26.11.070 Order of Sale or Return of Animal(s)

(a) Each interested party is entitled to an opportunity to present evidence at the hearing.

(b) A finding in Tribal Court that the owner of an animal is guilty of an offense under Section 26.14.090, involving the animal as prima facie evidence at a hearing that the animal has been cruelly treated shall be guilty of a Class [4] four offense.

(c) If the court finds that the owner has cruelly treated the animal and that the animal is farm livestock, the owner shall be denied ownership and the court shall order a sale of the animal by public notice, order the animal given to a society for the protection of animals, or order the animal humanely destroyed if the court decides that the best interests of the animal or that the public health and safety would be served by doing so.

(d) The former owner of a cruelly treated animal or the owner's representative will not be accepted.

(e) If the animal is unable to sell, the court may give the Animal to a society for the protection of animals.

(f) The court shall order the animal returned to the owner if the court does not find that the animal has cruelly treated the animal.

(g) Proceeds from the sale of the animal shall be applied first to the expenses incurred in caring for the animal during impoundment and the sale of the animal shall pay any excess proceeds to the court ordering the sale.

(h) An owner of an animal ordered to be sold at public auction as provided in this subchapter may appeal the order.

(i) While an appeal under this section is pending, the animal will not be sold, destroyed, or given away.