35.14.110 Abandoned animal

(a) A law enforcement officer may take custody of an animal if the officer has reasonable cause to believe that the animal has been abandoned in violation of this chapter.

(b)(1) Upon taking custody of an animal in accordance with this section, the law enforcement officer shall:

(A) Provide care for the animal, either directly or through a contractual arrangement with another person; and

(B)(i) Notify the owner, if known to the officer; or

(ii) If the owner is not known to the officer, provide notice of the animal's custody, indicate that if the owner does not lay claim to the animal within five days, the animal will be sold, placed for adoption, or humanely destroyed, at the direction of the law enforcement officer, and include the officer's contact information.

(2) For purposes of this subdivision, notice may be provided by:

(A) Publication in the official newspaper of TMBCI;

(B) Any electronic means; or

(C) Posting a description and a photograph at the local law enforcement center.

(c) If the owner is identified within the five-day period, the law enforcement officer shall return the animal to the owner only if:

(1) The owner demonstrates that the animal was not abandoned in violation of this chapter; and

(2) The owner pays for all costs associated with the animal's care while in custody, including any costs of notifications under this section.

(d) If the law enforcement officer refuses to return the animal to its owner, the owner may petition the TMBCI Tribal Court for an order directing its return. In ruling on a petition under this subsection, TMBCI Tribal Court may direct that the animal be sold, placed for adoption, humanely destroyed, or returned to its owner with or without conditions.

(e) If the owner does not lay claim to the animal within five days, the law enforcement officer shall sell the animal, place it for adoption, or humanely destroy it.

(f) Any proceeds from the sale or adoption of an animal under this section must be deposited in the TMBCI general fund.

(g) Notwithstanding the requirements of this section, if upon examining an animal taken into custody by a law enforcement officer in accordance with this section a licensed veterinarian determines that the animal's condition justifies its destruction, the veterinarian shall humanely destroy the animal. The law enforcement agency shall reimburse the veterinarian for the cost of the animal's destruction.

(h) For purposes of this section, "care" means food, water, and shelter from the elements, as appropriate for the species, the breed, and the animal's age and physical condition, and necessary medical attention.