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§711-1109.1 - Authority to enter premises; notice of impoundment of animal; damage resulting from entry.

     §711-1109.1  Authority to enter premises; notice of impoundment of animal; damage resulting from entry.  (1)  [Repeal and reenactment on July 1, 2015.  L 2009, c 11, §15 as superseded by c 160, §3.] If there is probable cause to believe that a pet animal is being subjected to treatment in violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.6, a law enforcement officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises where the pet animal is located to provide the pet animal with food, water, and emergency medical treatment or to impound the pet animal.  If after reasonable effort, the owner or person having custody of the pet animal cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and within seventy-two hours after posting, the notice shall be sent by certified mail to the address, if any, from which the pet animal was removed.

     (2)  A law enforcement officer is not liable for any damage resulting from an entry under subsection (1), unless the damage resulted from intentional or reckless behavior on behalf of the law enforcement officer.

     (3)  A court may order a pet animal impounded under subsection (1) to be held at a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals.  A facility receiving the pet animal shall provide adequate food and water and may provide veterinary care.

     (4)  For purposes of this section, "law enforcement officer" shall have the same meaning as [in] section 710-1000. [L 2006, c 239, pt of §1; am L 2007, c 114, §5; am L 2008, c 128, §§2, 7]

 

 

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