North Dakota Code 36-21.2-06 – Law enforcement – Duty upon seizure – Notification
1. Upon seizing an animal as provided for in section 36-21.2-05, the law enforcement officer shall provide care for the animal, either directly or through a contractual arrangement with another person. For purposes of this subsection, “care” means food, water, and shelter from the elements, as appropriate for the species, the breed, and the animal’s age and physical condition, and necessary medical attention.
Terms Used In North Dakota Code 36-21.2-06
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. If the owner and the person having custody or control at the time of the seizure are known to the officer or can be determined following a reasonable inquiry, the officer shall:
(1) Provide notice of the seizure to the owner, the person having custody or control of the animal, and, if the animal is a bovine animal, horse, or mule, to the chief brand inspector; and
(2) Petition the court for an order directing the animal’s disposition.
b. If the animal’s owner is not known to the law enforcement officer and cannot be determined following a reasonable inquiry, the officer shall publish notice of the animal’s seizure in the official newspaper of the county and indicate that if the owner does not claim the animal within five days, the animal will be sold, placed for adoption, or humanely destroyed, at the direction of the law enforcement officer. If the animal to be seized is a bovine animal, horse, or mule, the officer also shall provide notice to the chief brand inspector.
(1) If the owner does not claim the animal within five days following publication, as required by this subdivision, the law enforcement officer shall sell the animal, place the animal for adoption, or provide for its humane destruction.
(2) If the owner is identified within the five-day period following publication, the law enforcement officer shall petition the court for an order directing the animal’s disposition.
2. In ruling on a petition for an animal’s disposition under this section, a court may direct that the animal be sold, placed for adoption, humanely destroyed, or returned to its owner, with or without conditions. If the animal subject to the disposition ruling is a bovine animal, horse, or mule, the law enforcement officer shall provide notice of the ruling to the chief brand inspector. The chief brand inspector shall conduct an ownership inspection of the animal subject to the ruling.
3. The owner of an animal, at any time before a final ruling on the animal’s disposition, may request a hearing before the court. If a hearing is requested, the court may not issue a final ruling on the disposition of the animal until the conclusion of the hearing.