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36 -01 -12 <br /> Powers of board over contagious and infectious diseases <br /> The board may take such steps as it may deem necessary to control, suppress, and eradicate any and all <br /> contagious and infectious diseases among any of the domestic animals and nontraditional livestock of this <br /> state. For this purpose, the board may quarantine any domestic animal or nontraditional livestock which is <br /> infected, or may be infected, with any such disease or which has been exposed, or may be exposed, to <br /> infection, cause any animal so infected to be killed, regulate or prohibit the arrival in or departure from <br /> this state of any such exposed or infected animal, and at the cost of the owner thereof, it may detain any <br /> domestic animal or nontraditional livestock found to be in violation of any such regulation or prohibition. <br /> The board may also quarantine any city, civil township, or county or areas within a county in this state <br /> and any enclosure, building, or any domestic animal or nontraditional livestock therein which is or may <br /> be infected or exposed or may be exposed to any contagious or infectious disease. <br /> 36 -01 -12.2 <br /> Confiscation of nontraditional livestock held in violation of this chapter <br /> 1. The state veterinarian, or the state veterinarian's designee, a police officer, sheriff, or other law <br /> enforcement officer may seize any nontraditional livestock located on private property from the animal's <br /> owner or custodian if probable cause exists to believe that the animal is being held in violation of this <br /> chapter or rules adopted under this chapter. Unless it is shown that there exists an exigency or occasion as <br /> to require the immediate confiscation, an animal may not be seized until a hearing is held allowing the <br /> owner or custodian to show cause why the animal should not be confiscated. If exigent circumstances <br /> exist, an ex parte order may be issued authorizing seizure of the animal if probable cause appears to the <br /> court that: <br /> a. The animal is in immediate danger of being released into the wild, destroyed, concealed, <br /> removed from the state, or sold or given to an innocent party. <br /> b. The animal is infected with any contagious or infectious disease capable of being spread to <br /> animals or humans. <br /> All animals seized must be held subject to the order of a court of competent jurisdiction. Whenever <br /> probable cause exists for a pre confiscation hearing, the owner or custodian of the animal must be notified <br /> in writing that, on the day fixed for a hearing, which may not be less than three days from the date of <br /> receipt of notice, the owner or custodian may appear or show cause why the animal should not be <br /> confiscated. Notice must be delivered to the owner or custodian by personal service or registered mail to <br /> that person's last -known mailing address. An affidavit of service or the post -office registration receipt <br /> signed by the owner or custodian is prima facie evidence of service of notice. <br /> 2. Upon request by the person confiscating the animal, the board, the state department of health, the game <br /> and fish department, any county sheriffs office, city police department, or other peace officer may <br /> provide assistance in any action to seize, impound, confiscate, or quarantine any animal suspected of <br /> being held or possessed in violation of this title. <br /> 3. A court having jurisdiction of an alleged offense under this title or rules adopted under this chapter may <br /> order the disposition of all animals that have been confiscated. This order may be entered only after a <br /> hearing duly had upon proper notice to the owner or custodian and after a finding by the court that the <br /> animal was being held or possessed in violation of this title at the time it was seized. <br /> 19 <br />