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4. When any nontraditional livestock is found to be held or possessed contrary to this chapter, the court <br /> may: <br /> a. Order the animal to be forfeited by its owner or custodian and that the animal be destroyed or <br /> disposed of otherwise. The court may order disposition to a zoo licensed by the animal care <br /> program of the animal and plant health inspection service of the United States department of <br /> agriculture if the zoo requests possession upon confiscation of the animal; or <br /> b. Order the return of custody to the owner or custodian upon compliance with all applicable state <br /> and local regulations governing ownership and possession of nontraditional livestock, including <br /> payment of any license fees. <br /> The court may award reasonable costs of seizure, care, and keeping pending disposition, and attorney's <br /> fees to the agency bringing an action to confiscate any nontraditional livestock under this title. <br /> 5. Subject to section 32- 12.2 -02, the owner of an animal may bring a claim for money damages, and may <br /> recover the amount of actual damages incurred during the time of seizure, if the owner establishes that <br /> before the animal was seized under this chapter, the agency knew or recklessly failed to determine that the <br /> animal, at the time of seizure, was lawfully owned and licensed in this state or that the animal was a <br /> domestic animal not subject to seizure under this chapter. <br /> 36 -01 -28 <br /> Enforcement orders Administrative hearing Penalty <br /> 1. Except when otherwise ordered by a court of competent jurisdiction, the board may order any domestic <br /> animal or nontraditional livestock brought into this state which is not in compliance with the provisions of <br /> this chapter to be returned to the state of origin, or in the alternative, the board may order the animal <br /> slaughtered or destroyed. The board may grant an exception for any nontraditional livestock if a zoo <br /> licensed by the animal care program of the animal and plant health inspection service of the United States <br /> department of agriculture takes possession upon confiscation of the animal. <br /> 2. If, after a hearing, the board finds that a person has brought, kept, or received any domestic animal or <br /> nontraditional livestock in this state and the animal or livestock is not in compliance with the provisions <br /> of this chapter or rules adopted under this chapter, a civil penalty not to exceed five thousand dollars per <br /> violation may be assessed against that person. <br /> N.D. Department of Health, Communicable Confinement Disease Procedure, NDCC 23 -07.6. <br /> 20 <br />