(a.1) Custody.--The person taking the offender into custody
may take charge of the animal and of the vehicle and the
vehicle's contents, and deposit the same in a safe place of
custody, and the necessary expenses that may be incurred for
taking charge of and keeping the same, and sustaining the
animal, shall be a lien thereon, to be paid before the same can
lawfully be recovered, or the expenses or any part thereof
remaining unpaid may be recovered by the person incurring the
same from the owner of the animal in an action therefor.
(b) Exception.--For the purposes of this section, it shall
not be deemed cruel or inhumane to transport live poultry in
crates so long as not more than 15 pounds of live poultry are
allocated to each cubic foot of space in the crate.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
" Mobile or traveling housing facility." A transporting
vehicle such as a truck, trailer or railway car, used to
transport or house a performance animal while traveling for a
performance.
"Performance." An exhibition, public showing, presentation,
display, exposition, fair, animal act, circus, ride, trade show,
petting zoo, carnival, parade, race or other similar event in
which a performance animal is required to perform tricks, give
rides or participate as accompaniments for entertainment,
amusement or the benefit of a live audience. The term does not
include a performance that takes place at a nonmobile, permanent
institution or other fixed facility if the performance animal is
not transported to the location for the purpose of a
performance.
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