(1) Each peace officer shall:

(a) hold all property in safe custody:

(i) until it is received into evidence; or

(ii) if it is not used as evidence, until it can be disposed of as provided in this chapter; and

(b) maintain a proper record of the property that identifies:

(i) the owner of the property, if known; and

(ii) the case for which it was taken or received and is being held.

(2)(a) Each municipal or county animal control officer shall hold any unidentified or unclaimed stray dog or stray cat in safe and humane custody for a minimum of three working days after the time of impound prior to making any final disposition of the animal, including:

(i) placement in an adoptive home or other transfer of the animal, which shall be in compliance with Title 10, Chapter 17, Municipal Animal Shelter Pet Sterilization Act, or Title 17, Chapter 42, County Animal Shelter Pet Sterilization Act; or

(ii) euthanasia.

(b) An unidentified or unclaimed stray dog or stray cat may be euthanized prior to the completion of the three working day minimum holding period to prevent unnecessary suffering due to serious injury or disease, if the euthanasia is in compliance with written established agency or department policies and procedures, and with any local ordinances allowing the destruction.

(c) An unidentified or unclaimed stray dog or stray cat shall be returned to its owner upon:

(i) proof of ownership;

(ii) compliance with requirements of local animal control ordinances; and

(iii) compliance with Title 10, Chapter 17, Municipal Animal Shelter Pet Sterilization Act, or Title 17, Chapter 42, County Animal Shelter Pet Sterilization Act.

Laws 1992, c. 10, § 2; Laws 1995, c. 104, § 2, eff. May 1, 1995; Laws 1998, c. 156, § 15, eff. May 4, 1998; Laws 2005, c. 126, § 2, eff. May 2, 2005.