A couple of weeks ago, a record of What if … I know of an animal that is being treated cruelly?

If a peace officer or an officer who has responsibility for animal control in the county has reason to believe that an animal has been or is being cruelly treated, the officer may apply to a justice court or magistrate for a warrant to seize the animal.

Cruelly treated is defined as tortured; seriously overworked; unreasonably abandoned; unreasonably deprived of necessary food, care or shelter; cruelly confined; or caused to fight with another animal.

On a showing of probable cause to believe that the animal has been or is being cruelly treated, the court or magistrate shall issue the warrant and set a time within 10 calendar days for a hearing to determine whether the animal has been cruelly treated.

The officer executing the warant shall cause the animal to be impounded and give written notice to the owner of the time and place for the hearing.

If the court finds that the owner has cruelly treated the animal, the court shall order a public sale of the animal by auction or issue court orders permitted by the Health and Safety Code, after all interested parties have been given the opportunity to present evidence at the hearing.

The owner shall be ordered to pay all court costs, including costs for investigation, expert witnesses, housing and caring for the animal during impoundment, conducting public sale ordered by the court or humanely destroying the animal, if so ordered by the court.

If the court does not find that the owner has cruelly treated the animal, the court must order the animal returned to its owner.

If the court orders a public sale of the animal by auction, notice of auction must be posted on a public bulletin board. A bid by the former owner of the animal or his representative may not be accepted at the auction.

Proceeds from the sale of the animal must be applied first to the payment of the expenses incurred in caring for the animal while it was impounded and in conducting auctions. The court must return any excess proceeds it receives to the former owner of the animal.

If the officer is unable to sell the animal at auction, the officer may have the animal humanely destroyed or donate it to a nonprofit animal shelter, pound or society for the protection of animals.