Section 578.016

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 578

Effective - 28 Aug 1983   

  578.016.  Impoundment of animal found off property of owner or custodian, disposition, procedure — liability of owner or custodian for costs — lien — rights of owner or custodian. — 1.  Any duly authorized public health official, law enforcement official, or animal control officer may impound any animal found outside of the owned or rented property of the owner or custodian of such animal when such animal shows evidence of neglect or abuse.  Any animal impounded pursuant to this section shall be:

  (1)  If the owner can be ascertained and the animal is not diseased or disabled beyond recovery for any useful purpose, held for recovery by the owner.  The owner shall be notified within five business days of impoundment by phone or by mail of the animal's location and recovery procedures.  The animal shall be held for ten business days.  An animal unclaimed after ten business days may be put up for adoption or humanely killed;

  (2)  Placed in the care or custody of a veterinarian, the appropriate animal control authority or animal shelter.  The animal shall not be disposed of, unless diseased or disabled beyond recovery for any useful purpose, until after expiration of a minimum of five business days, during which time the public shall have clear access to inspect or recover the animal through time periods ordinarily accepted as usual business hours.  After five business days, the animal may be put up for adoption or humanely killed; or

  (3)  If diseased or disabled beyond recovery for any useful purpose as determined by a public health official, law enforcement official, veterinarian or animal control officer, humanely killed.

  2.  The owner or custodian of an animal impounded pursuant to this section shall be liable for reasonable costs for the care and maintenance of the animal.  Any person incurring reasonable costs for the care and maintenance of such animal shall have a lien against such animal until the reasonable costs have been paid and may put up for adoption or humanely kill any animal if such costs are not paid within ten days after demand.  Any moneys received for an animal adopted pursuant to this subsection in excess of costs shall be paid to the owner of such animal.

  3.  The owner or custodian of any animal killed pursuant to this section shall be entitled to recover the actual value of the animal up to but not to exceed six hundred dollars if the owner or custodian shows that such killing was unwarranted.

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(L. 1983 S.B. 211 § 6)