Tenn. Comp. R. & Regs. 0400-02-06-.07

Current through September 10, 2024
Section 0400-02-06-.07 - IMPOUNDMENT OF ANIMALS
(1) Animals trespassing in park areas may be impounded by the Superintendent and, if not claimed by the owner within the periods specified in this section, shall be disposed of in accordance with State statutes insofar as they may be applicable. In the absence of such State statutes, the animals shall be disposed of in accordance with this section.
(2) If the owner is known, prompt written notice of the impounding will be served upon him, and in the event of his failure to remove the impounded animal within five (5) days from delivery of such notice, it will be disposed of in accordance with prescribed procedures.
(3) If the owner is unknown, no disposal of the animal shall be made until at least fifteen (15) days have elapsed from the date that a notice of the impounding is first published in a newspaper of general circulation in the county of which the trespass occurs and is posted at the county courthouse.
(4) The owner may redeem the animal by submitting proof of ownership and paying all expenses of the State for capturing, advertising, pasturing, feeding, impounding, and the amount of damage to any public property injured or destroyed by or through such trespass.
(5) In determining the claim of the State in any animal trespass, the value of forage consumed shall be computed at the daily, weekly, monthly, or yearly commercial rates prevailing in the locality for the class animal found in trespass. The claim shall include the pro rata salary of employees for the time spent and the expenses incurred in and about the investigation, reports, and settlement or prosecution of the claim.
(6) If an animal impounded under this section is offered at public sale and no bid is received or if the highest bid received is in an amount less than the amount of the claim of the State or of the officer's appraised value of the animal, whichever is the lesser amount, such animal may be sold at private sale for the highest amount obtainable, or be condemned and destroyed or converted to the use of the State if of value for that purpose.

Tenn. Comp. R. & Regs. 0400-02-06-.07

Original rule certified May 24, 1974.

Authority: T.C.A. § 11-108.