§ 54-906 — Law enforcement officer; warrant authorizing entry upon property; issue citation; seizure of animal and property; custody agreement; law enforcement officer; powers; duties; liability

(1) A law enforcement officer
who has reason to believe that a livestock animal has been abandoned or is
being cruelly neglected or cruelly mistreated may seek a warrant authorizing
entry upon private property to inspect, care for, or impound the livestock
animal.
(2) A law enforcement officer
who has reason to believe that a livestock animal has been abandoned or is
being cruelly neglected or cruelly mistreated may issue a citation to the
owner or custodian as
prescribed in sections 29-422 to 29-429 .
(3) A law enforcement
officer may specify in a custody agreement the terms and conditions by which
the owner or custodian may maintain custody of the livestock animal to provide
care for such animal at the expense of the owner or custodian. The custody
agreement shall be signed by the owner or custodian of the livestock animal.
A copy of the signed agreement shall be provided to the owner or custodian
of the livestock animal. A violation of the custody agreement may result in
the seizure of the livestock animal.
(4) Any equipment, device, or other property or things involved
in a violation of section 54-903 or 54-904 shall be subject to seizure, and
distribution or disposition may be made in such manner as the court may direct. Any livestock animal involved in a violation
of section 54-903 or 54-904 shall be subject to seizure. Distribution or disposition
shall be made under section 54-913 as the court may direct. Any livestock
animal seized under this subsection may be kept by the law enforcement officer
on the property of the owner or custodian of such livestock animal.
(5) A law enforcement
officer may euthanize or cause a livestock animal seized or kept pursuant
to this section to be euthanized if the animal is severely emaciated, injured,
disabled, or diseased past recovery for any useful purpose. The law enforcement
officer shall notify the owner or custodian prior to the euthanasia if practicable
under the circumstances. An owner or custodian may request that a veterinarian
of the owner's or custodian's choosing view the livestock animal and be present
upon examination of the livestock animal, and no livestock animal shall be
euthanized without reasonable accommodation to provide for the presence of
the owner's or custodian's veterinarian when requested. However, attempted
notification of the owner or custodian or the presence of the owner's or custodian's
veterinarian shall not unduly delay euthanasia when necessary. The law enforcement
officer may forgo euthanasia if the care of the livestock animal is placed
with the owner's or custodian's veterinarian.
(6) A law enforcement officer acting under this
section shall not be liable for damage to property if such damage is not the
result of the officer's negligence.

Legislative History

Source: Laws 2010, LB865, § 6; Laws 2013, LB423, § 8.