University of Vermont AAHS

 

Arkansas Cruelty to Animals Statutes


ARKANSAS CODE OF 1987
TITLE 5. CRIMINAL OFFENSES
SUBTITLE 6. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE
CHAPTER 62. ANIMALS
SUBCHAPTER 1. GENERAL PROVISIONS


5-62-101. Cruelty to animals

(a) A person commits the offense of cruelty to animals if, except as authorized by law, he knowingly:
(1) Abandons any animal;
(2) Subjects any animal to cruel mistreatment; (3) Subjects any animal in his custody to cruel neglect; or
(4) Kills or injures any animal belonging to another without legal privilege or consent of the owner.

(b) Cruelty to animals is a Class A misdemeanor.

(c)(1) In addition to all other penalties provided by law, the court may order any person found guilty of cruelty to animals to receive a psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment.
(2) The cost of any evaluation, counseling or treatment may be ordered paid by the defendant up to the jurisdictional limit of the court

(d) If the person pleads guilty, nolo contendere to, or is found guilty of cruelty to animals, the court may assign custody of the abused animal or animals to a society which is incorporated for the prevention of cruelty to animals.

5-62-110 Definitions.

(a) As used in this act, unless the context otherwise requires:
(1) "Animal" or "dumb animal" includes every living creature;
(2) "Torture", "torment", or "cruelty" include every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted;
(3) "Owner" and "person" include corporations as well as individuals.

(b) Nothing in this act shall be construed as prohibiting the shooting of birds or other game for the purpose of human food.


5-62-111. Prevention of cruelty

(a) Any officer, agent, or member of a society which is incorporated for the prevention of cruelty to animals may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence.

(b) Any person who shall interfere with or obstruct any such officer, agent, or member in the discharge of his duty shall be guilty of a misdemeanor.


5-62-112. Search warrant

Upon complaint under oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant has any just and reasonable cause to suspect that any of the provisions of law relating to or in anywise affecting animals are being, or are about to be, violated in any particular building or place, the magistrate shall immediately issue and deliver a warrant to any person authorized by law to make arrests for such offenses authorizing him to enter and search such building or place and to arrest any person there present found violating any of the laws and to bring that person before the nearest magistrate of competent jurisdiction, to be dealt with according to law.


5-62-113. Authority to make arrests

The agents of any society which is incorporated for the prevention of cruelty to animals, upon being appointed by the president of the society in any county of this state, may, within the county, make arrests and bring before any court or magistrate having jurisdiction, any offenders found violating the provisions of this act.


5-62-114. Authority to take charge of animals and vehicles of arrested person

When any person arrested is, at the time of arrest, in charge of any vehicle drawn by or containing any animal, any agent of a society for the prevention of cruelty to animals may take charge of the animal and the vehicle and its contents and deposit them in a safe place of custody, or deliver them into the possession of the police or sheriff of the county or place wherein the arrest was made, who shall thereupon assume the custody thereof.


5-62-115. Injunction against society

No injunction shall be granted against a society for the prevention of cruelty to animals or any of its officers or agents except upon motion after due notice and hearing thereof.

 

5-62-117. Decompression chambers

(a) It is unlawful to use a decompression chamber for the destruction of animals.

(b) Use of a decompression chamber for the destruction of animals is a Class C misdemeanor.


5-62-118. Impounded animals -- Food and water

(a) Any person who shall impound or cause to be impounded in any pound or other place any creature shall supply to it during such confinement a sufficient quantity of good wholesome food and water, and in default thereof shall upon conviction be adjudged guilty of a misdemeanor.

(b) In case any creature shall be at any time impounded as aforesaid and continues to be without necessary food and water for more than twelve (12) successive hours, it shall be lawful for any person, from time to time and as often as it shall be necessary, to enter into and upon any pound or other place in which any such creature shall be so confined and to supply it with necessary food and water so long as it shall remain so confined. Such person shall not be liable to any action for the entry, and the reasonable cost of the food and water may be collected by him from the owner of the creature, and the creature shall not be exempt from levy and sale upon execution issued upon a judgment therefor.


5-62-119. Cruelty in transportation

If any person shall carry or cause to be carried in or upon any vehicle, boat, or otherwise any creature in a cruel or inhuman manner, he shall be guilty of a misdemeanor, and, whenever such person shall be taken into custody by any officer, such officer may take charge of such vehicle, boat, etc., and its contents, and deposit them in some safe place of custody. Any necessary expenses which may be incurred for taking charge of and keeping and sustaining the vehicle, boat, etc. shall be a lien thereon, to be paid before the vehicle, boat, etc. can lawfully be recovered, or the expenses, or any part, remaining unpaid may be recovered by the person incurring the expenses of the owner of the creature in any action therefor.


20-19-101. Humane societies

(a) The General Assembly of the State of Arkansas finds and declares that humane societies for the prevention of cruelty to animals, organized under the laws of this state now or hereinafter in effect, are public organizations necessary to protect the health, safety, and general welfare of the citizenry of this state and are discharging a government function.

(b) The General Assembly of the State of Arkansas finds and declares that the appropriation of public funds for the use of humane societies in the maintenance and operation of shelters for stray, diseased, neglected, and other animals and in the protection of the public from disease among such animals is a public use of the funds in the discharge of a government function.


20-19-102. Injuries to domesticated animals by dogs

(a) (1) "Domesticated animals" includes, but is not limited to, sheep, goats, cattle, swine, and poultry.

(2) Any person owning or having in possession or under control any dog shall be liable in damages to the owner or owners of any domesticated animals killed or injured by the dog in the full value of the domesticated animal killed or injured.

(b) (1) Any person engaged in raising domesticated animals or owning any domesticated animals, who shall sustain any loss or damages to his or their domesticated animals by any dog, shall have a right of action against the owner, person, or controller of the dog.

(2) Any person knowing that any dog has killed or is about to catch, injure, or kill any domesticated animal shall have the right to kill the dog, without in any way being liable to the owner of the dog in any courts of this state.

(c) The person sustaining loss or damage as mentioned in this section and desiring remuneration therefor may go before some justice of the peace of the county wherein the loss or damage occurred and make oath of the character of the loss or damage sustained, the value of the loss or damage, the dog or dogs, and the owner, possessor, or controller of the dog, and file the same with the justice, who shall issue a summons stating the nature of the plaintiff's claim, the amount claimed, and the cost accrued, which shall be served and returned as in ordinary actions.

(d) (1) If the defendant shall pay to the officer serving the summons the amount of damages claimed, and the costs endorsed, and a further fee to the officer of twenty-five cents (25~) for making the return, the summons shall be returned satisfied, and no further proceedings had.

(2) If the defendant fails, neglects, or refuses to pay that amount, the justice shall try the cause as in other ordinary actions and give judgment in favor of plaintiff for the amount proved in the cause, for which the defendant may be liable by the provisions of this section.

(e) In a second suit and recovery by any plaintiff against the same defendant, on account of killing or injury done by the same dog, the justice shall render judgment for double the amount of damages proven.


Amended in 2001.
Reviewed by AAHS in September 2001.


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