Section 287.1020 - Return of seized wolf-dog cross; conditions; notice; order of forfeiture; liability for costs.
WOLF-DOG CROSS ACT (EXCERPT)
Act 246 of 2000
287.1020 Return of seized wolf-dog cross; conditions; notice; order of forfeiture; liability for costs.
Sec. 20.
(1) A law enforcement officer shall return a seized wolf-dog cross to the owner of the wolf-dog cross within 7 days after the occurrence of any of the following:
(a) The failure to issue a warrant against the owner or person temporarily in possession of the wolf-dog cross for committing a misdemeanor under section 15 or to file a complaint under section 16(3) within 10 days after the wolf-dog cross is seized.
(b) The dismissal of charges against the owner or person temporarily in possession of the wolf-dog cross under section 15 or of a complaint under section 16(3), as applicable.
(c) The court's determination that an order for the wolf-dog cross to be forfeited shall not be entered.
(d) The acquittal of the owner or person temporarily in possession of the wolf-dog cross of any charges under section 15.
(e) Entry of a court order under this act for the return of the wolf-dog cross.
(2) If a wolf-dog cross is returned under subsection (1), the law enforcement officer shall give written notice to the persons who received notice under section 18 that the wolf-dog cross has been returned. The notice under this subsection shall be delivered in person or sent by certified mail. If the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the wolf-dog cross was seized for 10 successive publishing days.
(3) If the court orders a wolf-dog cross to be forfeited, the order of forfeiture shall direct that each wolf-dog cross be transferred to a wildlife sanctuary approved by the association of sanctuaries, an animal protection shelter, or a zoo accredited by the American zoo and aquarium association, where the wolf-dog cross will be safely and humanely cared for as provided by this act. However, subject to section 10, if the wolf-dog cross killed or injured a human or an animal, the order of forfeiture may direct that the wolf-dog cross be humanely euthanized by a veterinarian. An order of forfeiture shall also revoke any permit that may have been issued for the wolf-dog cross under section 4 and order payment of costs under subsection (4). The forfeiture is a civil forfeiture.
(4) If a wolf-dog cross is seized, the owner of the wolf-dog cross is liable for the costs of placement and care for the wolf-dog cross from the time of seizure until the time of return or forfeiture and, if a wolf-dog cross is ordered to be forfeited and euthanized, for the costs of humanely euthanizing and disposing of the wolf-dog cross. This subsection does not apply if the wolf-dog cross is returned under subsection (1) or section 19.
History: 2000, Act 246, Imd. Eff. June 29, 2000