Tennessee § 39-14-207 - Feeding of impounded animals — Care provided by humane society — Recovery of expenses.

§ 39-14-207. Feeding of impounded animals — Care provided by humane society — Recovery of expenses.

In case any impounded animal is without necessary food and water for more than twelve (12) successive hours, it is lawful for any person, as often as necessary, to enter any place in which any animal is so confined, and to supply it with necessary food and water so long as it remains so confined. That person shall not be liable to any action for entry, and the reasonable cost of the food and water may be collected from the owner or keeper of the animal. The animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor. In case any animal is injured, diseased, suffering from the elements, or malnourished, and is found at large by any agent of any humane society chartered by the state, the agent may cause adequate veterinary treatment or shelter or nourishment to be furnished to the animal. The society shall have a right of action against the owner of the animal for all necessary and reasonable expenses so incurred. Within forty-eight (48) hours after taking custody of the animal, the society shall make reasonable efforts to notify the owner of the animal's whereabouts and condition. Nothing in this subsection (b) shall affect the right of action of the veterinarian or furnisher of goods or services against the person or persons with whom the veterinarian or furnisher of goods or services contracted for payment of charges. Any such right of action by a humane society may be voided by an owner who elects to forfeit the animal to the society rather than pay for the goods or services rendered. Acts 1989, ch. 591, § 1. Law Reviews. Crush Videos and the Case for Criminalizing Criminal Depictions (Joseph J. Anclien), 40 U. Mem. L. Rev. 1 (2009). No Walk in the Dog Park: Drafting Animal Cruelty Statutes to Resolve Double Jeopardy Concerns and Eliminate Unfettered Prosecutorial Discretion (Laurie Serafino), 78 Tenn. L. Rev. 1119 (2011). Attorney General Opinions. T.C.A. § 39-14-207(b) does not curtail the lien granted to a humane society pursuant to T.C.A. § 39-14-210(e) ; instead, it supplements or provides an alternate remedy to such lien, OAG 00-163 (10/19/00). Before treatment can be rendered to a livestock animal, (1) the animal must be considered “at large” and be injured, suffering from the elements, or malnourished; or (2) confined, and subjected to an examination by the proper official prior to, or at the same time, as aid is rendered, OAG 07-011 (1/31/07). Because T.C.A. § 39-14-207 merely refers to an “impounded animal,” both livestock and non-livestock animals are included, OAG 07-011 (1/31/07). Authority of humane society under T.C.A. §§ 39-14-207 and 39-14-210 . OAG 13-79, 2013 Tenn. AG LEXIS 80 (10/22/13).