Repealed by S.L. 1975, ch. 106, § 673.
36-14-19. Disposition of carcass of animal dying from contagious or infectious disease. Any animal which is found dead must be presumed to have died from a contagious or infectious disease until the contrary is shown unless another cause of death is apparent. The owner or person in charge of any domestic animal or nontraditional livestock which dies within this state from or on account of any contagious or infectious disease shall dispose of the carcass of such animal as follows: 1. If the animal died of anthrax, as determined by a licensed veterinarian, the carcass must be completely burned at the place where it died if possible. If the carcass must be moved, it may not be dragged over the ground but must be moved only on a suitable conveyor and all body openings in the carcass must be plugged with cotton saturated with a strong antiseptic solution. 2. If the carcass is of a hog which died from hog cholera or swine erysipelas, the same, with hide intact, must be burned within thirty-six hours or given to a licensed rendering plant within such time. 3. If the carcass is of an animal which has died of a disease other than is specified in subsections 1 and 2, or from any other cause, it must be burned, buried, composted, or given to a licensed rendering plant within thirty-six hours, or must be disposed of by a method approved by the state veterinarian. If the carcass is buried, it must be buried not less than four feet [1.22 meters] below the surface of the ground and covered with
dirt to that depth. No carcass may be disposed of along any public highway or along any stream, lake, or river nor be buried near or adjoining any such place.
36-14-20. Duty of overseer of highways when carcass of dead animal is found - Fees - Recovery of expense. If the owner or person in charge of a dead animal fails to comply with the provisions of section 36-14-19, the overseer of highways shall comply with the provisions of section 36-14-19 for the owner or person. If burial of the animal is permitted, the burial may be made upon the premises of the owner or person in charge of the animal at any place more than one thousand feet [304.8 meters] from any dwelling house or barn. The board of county commissioners shall allow in payment a sum for disposal services as it deems to be reasonable, and the sum must be paid as other moneys are paid for services rendered to the county. The owner of the animal is liable to the county for any amount paid out for disposal services. If the owner does not pay that amount within thirty days after written demand for payment is made upon the owner by the county auditor, the sum may be recovered in a civil action, and the judgment must include the costs of the suit and a reasonable attorney's fee to be fixed by the court. No property except absolute exemptions is exempt from sale for the payment of any such judgment. Any attorney's fee allowed by the court must be paid to the county if the action is brought by the state's attorney.