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ROBERT L. EHRLICH, JR., Governor Ch. 468
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7. A STATEMENT THAT, UNLESS A COURT FINDS THAT THE
SEIZURE OF THE ANIMAL WAS NOT JUSTIFIED, THE ACTUAL COSTS OF THE CARE,
KEEPING, AND DISPOSAL OF THE ANIMAL ARE THE RESPONSIBILITY OF THE PERSON
FROM WHOM THE ANIMAL WAS SEIZED.
(4) (I) BEFORE A SEIZURE UNDER PARAGRAPH (1) OF THIS
SUBSECTION OCCURS, THE PERSON IN POSSESSION OF THE ANIMAL TO BE SEIZED
MAY REQUEST THAT THE ANIMAL REMAIN IN THE PERSON'S PHYSICAL CUSTODY FOR
30 DAYS AFTER THE DATE THE ANIMAL WAS TO BE SEIZED.
(II) DURING THE 30 DAYS PROVIDED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, THE PERSON SHALL TAKE ALL NECESSARY ACTIONS TO COMPLY WITH
THIS SECTION.
(III) AT ANY REASONABLE TIME DURING THE 30-DAY PERIOD, THE
LOCAL ANIMAL CONTROL AUTHORITY MAY INSPECT THE PREMISES WHERE THE
ANIMAL IS BEING KEPT.
(5) (I) IF A PERSON WHO RETAINS POSSESSION OF AN ANIMAL UNDER
PARAGRAPH (4) OF THIS SUBSECTION IS NOT IN COMPLIANCE WITH THIS SECTION
AFTER THE 30-DAY PERIOD HAS EXPIRED, THE LOCAL ANIMAL CONTROL AUTHORITY
SHALL SEIZE THE ANIMAL AND PLACE IT IN A HOLDING FACILITY THAT IS
APPROPRIATE FOR THE SPECIES.
(II) THE AUTHORITY SEIZING AN ANIMAL UNDER THIS PARAGRAPH
SHALL PROVIDE NOTICE OF THE SEIZURE IN THE SAME MANNER AS PROVIDED IN
PARAGRAPH (3) OF THIS SUBSECTION.
(6) (I) A PERSON FROM WHOM AN ANIMAL WAS SEIZED MAY REQUEST
A HEARING IN THE DISTRICT COURT WITHIN 10 DAYS OF THE SEIZURE.
(II) A HEARING SHALL BE HELD AS SOON AS PRACTICABLE TO
DETERMINE THE VALIDITY OF THE SEIZURE AND THE DISPOSITION OF THE ANIMAL.
(7) (I) UNLESS THE COURT FINDS THAT THE SEIZURE OF THE ANIMAL
WAS NOT JUSTIFIED BY LAW, A PERSON FROM WHOM THE ANIMAL SPECIFIED IN
SUBSECTION (B) OF THIS SECTION IS SEIZED IS LIABLE FOR ALL ACTUAL COSTS OF
CARE, KEEPING, AND DISPOSAL OF THE ANIMAL.
(II) THE COSTS REQUIRED UNDER THIS PARAGRAPH SHALL BE
PAID IN FULL UNLESS A MUTUALLY SATISFACTORY AGREEMENT IS MADE BETWEEN
THE LOCAL ANIMAL CONTROL AUTHORITY AND THE PERSON CLAIMING AN
INTEREST IN THE ANIMAL.
(8) (I) IF THERE IS NO REQUEST FOR A HEARING WITHIN 10 DAYS OF
THE NOTICE OR IF THE COURT ORDERS A PERMANENT AND FINAL DISPOSITION OF
THE ANIMAL, THE LOCAL ANIMAL CONTROL AUTHORITY MAY TAKE STEPS TO FIND
LONG-TERM PLACEMENT OF THE ANIMAL WITH ANOTHER APPROPRIATE FACILITY
THAT IS EQUIPPED FOR THE CONTINUED CARE OF THE PARTICULAR SPECIES OF THE
ANIMAL.
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- 2393 -
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