578.018. Warrant for entry on private property to inspect--impoundment of animals, disposition. - Missouri Statutes

Warrant for entry on private property to inspect--impoundment ofanimals, disposition.

578.018. 1. Any duly authorized public health official orlaw enforcement official may seek a warrant from the appropriatecourt to enable him to enter private property in order toinspect, care for, or impound neglected or abused animals. Allrequests for such warrants shall be accompanied by an affidavitstating the probable cause to believe a violation of sections578.005 to 578.023 has occurred. A person acting under theauthority of a warrant shall:

(1) Be given a disposition hearing before the court throughwhich the warrant was issued, within thirty days of the filing ofthe request for the purpose of granting immediate disposition ofthe animals impounded;

(2) Place impounded animals in the care or custody of aveterinarian, the appropriate animal control authority, or ananimal shelter. If no appropriate veterinarian, animal controlauthority, or animal shelter is available, the animal shall notbe impounded unless it is diseased or disabled beyond recoveryfor any useful purpose;

(3) Humanely kill any animal impounded if it is determinedby a licensed veterinarian that the animal is diseased ordisabled beyond recovery for any useful purpose;

(4) Not be liable for any necessary damage to propertywhile acting under such warrant.

2. The owner or custodian or any person claiming aninterest in any animal that has been impounded because of neglector abuse may prevent disposition of the animal by posting bond orsecurity in an amount sufficient to provide for the animal's careand keeping for at least thirty days, inclusive of the date onwhich the animal was taken into custody. Notwithstanding thefact that bond may be posted pursuant to this subsection, theauthority having custody of the animal may humanely dispose ofthe animal at the end of the time for which expenses are coveredby the bond or security, unless there is a court orderprohibiting such disposition. Such order shall provide for abond or other security in the amount necessary to protect theauthority having custody of the animal from any cost of the care,keeping or disposal of the animal. The authority taking custodyof an animal shall give notice of the provisions of this sectionby posting a copy of this section at the place where the animalwas taken into custody or by delivering it to a person residingon the property.

3. The owner or custodian of any animal humanely killedpursuant to this section shall not be entitled to recover anydamages related to nor the actual value of the animal if theanimal was found by a licensed veterinarian to be diseased ordisabled, or if the owner or custodian failed to post bond orsecurity for the care, keeping and disposition of the animalafter being notified of impoundment.

(L. 1983 S.B. 211 § 7, A.L. 1993 S.B. 180)

(2005) Section authorizing impoundment of abused or neglected animals is not unconstitutionally vague or a violation of equal protection. State ex rel. Zobel v. Burrell, 167 S.W.3d 688 (Mo.banc).