(A) Any animal found abandoned, cruelly neglected or mistreated or in such a condition as to constitute a direct threat to its life, safety or health may be impounded if seized pursuant to a search warrant or validly seized without a warrant. When a criminal complaint has been filed in connection with the impounded animal, that court shall have exclusive jurisdiction for the disposition of the animal and to determine any rights therein, including questions relating to the title, possession, control, and disposition of the animal. Within seven days after the animal has been impounded, either the City Attorney or the Saunders County Attorney shall file an application with the court for a hearing to determine disposition and the cost for the care of the animal. Notice of hearing shall be given to the owner or custodian from whom the animal was seized. Such notice shall be served by personal or residential service. If service cannot be made, then service may be made by publication in the county where the animal was seized. The hearing may be held not more than ten business days after the date of application for hearing unless otherwise ordered by the court.
(B) The court may:
(1) Order immediate forfeiture of the animal to either the city or the local animal shelter and authorize the appropriate disposition of the animal;
(2) Order the owner or custodian of the animal to retake possession of the animal subject to management conditions; and/or
(3) Order the owner or custodian of the animal to retake possession following the posting of a bond or other security or to otherwise order reimbursement of all reasonable expenses for the care of the animal including veterinary and shelter care. Payment shall be subject to state statute.
(C) Nothing in this section shall prevent the humane destruction of a seized animal at any time as determined necessary by a licensed veterinarian or as authorized by court order.
(Neb. RS 28-1012 and 28-1012.01) (Ord. 2305, passed 4-11-2019)