Section 03.55.130. Destruction and adoption of animals.

   (a) [See delayed amendment note]. =ro If a determination is made by a veterinarian licensed under AS 08.98, by a peace officer in consultation with a veterinarian licensed under AS 08.98, or by a peace officer who is unable to locate or communicate with a veterinarian licensed under AS 08.98 that an animal seized under AS 03.55.100 - 03.55.190 is injured or diseased to such an extent that, in the opinion of the veterinarian, it is probable the animal cannot recover, the veterinarian or the peace officer may humanely destroy the animal or arrange for the animal's humane destruction.
   (b) [See delayed amendment note]. =ro Upon diagnosis and recommendation of a veterinarian licensed under AS 08.98, a public or private custodian may humanely destroy or arrange for the humane destruction of a severely injured, diseased, or suffering animal that has been seized under AS 03.55.100 - 03.55.190.
   (c) An owner of an animal destroyed under this section may not recover damages for the destruction of the animal unless the owner shows that the destruction was not reasonable under the facts as known to the veterinarian or the peace officer authorizing the destruction.
   (d) [See delayed amendment note]. =ro Except as provided in (a) or (b) of this section, the custodian of an animal may not adopt, provide for the adoption of, or euthanize the animal within 10 business days after the animal is taken into custody. An owner or custodian may prevent the animal's adoption or destruction by petitioning the court of the judicial district in which the animal was seized for the animal's return, subject to court-imposed conditions.
   (e) [See delayed amendment note]. =ro The court may, on its own accord or upon a filing by the custodian, the owner of the animal, or the entity that seized the animal, enter an order for the cost of care of the animal pending final disposition of the custody of the animal. An order under this section may include a requirement that the owner of the animal post a bond or other security to guarantee that the cost of care of the animal is received and maintained. If, without justifiable cause, the owner of the animal fails to comply with an order under this section, the court may order that the animal be forfeited.
   (f) [See delayed amendment note]. =ro The state may not be required to reimburse a public or private agency, organization, or person that voluntarily assists with the seizure of an animal or receives custody of an animal seized under this section for the cost of care of the animal.
   (g) [Effective January 17, 2017]. =ro Nothing in (d) or (e) of this section shall shift the burden of proof from the party who would otherwise have that burden.

Authorities

3.55.120

Notes

Recent Bills that will modify this

HB 147 ANIMALS: PROTECTION/RELEASE/CUSTODY

References

AS 3.55.120 .120">Sec. 03.55.120. Seizure of animals.

History

(Sec. 1 ch 139 SLA 2004; am Sec. 5 - 10 ch 60 SLA 2016)