Section 03.55.120. Seizure of animals.

   (a) [See delayed amendment note]. =ro A peace officer shall place an animal in protective custody before seizing the animal from the location where it was found. If the animal is seized, the peace officer shall place the animal with a veterinarian licensed under AS 08.98 or, if a veterinarian is not readily available and willing to accept the animal, then with a responsible public or private custodian to be sheltered, cared for, and provided necessary medical attention.
   (b) [See delayed amendment note]. =ro A peace officer who has seized an animal shall immediately notify the animal's owner in writing of the seizure and of the owner's right to petition the court under AS 03.55.130 for return of the animal. Notification may be delivered in person, posted at the owner's residence, or mailed to the owner.
   (c) [See delayed amendment note]. =ro If a seized animal's owner is unknown and cannot be ascertained with reasonable effort,
        (1) the animal shall be considered a stray or abandoned; and
        (2) the notice required in (b) of this section shall be conspicuously posted at the premises from which the animal was seized.
   (d) [See delayed amendment note]. =ro The state, a municipality, or a person that supplies shelter, care, veterinary attention, or medical treatment for an animal seized under this section shall make a reasonable effort to locate the owner.
   (e) [Effective January 17, 2017]. =ro The owner of an animal seized under (a) of this section may not recover damages for injury to or death of the animal occurring while the animal is in the custody of the state, a municipality, or a person under this section, unless the owner shows that the injury or death was caused by gross negligence or reckless or intentional misconduct.

Notes

Recent Bills that will modify this

HB 147 ANIMALS: PROTECTION/RELEASE/CUSTODY

History

(Sec. 1 ch 139 SLA 2004; am Sec. 3, 4 ch 60 SLA 2016)