We demand the Seizure Bond be repealed and a Contested Seizure Clause be added to every states Animal Cruelty statute!
Anti Seizure Clause
Any animal control officer, humane agent or any officer answering a complaint of abuse , neglect or violation of county/municipal ordinance or state statute is not allowed to remove any animals from any property if an owner claims said animal belongs to them and contest the impoundment. If a person is claiming ownership of a pet that is being investigated and the owner contests seizure, the seizing party (ACO/humane agent/officer,etc) is allowed to photograph said animal but must provide a digital copy to the owner before leaving the residence, in addition must also provide said owner with a notice of violation, that clearly states what violation has occurred, notice to have animal seen by a veterinarian within 48 hours, notice to appear in court in front of a judge within 5-7 days after receiving notice and owner must sign whether they are contesting the seizure. The owner has the option to request a change of venue for the initial hearing.
If the seizing party desires, he/she may have their tending veterinarian to examine the pet in question at the time the pet is being examined by owners veterinarian. Only after the owners veterinarian examines the pet the seizing party's veterinarian may examine the pet but cannot be in the same room as the owners veterinarian and cannot converse with them. All examinations are to be paid by both parties. The seizing party must pay the cost of the veterinary examination and the veterinarian may no charge any more than their normal emergency fee.
If the owners win the initial hearing the COUNTY of the seizing party must reimburse the owner all expenses occurred to prove their innocence including veterinary fees minus the cost of Rabies vaccination if needed. Fees not to be reimbursed are elective services such as spays, neuters, dentals, non required vaccinations, but must reimburse any testing to provide proof that no neglect/abuse occured (ie fecal, HWT, snap test, X ray, boodwork).
If the owner loses the initial hearing, the owner has the option to surrender the pet or continue contesting the seizure by bringing forth a civil suit against the seizing party.
If the criminal court judge orders the animal to be turned over to animal control or the humane agent the owner is allowed to find foster placement for the pet first with a rescue, boarding facility, family or friend before being turned over to any, animal control facility or humane agent, the last resort will always be the seizing party and or their choice of placement. Regardless where the pet is housed the owner has the right to visit the pet each day, take pictures and video and document the well being of the pet. Any pet being held at any animal control facility or elsewhere that becomes ill must immediately be transported to the owners veterinarian. The owner shall opt to treat the pet or euthanize pet.
If the seizing party gains custody of said pet, animal control/humane agent can only request reimbursement for cost of care through a civil suit against owner after animals have been adopted or euthanized. Animal control is to use adoption fee toward cost of care and can only request reimbursement of feed, water and medication and any treatment owner has stated pet needed before confiscation.
In the event that an animal gets ill while awaiting outcome of accusations, at no point will anyone make any decision to euthanize a pet except the owner. No veterinarian, no animal control officer, no humane agent, no officer, no rescue and no judge. This is solely the decision of the pet owner.
*********IN THE EVENT AN OWNER IS NOT HOME UPON VISIT OF ANIMAL CONTROL OFFICER OR ANY HUMANE AGENT/OFFICER*******
In the event an owner is not home the ACO/humane agent/officer cannot remove any pet from any property before taking photos of the the pet, pets environment, providing copy to owner, filling out Notice of Violation stating what the violation is and reason for removal. ACO/humane agent/officer must transport the pet to a veterinarian other than AC'S veterinarian . If the pet is wearing any ID tag that states an animal hospital the animal must be taken to that hospital. ACO is to document pets location of where the pet was taken to, Notice of Violation and state owner is to contact ACO within 48 hour in regards to the citation. The owner at that point can contest the seizure of the pet. The pet may not be placed in ACO's/humane agents custody until after a court hearing.
If the seizing party desires, he/she may have their tending veterinarian to examine the pet in question at the time the pet is being examined by owners veterinarian. Only after the owners veterinarian examines the pet the seizing party's veterinarian may examine the pet but cannot be in the same room as the owners veterinarian and cannot converse with them. All examinations are to be paid by both parties. The seizing party must pay the cost of the veterinary examination and the veterinarian may no charge any more than their normal emergency fee.
If the owners win the initial hearing the COUNTY of the seizing party must reimburse the owner all expenses occurred to prove their innocence including veterinary fees minus the cost of Rabies vaccination if needed. Fees not to be reimbursed are elective services such as spays, neuters, dentals, non required vaccinations, but must reimburse any testing to provide proof that no neglect/abuse occured (ie fecal, HWT, snap test, X ray, boodwork).
If the owner loses the initial hearing, the owner has the option to surrender the pet or continue contesting the seizure by bringing forth a civil suit against the seizing party.
If the criminal court judge orders the animal to be turned over to animal control or the humane agent the owner is allowed to find foster placement for the pet first with a rescue, boarding facility, family or friend before being turned over to any, animal control facility or humane agent, the last resort will always be the seizing party and or their choice of placement. Regardless where the pet is housed the owner has the right to visit the pet each day, take pictures and video and document the well being of the pet. Any pet being held at any animal control facility or elsewhere that becomes ill must immediately be transported to the owners veterinarian. The owner shall opt to treat the pet or euthanize pet.
If the seizing party gains custody of said pet, animal control/humane agent can only request reimbursement for cost of care through a civil suit against owner after animals have been adopted or euthanized. Animal control is to use adoption fee toward cost of care and can only request reimbursement of feed, water and medication and any treatment owner has stated pet needed before confiscation.
In the event that an animal gets ill while awaiting outcome of accusations, at no point will anyone make any decision to euthanize a pet except the owner. No veterinarian, no animal control officer, no humane agent, no officer, no rescue and no judge. This is solely the decision of the pet owner.
*********IN THE EVENT AN OWNER IS NOT HOME UPON VISIT OF ANIMAL CONTROL OFFICER OR ANY HUMANE AGENT/OFFICER*******
In the event an owner is not home the ACO/humane agent/officer cannot remove any pet from any property before taking photos of the the pet, pets environment, providing copy to owner, filling out Notice of Violation stating what the violation is and reason for removal. ACO/humane agent/officer must transport the pet to a veterinarian other than AC'S veterinarian . If the pet is wearing any ID tag that states an animal hospital the animal must be taken to that hospital. ACO is to document pets location of where the pet was taken to, Notice of Violation and state owner is to contact ACO within 48 hour in regards to the citation. The owner at that point can contest the seizure of the pet. The pet may not be placed in ACO's/humane agents custody until after a court hearing.