As Amended
SEC. 73-39-37. Disposition of abandoned animals.
(1) Any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care shall be considered to be abandoned by its owner, or by the person who placed such animal in the custody of the veterinarian, after the period of time during which such treatment, boarding or other care would have been rendered, and following ten (10) days' written notice by registered mail being given by the licensed veterinarian to the owner or to such person who placed such animal in the custody of the veterinarian at the last-known address of such owner or person informing him: (i) that the animal is ready for discharge, (ii) of the amount owed for the care, treatment and maintenance of such animal, and (iii) of the veterinarian's intention to dispose of said animal under the provisions of this chapter and upon said owner or person not paying said amount and taking the custody of said animal from the veterinarian within said period of ten (10) days. When an animal has been so abandoned, the licensed veterinarian may sell said animal at public or private sale without any further notice to said owner or person placing said animal in his custody, except that the proceeds of such sale shall not exceed the indebtedness owed such veterinarian, and proceeds of such sale shall be credited first against the cost of such sale and thereafter against any indebtedness owed the veterinarian for the care and treatment of such animal in the custody of such veterinarian. Additionally, in case of such abandonment, if such a sale is not feasible, said veterinarian may elect not to sell said animal and may turn it over to the nearest humane society, dog pound or other facility for the care and disposal of animals, or may otherwise dispose of the animal. Nothing contained herein shall be construed as relieving the owner of such animal or person engaging the services of said veterinarian from any liability which the owner or such person may have incurred as a result of the furnishing of such treatment, boarding or other care by the veterinarian for the entire period the animal has been in the custody of said veterinarian.
(2) The veterinarian or custodian of a humane society or dog pound or other facility for the care and disposal of animals to which said animal may have been delivered by the veterinarian shall not be liable for disposal of said animal. Such procedure by the veterinarian shall not constitute grounds for disciplinary proceedings under this chapter.
SOURCES: Laws, 1977, ch. 336, Sec. 4; reenacted, 1980, ch. 545, Sec. 23; 1988, ch. 340, Sec. 23, eff from and after July 1, 1988.