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§ 30.6. Payment of reasonable costs of care

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 P.S. Crimes and OffensesEffective: September 9, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 P.S. Crimes and Offenses
Chapter 5. Costs of Care of Seized Animals Act (Refs & Annos)
Effective: September 9, 2013
18 P.S. § 30.6
§ 30.6. Payment of reasonable costs of care
(a) General rule.--Not later than seven days after service of the costs order, the defendant shall make payments to the petitioner in accordance with the costs order. The defendant shall make payments thereafter under the costs order until termination under section 7.1
(b) Nonpayment.--If a defendant subject to a costs order fails to timely pay any of the amounts ordered, the following shall apply:
(1) A seized animal for which reasonable costs of care were ordered shall be automatically forfeited, by operation of law, to the petitioner.
(2) The petitioner shall obtain all rights and privileges in and over the animals.
(3) If any owner was required to be served under section 4(b)2 and the defendant was ordered to pay costs under section 5(e),3 the petitioner shall provide the owner with notice of the nonpayment by certified mail at the owner's last known address. The notice shall inform the owner that the forfeiture described in this section shall occur without further notice if the payment default is not remedied in full within ten days of the mailing of the notice. If the owner pays the amount past due, the obligation to pay costs under section 5(e) shall be considered a joint obligation of the defendant and the owner, and no further notice of any other default shall be required prior to forfeiture.
(c) Adjustment.--The court, upon motion by a petitioner or respondent and after a hearing consistent with section 5, may adjust the amount of reasonable costs of care.
(d) Payment.--Payment of reasonable costs of care under subsection (a) shall not prevent the petitioner from doing any of the following:
(1) Providing necessary medical care, including euthanizing any seized animal. The petitioner may euthanize a seized animal if the petitioner obtains a written opinion from a licensed veterinarian who states it is necessary to alleviate the animal's suffering.
(2) Transferring to another facility or caretaker a seized animal if any of the following apply:
(i) The court orders the transfer.
(ii) The owner of the animal surrenders all rights to the animal.
(3) Filing with the court that entered the costs order a request seeking permission to return a seized animal to an owner who is not charged under 18 Pa.C.S. § 5511 (relating to cruelty to animals).
(e) Reproductive health.--A petitioner may not spay, neuter or otherwise affect the reproductive health of the seized animal under any circumstances unless the owner surrenders all rights of ownership of the animal in writing, forfeits the animal pursuant to subsection (b), consents to the surgery in writing or if the petitioner obtains a written opinion from a licensed veterinarian who states that the procedure is medically necessary for the health of the animal.
(f) Unnecessary medical care.--Under no circumstances may a petitioner be reimbursed for costs of care for which the defendant or owner provides medical records, signed by a licensed veterinarian, that show that such costs are unnecessary.

Credits

2013, July 9, P.L. 263, No. 50, § 6, effective in 60 days [Sept. 9, 2013].

Footnotes

18 P.S. § 30.7.
18 P.S. § 30.4.
18 P.S. § 30.5.
18 P.S. § 30.6, PA ST 18 P.S. § 30.6
Current through 2022 Regular Session Act 97. Some statute sections may be more current, see credits for details.
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