(a) Any employee of the Department of Agriculture appropriately designated by the Commissioner of Agriculture, any peace officer, animal warden or agent of a Humane Society or Animal Shelter designated by the Commissioner of Agriculture pursuant to title 19, section 2604 of the Virgin Islands Code, who becomes aware of any animal that the officer, warden or agent determines, in his sole discretion, to be an apparent victim of animal abuse or neglect as defined under this chapter, shall take possession of the animal and shall deliver the animal to a Humane Society, Animal Shelter, Animal Impound or licensed veterinarian to be sheltered, cared for and given medical attention, if necessary. If the animal is taken to a licensed veterinarian, the officer, warden or agent shall notify the appropriate Animal Shelter or Humane Society of that fact. Any employee of the Department of Agriculture appropriately designated by the Commissioner of Agriculture, peace officer, animal warden or agent of a Humane Society or Animal Shelter designated by the Commissioner of Agriculture pursuant to title 19, section 2604 of the Virgin Islands Code, acting pursuant to this section may take any action that such officer, warden or agent considers, in his sole discretion, reasonably necessary to seize such animal so endangered and to remove the threat of further harm to the animal, and no such officer, warden, veterinarian or agent, or his employers, or the Government of the Virgin Islands shall be liable for any harm or damages of whatever nature caused by such action or for any other action taken pursuant to this chapter.
(b) The veterinarian, animal warden or agent of a Humane Society, Animal Shelter, or animal impound receiving an animal from the Department of Agriculture pursuant to this section may humanely euthanize the animal, if such veterinarian, warden or agent, in his sole discretion, determines that the animal is injured or diseased past recovery, or that the animal's continued existence is inhumane and that euthananizing the animal is necessary to relieve pain or suffering.
(c) It is the duty of any veterinarian licensed in the Virgin Islands to report to the Police Department, Department of Justice, Department of Agriculture, any peace officer or other appropriate enforcement agency, any animal found, reasonably known or believed to be abandoned, neglected or abused as defined in this chapter, and such veterinarian is not subject to any civil or criminal liability for such reporting or for participating in an investigation of animal abuse or neglect, if done in good faith.
(d) If an animal seized under subsection (a) of this section is not euthanized pursuant to subsection (b), the Animal Shelter, Humane Society or animal impound in possession of the animal, or notified of a veterinarian's possession of the animal, shall make reasonable efforts to notify the owner or custodian of the animal of such seizure pursuant to the terms of paragraphs (1) and (2) of this subsection.
(1) If the identity and the mailing address of the custodian or owner are known, written notice of seizure shall be given and shall be deposited in the postal service, postage pre-paid and certified.
(2) The notice shall include all of the following:
(A) The name, business address, and telephone number of the officer providing the notice and the date of the notice.
(B) A description of the animal seized, including any identification upon the animal.
(C) The authority and purpose for the seizure, or impoundment, including the time, place, and circumstances under which the animal was seized.
(D) A statement that, in order to receive a post-seizure hearing, the owner or person authorized to keep the animal, or his agent, shall request the hearing pursuant to the procedures set forth in subsection (e) of this section.
(E) A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.
(F) Notice is deemed accomplished three days after the mailing of the notice, and in no event may proof of receipt of such notice be required.
(G) If the identity of the custodian or owner is known, but the custodian or owner's mailing address is unknown, notice of seizure shall be given either by delivery of written notice to the custodian or owner, in which case, notice shall be deemed accomplished upon delivery or by the procedures set forth in subparagraph (H) of this paragraph.
(H) If the identity of the custodian or owner is unknown, notice of seizure shall be given either by posting for written notice thereof at the physical location of such seizure or by publishing written notice thereof in a newspaper of general circulation on the island of seizure, and notice shall be deemed accomplished three days after such posting or publication.
(e) The owner or custodian of the seized animal must deliver to the Animal Shelter, Humane Society or animal impound written notice of the owner's or custodian's desire to contest the seizure of the animal and to regain custody of the animal within three days after delivery of such notice. To be considered effective, the notice of the owner or custodian of the seized animal must set forth the owner's or custodian's physical address and mailing address. If the owner or custodian of the animal fails to deliver such notice within the specified period, then the owner or custodian shall be deemed to have relinquished all legal and custodial rights to such animal and to have delivered such animal to the ownership and custody of the Department of Agriculture.
(f) If the owner or custodian of the animal delivers the notice set forth in subsection (e) within the stated period, the Commissioner of Agriculture, within five days after receipt of such notice shall hold an administrative hearing to make a determination as to whether the animal should have been removed. After a determination that the animal should have been removed, the Commissioner shall file a complaint in the Superior Court setting forth the facts and circumstances relating to the seizure of the animal and such facts as he has been able to determine relating to the animal's care, custody, and condition and requesting that legal and custodial rights to such animal be transferred to the Animal Shelter or Humane Society. A copy of such a complaint shall be served on the owner or custodian of the animal.
(g) If the owner or custodian of the animal wishes to dispute the allegations of the complaint or the requested relief, he shall file an answer to the complaint within 10 days after service, setting forth his response to the allegations of the complaint. If no such answer is filed within the ten-day time limit, the legal and custodial rights to the animal shall be deemed transferred to the Animal Shelter or Humane Society, and the court shall, on application of the Department of Agriculture and the consent of the Animal Shelter or Humane Society, enter an order to that effect. If an answer is filed, the court shall hold a hearing on the merits of the matter within 30 days thereafter. Neither party shall have the right to trial by jury at such a hearing.
(h) At the adjudicatory hearing, the Department of Agriculture shall bear the burden of proving by preponderance of evidence that the seized animal was neglected or abused as defined in this chapter, and that the owner or custodian was either responsible for or had or should have had knowledge of the abuse or neglect. If the court so finds, the court shall enter an order transferring legal and custodial rights to the animal to the Department of Agriculture and shall enter judgment against the owner or custodian for an amount pursuant to subsection (i) of this section.
(i) The owner or custodian of such animal shall be liable to the Department of Agriculture, Humane Society, Animal Shelter, or licensed veterinarian for the payment of such care keeping and medical attention provided to the animal from the date of its delivery to the date of its release.