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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.

Impoundment of animal found off property of owner or custodian,disposition, procedure--liability of owner or custodian forcosts--lien--rights of owner or custodian.

578.016. 1. Any duly authorized public health official, lawenforcement official, or animal control officer may impound anyanimal found outside of the owned or rented property of the owneror custodian of such animal when such animal shows evidence ofneglect or abuse. Any animal impounded pursuant to this sectionshall be:

(1) If the owner can be ascertained and the animal is notdiseased or disabled beyond recovery for any useful purpose, heldfor recovery by the owner. The owner shall be notified withinfive business days of impoundment by phone or by mail of theanimal's location and recovery procedures. The animal shall beheld for ten business days. An animal unclaimed after tenbusiness days may be put up for adoption or humanely killed;

(2) Placed in the care or custody of a veterinarian, theappropriate animal control authority or animal shelter. Theanimal shall not be disposed of, unless diseased or disabledbeyond recovery for any useful purpose, until after expiration ofa minimum of five business days, during which time the publicshall have clear access to inspect or recover the animal throughtime periods ordinarily accepted as usual business hours. Afterfive business days, the animal may be put up for adoption orhumanely killed; or

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

2. The owner or custodian of an animal impounded pursuant tothis section shall be liable for reasonable costs for the careand maintenance of the animal. Any person incurring reasonablecosts for the care and maintenance of such animal shall have alien against such animal until the reasonable costs have beenpaid and may put up for adoption or humanely kill any animal ifsuch costs are not paid within ten days after demand. Any moneysreceived for an animal adopted pursuant to this subsection inexcess of costs shall be paid to the owner of such animal.

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

(L. 1983 S.B. 211 ยง 6)

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