Care of confined animal.

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(1) Except as authorized by law, no animal shall be confined without an adequate supply of food and water. If any animal is found to be confined without adequate food or water, it shall be lawful for any officer or agent of the bureau, a peace officer within his jurisdiction, or a licensed veterinarian to, from time to time as may be necessary, enter into any and upon any area or building where such animal is confined and supply it with adequate food and water; except that such entry shall not be made into any building which is a person's residence, unless by search warrant or court order.

  1. Such officer, agent, peace officer, or veterinarian shall not be liable in any action forsuch entry.

  2. Notice of the entry and care shall be given by posting such notification at an entranceto or at a conspicuous place upon such area or building where such animal is confined.

  3. In the case of companion animals, if such animal is not cared for by a person otherthan an agent or officer of the bureau or a peace officer or veterinarian within seventy-two hours of the posting of said notification, such animal shall be presumed to have been abandoned under circumstances in which the animal's life or health is endangered.

Source: L. 90: Entire article R&RE, p. 1607, § 1, effective July 1.

Editor's note: This section is similar to former § 35-42-105 as it existed prior to 1990.


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