed
for adoption, or humanely destroyed, at the direction of the law enforcement
officer. If the animal to be seized is a bovine animal, horse, or mule, the officer
also shall provide notice to the chief brand inspector.
(1) If the owner does not claim the animal within five days following publication,
as required by this subdivision, the law enforcement officer shall sell the
animal, place the animal for adoption, or provide for its humane destruction.
(2) If the owner is identified within the five-day period following publication, the
law enforcement officer shall petition the court for an order directing the
animal's disposition.
2. In ruling on a petition for an animal's disposition under this section, a court may direct
that the animal be sold, placed for adoption, humanely destroyed, or returned to its
owner, with or without conditions. If the animal subject to the disposition ruling is a
bovine animal, horse, or mule, the law enforcement officer shall provide notice of the
ruling to the chief brand inspector. The chief brand inspector shall conduct an
ownership inspection of the animal subject to the ruling.
3. The owner of an animal, at any time before a final ruling on the animal's disposition,
may request a hearing before the court. If a hearing is requested, the court may not
issue a final ruling on the disposition of the animal until the conclusion of the hearing.