What if the judge does not order the defendant to pay?

The judge is required to consider several factors when evaluating the petition, including the estimated cost of caring for the animals and the defendant’s ability to pay. The judge may decide that the defendant is “unable” to pay for the shelter operator to care for the animal. In such cases, the law allows the judge to order the defendant to provide necessary food, water, shelter and care (including medical care).

Note that the law provides that the animal may be kept at its “existing location” when the judge issues this type of order. In some instances, the animal has already been removed and taken to a shelter. While the law says that the animal should be kept at its “existing location,” the implication is that an animal at a shelter should be returned to the defendant’s custody or home.

If the judge issues this type of order, an animal control or law enforcement official must regularly visit the location to check on the animal and make sure that it is receiving necessary food, water, shelter, and care. The law does not specify a schedule for these visits but does indicate that they need to be regular – which means on a relatively structured schedule. If the official encounters difficulty making the inspections, the official could ask a magistrate to issue an administrative search and inspection warrant pursuant to G.S. 15A-27.2.