Title 4, Chapter 11, Section 9.3
( 4-11-9.3)
(a) It shall be the duty of any person impounding an animal under Code Section 4-11-9.2 to make reasonable and proper arrangements to provide the impounded animal with humane care and adequate and necessary veterinary services. Such arrangements may include, but shall not be limited to, providing shelter and care for the animal at any state, federal, county, municipal, or governmental facility or shelter; contracting with a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services for a reasonable fee; or allowing a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services as a volunteer and at no cost. (b) Any person impounding an animal under this article or providing
care for an impounded animal shall have a lien on such animal for
the reasonable costs of caring for such animal. Such lien may be
foreclosed in any court that is competent to hear civil cases,
including, but not limited to, magistrate courts. Liens shall be
foreclosed in magistrate courts only when the amount of the lien
does not exceed the jurisdictional limits established by law for
such courts. (c) Any person impounding an animal under this article is authorized
to return the animal to its owner, upon payment by the owner of all
costs of impoundment and care and upon the entry of a consent order,
unless such owner was, in a prior administrative or legal action in
this state or any other state, found to have failed to provide
humane care to an animal, committed cruelty to animals, or engaged
in dog fighting in violation of the laws of this state or of the
United States or any of the several states. Such consent order
shall provide conditions relating to the care and treatment of such
animal, including, but not limited to, the following, that: (1) Such animal will be given humane care and adequate and
necessary veterinary services; (2) Such animal will not be subjected to cruelty; and (3) The owner will comply with this article. (d) The provisions of subsection (c) of this Code section shall not
apply to an animal that was an object or instrumentality of a crime
nor shall any such animal be returned to the owner without the
approval of the prosecuting attorney. An agency having custody of
an animal that was seized as an object or instrumentality of a crime
may, with the consent of the prosecuting attorney, apply to the
court having jurisdiction over the offense for an order authorizing
such agency to dispose of the animal prior to trial of the criminal
case as provided by law. |