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

Browse Search

Protection of Animals 6 her and assist in seizing the animal: A cruelty investigator may forcibly en- ter premises or a vehicle when necessary to execute the order, but only if he or she reasonably believes that the premises or vehicle is unoccupied by a person and that the animal is on the premises or in the vehicle. Forcible en- try may be used only when the cruelty investigator is accompanied by a law enforcement officer, and even then only during daylight hours. While the assistance of a law enforcement officer is required only in the case of forc- ible entry, animal cruelty investigators would be well advised to have the assistance of an officer whenever any type of confrontation with the animal owner is anticipated. Once he or she has taken custody of a cruelly treated animal, the investi- gator must file a complaint in district court pursuant to G.S. r9A -3 as soon as possible. When an animal is seized, the owner must be furnished a copy of the magistrate's order and such other information as required by G.S. i 9A- 46(c). Any seized animal must be taken directly to a safe and secure place where suitable care will be provided for it. Necessary expeaws for caring for seized animals, including necessary veterinary care, are a charge against the animal's owner and a lien on the animal, which can be enforced pursuant to G.S. 44A -4 [G.S. i9A -471. Educational requirements for animal cruelty investigators are specified in G.S. r9A -49. Interference with an animal cruelty investigator in the perfor- mance of his or her duties is a Class r misdemeanor (see Appendix E) [G.S. r9A -481. The procedure used by cruelty investigators in Orange County is outlined in Appendix F. Statutes I }( 1qA -1. Definitions. ii The following definitions apply in this Article: (r) The terms "animals" and "dumb animals" include every useful living crea- ture. (z) The terms "cruelty" and "cruel treatment" include every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted; but these terms shall not be construed to include lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Com- mission, lawful activities sponsored by agencies conducting biomedical re- search or training, lawful activities for sport, the production of livestock or poultry, or the lawful destruction of any animal for the purpose of protect- ing such livestock or poultry. (3) The term "person" includes any persons, firm or corporation, including any nonprofit corporation, such as a society for the prevention of cruelty to animals. (1969, c. 831; 1979, C. 808, S. z; 1995, C. 509, S. 19.)