Agenda - 09-15-1998 - 8l - Laserfiche WebLink

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[42] Animal Control Law the complaint that the condition giving rise to the cruel treatment requires that the animal be removed from its owner or other possessor, then it is proper for the court (in the preliminary injunction) to allow the complainant to take possession of the animal [G.S. r9A -31. For purposes of this act, "per- son" includes nonprofit corporations. Thus it would appear that the com- plainant could be an animal cruelty society or an animal rights organization, rather than an individual [G.S. i9A -r]. G.S. r9A -4 provides that the district judge, after determining the merits of the case by trial without a jury, is authorized to enter such orders as are deemed appropriate, including a permanent injunction or final determina- tion of the animal's custody. ANIMAL CRUELTY INVESTIGATORS In addition to the injunction remedy described above, there is a simpler and quicker procedure available in counties having animal cruelty investi- gators. Boards of county commissioners are authorized to appoint one or more animal cruelty investigators to serve without compensation or other employee benefits. (In making these appointments, the board may consider nominees of an animal cruelty society.) [G.S. igA-451 Animal cruelty investigators serve one -year terms subject to removal for cause by the county commissioners. While in the performance of their offi- cial duties, the investigators must wear a badge, of a design approved by the board, identifying them as cruelty investigators. These investigators take and subscribe to the oath of office required of public officials and are not required to post bond. While animal cruelty investigators do not receive salary or benefits, they may be reimbursed for necessary and actual ex- penses associated with performing their duties [G.S. igA-451• Whenever any animal is being cruelly treated [as defined in G.S. i9A- I(2)], the cruelty investigator may file a sworrY complaint with a magistrate requesting an order "allowing the investigator to provide suitable care for and take immediate custody of the animal." A magistrate issues the order only when he or she finds probable cause to believe that the animal is being cruelly treated and that it is necessary for the cruelty investigator to take custody immediately. The magistrate's order is valid for only twenty -four hours after its issuance, and the cruelty investigator must return it, with a written inventory of the animals seized, to the clerk of court in the county where the order was issued [G.S. igA- 46(a)]. (See Appendix F for examples of a complaint, a magistrate's order, and a chart showing the procedure fol- lowed in Orange County.) G.S. igA -46(b) provides that an animal cruelty investigator may request a law enforcement officer or an animal control officer to accompany him or 5