§ 6-37A. Seizure of animals, excluding livestock.

(a)

A peace officer or animal care services officer who reasonably believes that the life or health of an animal is endangered due to violation of any provision in this chapter may apply to the district court, magistrate court, or the metropolitan court for a warrant to seize the animal(s) .

(b)

If the court finds probable cause that the animal's life or health is endangered as a result of the violation of any provision of this chapter, the court shall issue a warrant for the seizure of the animal . The court shall also schedule a hearing on the matter as expeditiously as possible within 30 days unless the county demonstrates good cause for a later time.

(c)

Written notice regarding the time and location of the hearing shall be provided to the owner of the seized animal . The court may order publication of a notice of the hearing in a newspaper closest to the location of the seizure.

(d)

If the owner of the animal cannot be determined, a written notice regarding the circumstances of the seizure shall be conspicuously posted where the animal is seized at the time the seizure occurs.

(Ord. of 2-26-13)

State law reference

Seizure of Animals, NMSA 1978, § 30-18-1.1 (1999).