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 cruelly
and, after reasonable efforts to notify the owner, may provide shelter and care for them or upon
permission from the owner may destroy them.
(2) Officers caring for animals pursuant to this section have a lien for the reasonable
value of the care and/or destruction. Any court upon proof that the owner has been notified of the
lien and amount due, at least five days prior, shall order the animal sold at public auction or
destroyed.
(3) Any law enforcement officer may humanely destroy any animal found suffering past
recovery for any useful purpose. Before destroying the animal the officer shall obtain the
judgment to the effect of a veterinarian, or of two reputable citizens called by him to view the
animal in his presence, or shall obtain consent to the destruction from the owner of the animal.
Amended by Chapter 87, 1977 General Session
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Last revised: Wednesday, July 23, 2008