North Dakota Code 36-21.2-05 – Seizure of animal – Court order
1. A law enforcement officer, upon a recommendation from a licensed veterinarian approved by the board of animal health, may petition the court for an order directing the seizure of any animal believed to have been neglected, abused, treated cruelly, or subjected to any act or omission in violation of this chapter. If the animal to be seized is a bovine animal, horse, or mule, the law enforcement officer shall provide a copy of the petition to the chief brand inspector. The chief brand inspector shall conduct an ownership inspection of the animal as provided under section 36-21.2-06.
Terms Used In North Dakota Code 36-21.2-05
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. The court, upon a recommendation from a licensed veterinarian approved by the board of animal health, may act without notice to the animal’s owner or to the person having custody or control of the animal and may rely solely on testimony or an affidavit in considering the petition.
3. In the order for seizure, the court may direct that a veterinarian humanely destroy an animal if the veterinarian, upon examining the animal, determines that the animal is experiencing excruciating pain or suffering and that the animal’s pain or suffering is not likely to be alleviated using reasonable medical interventions.