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ARTICLE
II. IN GENERAL |
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| A. | A deputy animal control officer may enter any place, building, or tenement where an exhibition of dog fighting is occurring, or where preparation are being made for such an exhibition, and without a warrant arrest all persons present. | ||
| B. | Notwithstanding the provisions of the section "officers's authority to take possession of animals" any authorized officer who makes an arrest under Subsection A may lawfully take possession of all dogs, paraphernalia, implements, or other property or things used or employed, or to be employed, in an exhibition of dog fighting prohibited by Subsection "Cruelty to animals" A(6) or section Dog fighting". The officer, at the time of that taking, shall state his name and provide other identifying information to the person in charge of the dogs or property taken. | ||
| C. | After taking possession of dogs, paraphernalia, implements, or other property under Subsection B, the officer shall file an affidavit with the judge or magistrate before whom a complaint has been made against any person arrested under this section. That affidavit shall include | ||
| 1. | The name of the person charged in the complaint; | ||
| 2. | A description of all property taken; | ||
| 3. | The time and place of the taking; | ||
| 4. | The name of the person from whom the property was taken; | ||
| 5. | The name of the person who claims to own the property, if known | ||
| 6. | A statement that the officer has reason to believe and does believe that the property taken was used or employed, or was to be used or employed, in violation of section "Cruelty to animals" or "Dog fighting" and the grounds for such belief. | ||
| D. | The officer shall deliver the confiscated property to the judge or magistrate who shall, by order place the property in the custody of the officer or any other person designated in the order, and that person shall keep the property until conviction or final discharge of the person against who the complaint was made. The person so designated shall assume immediate custody of that property, and retain that property until further order of the court. Upon conviction of the person charged, all confiscated property shall be forfeited and destroyed or otherwise disposed of, as the court may order. If the person charged is acquitted or discharged without conviction, the court shall, on demand, order the property to be returned to its owner. | ||
Officers Authority to take possession of animals--lien for care.
| A. | Any law enforcement officer may take possession of any animals being treated cruelly and, after reasonable efforts to notify the owner, may provide shelter and care for them or upon permission of the owner destroy them. |
| B. | Officers caring for animals pursuant to this section have a lien for the reasonable value of the care and/or destruction. Any court upon proof that the owner has been notified of the lien and amount due, at least five (5) days prior, shall order the animal sold at public auction or destroyed. | |
| C. | Any law enforcement officer may humanly destroy any animal found suffering past recovery for any useful purpose. Before destroying the animal, the officer shall obtain the judgement of a veterinarian, or of two reputable citizens called by him to view the animal in his presence, or shall obtain consent to the destruction from the owner of the animal. and its owner may be cited and/or charged for impound and sheltering fees. |
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