§ 6-37. Seizure and disposition of neglected animals.

(a)

When a person is charged with animal neglect, the animal control authority may seize any neglected animal, as well as any other animal on the premises.

(b)

The seizing animal control officer shall, within 24 hours of the seizure, notify the owner or attendant of the seized animal of the provisions of this section by posting written notice at the location where the animal was seized or by leaving it with a person of suitable age and discretion residing at the location. When a person is charged with animal neglect for abandoning a confined animal, this written notice shall be made within 24 hours of identifying the responsible person.

(c)

The seized animals shall be photographed and housed at the animal shelter or with a suitable custodian determined by the animal control manager. The seized animal shall be held by the custodian for a period of 15 consecutive days, including weekends and holidays, after notice of seizure is given. However, nothing in this section shall prevent the animal control authority from humanely disposing of any animal that has been seized and impounded.

(d)

Any person claiming ownership in any animal seized pursuant to this section may prevent the disposition of the animal by posting a bond with the division of animal control within 15 days from the date that the initial notice of seizure was issued in an amount sufficient to secure payment for all reasonable costs incurred in the boarding and treatment for any seized animal for a 30-day period commencing on the date of initial seizure. The amount of the bond shall be determined by the division of animal control or its agents as authorized by the court in accordance with the current rate for board and on the condition of the animal. Such bond shall not prevent the division of animal control or its agents from disposing of the animal at the end of the 30-day period covered by the bond, unless the person claiming an interest posts an additional bond for such reasonable expenses for the additional 30-day period. In addition, nothing shall prevent the euthanasia of any seized animal, at any time, whether or not any bond was posted, if a licensed veterinarian determines that the animal is not likely to survive and is suffering, as a result of physical condition. In such instances, the court, in its discretion may order the return of any bond posted, less reasonable costs, at the time of trial.

(e)

Upon a person's conviction of animal neglect, it shall be proper for the court, in its discretion, to order the forfeiture and final determination of the custody of any animal found to be neglected or abandoned in accordance with this section and the forfeiture of the bond posted. The court may, in its discretion order payment of any reasonable or additional costs incurred in the boarding or veterinary treatment of any seized animal prior to its disposition, whether or not a bond was posted. In the event of the acquittal or final discharge without held conviction of the accused, the court shall, on demand, direct the delivery of any animal held in custody to the owner thereof and order the return of any bond posted, less reasonable administrative costs.

(Ord. No. 15-12-1125-OR, 12-15-2015)

State law reference

Seizure and disposition of animals cruelly treated, R.S. 14:102.2; cruelty to animals; simple and aggravated, R.S. 14:102.1.