§ 47-2-40 — Animal control authority authorized to confiscate a large wild cat, non-native bear, or great ape.

(A) An animal control authority or other person authorized to enforce the provisions of this chapter may confiscate a large wild cat, non-native bear, or great ape when: (1) the animal control authority or other person designated under this chapter has probable cause to believe that the large wild cat, non-native bear, or great ape was acquired or is being held in contravention of this chapter; (2) the large wild cat, non-native bear, or great ape poses an immediate, imminent danger to the health and safety of the public; or (3) the large wild cat, non-native bear, or great ape is in imminent danger of loss of life as a result of the action or inaction of the possessor as determined by a veterinarian. (B) A large wild cat, non-native bear, or great ape that is confiscated under this section must be returned to the possessor if the animal control authority or law enforcement officer establishes that the possessor had legal possession of the animal pursuant to this chapter, the return does not pose a public safety or health risk, and the animal is determined not to be in poor health and condition as a result of the action or inaction of the possessor. (C) The animal control authority or other persons authorized to enforce this chapter shall serve notice upon the possessor in person or by regular and certified mail, return receipt requested, notifying the possessor of the confiscation, that the possessor is responsible for payment of reasonable costs for caring and providing for the animal during the confiscation and that the possessor must meet the requirements of subsection (B) in order for the animal to be returned to the possessor. (D) If a large wild cat, non-native bear, or great ape that is confiscated under this section is not returned to the possessor, the animal control authority or other persons designated under this chapter shall release the animal to a facility exempted pursuant to this chapter or an out-of-state facility. (E) If a large wild cat, non-native bear, or great ape escapes or is released and poses an immediate threat to public safety, the animal control authority or other persons designated under this chapter may exercise judgment in attempting to recapture, contain, or destroy the animal.

Legislative History

HISTORY: 2017 Act No. 86 (H.3531), SECTION 1, eff January 1, 2018. Editor's Note 2017 Act No. 86, SECTION 4, provides as follows: "This act takes effect January 1, 2018, and applies to acts committed on or after that date."