Warrant for entry on private property to inspect
A health or law enforcement official can ask a court for permission to go onto private property to check on, care for, or take animals that are being neglected or abused. The official has to show the court good reason to believe a law was broken. Once animals are taken, a hearing happens within 30 days to decide what to do with them. Animals are placed with a vet, animal shelter, or animal control. A vet can humanely put down an animal that is too sick or hurt to recover. The owner can get the animals back by paying a bond to cover the cost of care for at least 30 days. If the owner does not pay, or if a vet found the animal too sick or hurt, the owner cannot sue to get money for the animal.
578.018. for entry on private property to inspect — ment of animals, . — 1. Any public health official or law official may seek a warrant from the court to enable him or her to enter private property in to inspect, care for, or impound ed or d animals. All requests for such shall be accompanied by an stating the to believe a violation of sections 578.005 to 578.023 has occurred. A person acting under the of a warrant shall:
(1) Be given a before the court through which the warrant was issued, within thirty days of the of the request for the purpose of granting immediate disposition of the animals ;
(2) Place impounded animals in the care or of a , the appropriate , or an . If no appropriate veterinarian, animal control authority, or animal shelter is available, the animal shall not be impounded unless it is diseased or beyond recovery for any useful purpose;
(3) Humanely kill any animal impounded if it is determined by a that the animal is diseased or disabled beyond recovery for any useful purpose;
(4) Not be for any necessary damage to property while acting under such warrant.
2. The owner or or any person claiming an interest in any animal that has been impounded because of neglect or abuse may prevent disposition of the animal by or in an amount sufficient to provide for the animal's care and keeping for at least thirty days, inclusive of the date on which the animal was taken into custody. the fact that bond may be posted this , the authority having custody of the animal may humanely dispose of the animal at the end of the time for which expenses are covered by the bond or security, unless there is a prohibiting such disposition. Such order shall provide for a bond or other security in the amount necessary to protect the authority having custody of the animal from any cost of the care, keeping or disposal of the animal. The authority taking custody of an animal shall give notice of the of this section by posting a copy of this section at the place where the animal was taken into custody or by delivering it to a person residing on the property.
3. The owner or custodian of any animal pursuant to this section shall not be entitled to recover any related to nor the actual value of the animal if the animal was found by a licensed veterinarian to be diseased or disabled, or if the owner or custodian failed to post bond or security for the care, keeping and disposition of the animal after being notified of impoundment.
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Source & history notes
(L. 1983 S.B. 211 § 7, A.L. 1993 S.B. 180, A.L. 2014 S.B. 491) Effective 1-01-17 (2005) Section authorizing impoundment of abused or neglected animals is not unconstitutionally vague or a violation of equal protection. State ex rel. Zobel v. Burrell, 167 S.W.3d 688 (Mo.banc).
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