76-9-305 - Officer's authority to take possession of animals -- Lien for care.
76-9-305. Officer's authority to take possession of animals -- Lien for care.
(1) Any law enforcement officer may take possession of any animals being treated cruellyand, after reasonable efforts to notify the owner, may provide shelter and care for them or uponpermission from the owner may destroy them.
(2) Officers caring for animals pursuant to this section have a lien for the reasonablevalue of the care and/or destruction. Any court upon proof that the owner has been notified of thelien and amount due, at least five days prior, shall order the animal sold at public auction ordestroyed.
(3) Any law enforcement officer may humanely destroy any animal found suffering pastrecovery for any useful purpose. Before destroying the animal the officer shall obtain thejudgment to the effect of a veterinarian, or of two reputable citizens called by him to view theanimal in his presence, or shall obtain consent to the destruction from the owner of the animal.
Amended by Chapter 87, 1977 General Session