§ 19A-46. Powers; magistrate's order; execution of order; petition; notice to owner. - North Carolina Statutes

§19A‑46.  Powers; magistrate's order; execution of order; petition; noticeto owner.

(a)        Whenever any animalis being cruelly treated as defined in G.S. 19A‑1(2), an animal crueltyinvestigator may file with a magistrate a sworn complaint requesting an orderallowing the investigator to provide suitable care for and take immediatecustody of the animal. The magistrate shall issue the order only when he findsprobable cause to believe that the animal is being cruelly treated and that itis necessary for the investigator to immediately take custody of it. Anymagistrate's order issued under this section shall be valid for only 24 hoursafter its issuance. After he executes the order, the animal crueltyinvestigator shall return it with a written inventory of the animals seized tothe clerk of court in the county where the order was issued.

(b)        The animal crueltyinvestigator may request a law‑enforcement officer or animal controlofficer to accompany him to help him seize the animal. An investigator mayforcibly enter any premises or vehicle when necessary to execute the order onlyif he reasonably believes that the premises or vehicle is unoccupied by anyperson and that the animal is on the premises or in the vehicle. Forcible entryshall be used only when the animal cruelty investigator is accompanied by a law‑enforcement officer. In any case, he must give notice of his identity andpurpose to anyone who may be present before entering said premises. Forcibleentry shall only be used during the daylight hours.

(c)        When he has takencustody of such an animal, the animal cruelty investigator shall file acomplaint pursuant to Article 1 of this Chapter as soon as possible. When heseizes the animal, he shall leave with the owner, if known, or affixed to thepremises or vehicle a copy of the magistrate's order and a written notice of adescription of the animal, the place where the animal will be taken, the reasonfor taking the animal, and the investigator's intent to file a complaint indistrict court requesting custody of the animal pursuant to Article 1 of thisChapter.

(d)        Notwithstanding theprovisions of G.S. 7A‑305(c), any person who commences a proceeding underthis Article or Article 1 of this Chapter shall not be required to pay anycourt costs or fees prior to  a final judicial determination as provided inG.S. 19A‑4, at which time those costs shall be paid pursuant to theprovisions of G.S. 6‑18.

(e)        Any judicial orderauthorizing forcible entry shall be issued by a district court judge. (1979,c. 808, s. 1.)