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3901. Animal Welfare Act
This chapter shall be known and may be cited as the "Animal Welfare Act."
3902. Purposes
The primary legislative purposes of this Act are to provide for the licensing of dogs and
the humane and proper treatment of animals.
3906-B. Powers and duties of commissioner
The commissioner has the powers and duties set forth in this section.
1. Dog licensing laws. The commissioner shall carry out the dog licensing laws and furnish
to municipalities all license blanks, stickers and tags.
2. Animal Welfare Fund. The commissioner shall deposit all license fees received pursuant
to chapters 721, 723, 725 and 735 in a separate account established by the Treasurer of
State and known as the Animal Welfare Fund. This account does not lapse, but continues
from year to year. The commissioner shall pay from the Animal Welfare Fund the expense of
furnishing blanks, stickers and tags, travel expenses and salaries for necessary
personnel, payments to animal shelters and expenses incurred in the administration of this
Part.
3. Dog recorders. The commissioner shall appoint dog recorders in unorganized territories
and establish fees for services rendered.
4. Training and certification of animal control officers. The commissioner shall develop a
program to train animal control officers. This program must include training in
investigation of complaints of cruelty to animals, training in response to calls
concerning animals suspected of having rabies and training in enforcement of dog licensing
laws and rabies immunization laws. The commissioner shall certify all animal control
officers who complete the training program.
5. Repealed. Laws 1995, c. 502, § C-10, eff. Nov. 30, 1995.
6. Inspections. The commissioner shall inspect licensed facilities as provided in chapters
723 and 735.
7. Payment of fees. The commissioner may authorize payments to providers of special
services to animals when the commissioner determines those services are in the public
interest.
8. Copies of law. The commissioner shall seasonably forward to the clerks of
municipalities copies of this Part.
9. Employees. The commissioner shall employ personnel, subject to the Civil Service Law,
as necessary to assist in enforcing this Part and in carrying out the duties and
responsibilities of the department. The commissioner, in consultation with the Animal
Welfare Advisory Committee, shall employ, subject to the Civil Service Law, one full-time
humane agent to assist the commissioner in carrying out the commissioner's duties and
responsibilities. The commissioner may not hire as a state humane agent a person who has
been convicted of a criminal violation under Title 17, chapter 42 or has been adjudicated
of a civil violation for cruelty to animals under chapter 739.
10. Rules. Pursuant to Title 5, chapter 375, the commissioner shall adopt, amend and
repeal rules, including emergency rules, necessary for the proper administration,
implementation, enforcement and interpretation of any provision of law that the
commissioner is charged with administering.
11. Cruelty to animals. The commissioner, in cooperation with animal control officers,
shall investigate complaints of cruelty to animals and enforce cruelty-to-animal laws in
accordance with chapter 739 and Title 17, chapter 42. The Attorney General and the
district attorneys shall assist the commissioner with the commissioner's enforcement
responsibilities.
12. Intermittent agents. The commissioner shall appoint intermittent humane agents as
necessary to assist the commissioner in carrying out the commissioner's duties and
responsibilities. The commissioner shall train and coordinate efforts of intermittent
agents. These intermittent agents are unclassified employees whose training, compensation
and hours of employment are determined by the commissioner.
13. Spaying and neutering fund. The commissioner may accept funds from any private or
public source for the purpose of subsidizing spaying and neutering. The commissioner shall
deposit all funds accepted for this purpose into a separate, nonlapsing spaying and
neutering account. The commissioner shall establish guidelines for payments and make
payments from the fund. All payments from the fund must be used to subsidize spaying and
neutering of dogs and cats.
14. Information. The commissioner may obtain, develop or disseminate any information
useful or convenient for carrying out any purpose or power of the commissioner.
15. Annual report. The commissioner shall report the activities of the commissioner
annually by March 1st to the joint standing committee of the Legislature having
jurisdiction over agricultural matters. This report must include a summary of cases of
cruelty to animals investigated by the commissioner, a summary of final dispositions of
those cases and an account of deposits into and payments from the spaying and neutering
fund.
3906-C. Animal Welfare Advisory Council
The Animal Welfare Advisory Council, as established by Title 5, section 12004-I,
subsection 2-C and referred to in this section as the "council," shall advise
the commissioner on matters pertaining to animal welfare.
1. Membership. The council consists of 11 members appointed by the Governor as follows:
A. One member representing municipal interests;
B. One animal control officer;
C. One member representing licensed animal shelters;
D. One member representing licensed boarding or breeding kennels;
E. One member representing licensed pet shops;
G. One member who is or has been a veterinarian licensed to practice in the State;
H. One member who represents the interests of the public in animal welfare, generally;
I. One attorney with experience in animal welfare law;
J. One cooperative extension agent or specialist;
K. One member with expertise in equine care; and
L. One member with expertise in livestock representing a statewide farming organization.
In making the appointment of the veterinarian member, the Governor shall consider
nominations made by the Maine Veterinary Medical Association.
2. State member; staff. The commissioner or the commissioner's designee serves as an ex
officio nonvoting member. The department shall provide necessary staffing services to the
council.
3. Compensation. Members of the council are entitled to travel and meal expenses only.
4. Terms of office. Except for initial appointees and the commissioner or the
commissioner's designee, each member serves for a term of 3 years or until the member's
successor has qualified. Except for the commissioner or the commissioner's designee, a
member may not serve more than 2 consecutive terms. In the case of a vacancy for any
reason, the Governor shall appoint a member representing the same interest to fill the
unexpired term.
5. Initial terms of office. Initially, 4 appointed members serve for one year, 4 members
serve for 2 years and 3 members serve for 3 years.
6. Administration; meetings. The council shall elect one of its members as chair. The
chair serves for a 2-year period and may not serve as chair for consecutive 2-year
periods.
The council shall hold regular public meetings every other month but may waive by majority
vote a succeeding meeting. The chair shall call special meetings of the council whenever
requested in writing by 2 or more members. The council shall send notice and minutes of
the meetings to the joint standing committee of the Legislature having jurisdiction over
animal welfare matters.
7. Duties. The council shall perform the following duties:
A. Review and advise the commissioner on proposed revisions to the animal welfare laws and
rules;
B. Assist the commissioner in the continuing implementation and evaluation of the animal
welfare laws and rules;
C. Review training programs for humane agents and animal control officers and make
recommendations for training appropriate to the duties of the humane agents and animal
control officers;
D. Research options for increasing revenue to the Animal Welfare Fund to ensure funding
for the implementation and enforcement of the animal welfare laws and rules, periodically
evaluate the adequacy of funding for those laws and rules and make recommendations to the
commissioner; and
E. Advise the commissioner on other matters related to the animal welfare laws and rules.
3907. Definitions
As used in this Part, and in every law relating to or affecting animals, unless the
context indicates otherwise, the following terms have the following meanings.
1. Act. "Act" means the Animal Welfare Board Act.
1-A. Abandoned dog. "Abandoned dog" means a dog that has been deserted by its owner or keeper.
2. Animal. "Animal" means every living, sentient creature not a human being.
3. Animal control. "Animal control" means control of dogs, cats, and domesticated or undomesticated animals in accordance with section 3948.
4. Animal control officer. "Animal control officer" means the person appointed periodically by a municipality pursuant to chapter 725.
5. Repealed.
5-A. Animal shelter. "Animal shelter" means a facility that includes a physical structure or part of a physical structure that provides temporary or permanent shelter to stray, abandoned, abused or owner-surrendered animals.
6. At large. "At large" means off the premises of the owner and not under the control of any person whose personal presence and attention would reasonably control the conduct of the animal.
7. Board. "Board" means the Animal Welfare Board or its duly authorized agent.
8. Boarding kennel. "Boarding kennel" means any place, building, tract of land or abode in or on which privately owned dogs or other pets, or both, are kept for their owners in return for a fee.
8-A. Breeding kennel. "Breeding kennel" means a kennel operated for the purpose of breeding or buying, selling or in any way exchanging dogs for value that exchanges more than 16 dogs in a 12-month period.
9. Business day. "Business day" means any day of the calendar year other than a Saturday, Sunday or legal holiday.
10. Clerk; municipal clerk. "Clerk" or "municipal clerk" means the clerk of a municipality, the deputy clerk or assistant clerk, where directed by the clerk, carrying out the duties of this Part.
11. Commissioner. "Commissioner" means the Commissioner of Agriculture, Food and Rural Resources or his duly authorized agent.
12. Constable. "Constable" means a law enforcement officer appointed by municipal officers pursuant to law.
12-A. Equine facility. "Equine facility" means a boarding stable or commercial riding facility that requires a license under section 4102.
12-B. Foster home. "Foster home" means a facility that includes a physical structure or part of a physical structure and that contracts with an animal shelter to provide temporary shelter to stray, abandoned, abused or owner- surrendered animals.
13. Guide dog or hearing dog kept for breeding purposes. "Guide dog or hearing dog kept for breeding purposes" means a male or female dog owned by a nonprofit organization for the purpose of producing puppies to be trained as guide dogs or hearing dogs and living with a resident of the State.
14. Guide dog or hearing dog kept prior to training. "Guide dog or hearing dog kept prior to training" means a dog under 18 months of age, owned by a nonprofit organization for the purpose of training as a guide dog or hearing dog and living temporarily with a resident of the State prior to training.
15. Humane agent. "Humane agent" means an employee of the department who assists in enforcing this Part.
15-A. Repealed.
16. Keeper. "Keeper" means a person in possession or control of a dog or other animal. A person becomes the keeper of a stray domesticated animal, other than a dog or livestock, if the person feeds that animal for at least 10 consecutive days.
17. Kennel. "Kennel" means one pack or collection of dogs or wolf hybrids kept in a single location under one ownership for breeding, hunting, show, training, field trials and exhibition purposes.
18. Law enforcement officer. "Law enforcement officer" means any person who, by virtue of his public employment, is vested by law with a duty to maintain public order, enforce any law of this State establishing a civil violation, prosecute offenders or make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes.
18-A. Livestock. "Livestock" means cattle, horses, sheep, goats, donkeys, swine or other animals if the animals are kept and used by a commercial farmer.
19. Municipality. "Municipality" means an organized city, town or plantation.
20. Mutilate. "Mutilate" includes, but is not limited to, cutting the bone, muscles or tendons of the tail of a horse for the purpose of docking or setting up the tail and cropping or cutting off the ear of a dog in whole or in part.
21. Owner. "Owner" means a person owning, keeping or harboring a dog or other animal.
22. Person. "Person" means an individual, corporation, partnership, association or any other legal entity.
22-A. Pet animal. "Pet animal" means an animal kept by a private individual and not excluded by this subsection. "Pet animal" includes dogs kept in a kennel as defined in subsection 17. "Pet animal" does not include an animal kept and used by a commercial farmer, a harness racing horse or animal used in a pulling event. "Pet animal" does not include an animal kept in a boarding kennel, breeding kennel, animal shelter, equine facility or pet shop.
22-B. Pet. "Pet" means a dog, cat or other domesticated animal commonly kept in a household, but does not include tamed animals that are ordinarily considered wild animals.
23. Pet shop. "Pet shop" means a place or vehicle in or on which any dogs, cats, rodents, reptiles, fish, pet birds, exotic birds or exotic animals not born and raised on those premises are kept for the purpose of sale to the public.
24. Respective municipality. "Respective municipality" means, in the case of towns, plantations and cities, the municipality where the dog or ferret is found; in the case of unorganized territories, the municipality near or adjacent to the unorganized territory where the dog or ferret is found; or the designee of that municipality.
25. Repealed.
25-A. Stray. "Stray" means off the owner's premises and not under the control of a person.
26. Torment, torture and cruelty. "Torment, torture and cruelty" means every act, omission or neglect, whether by the owner or any other person, where unjustifiable physical pain, suffering or death is caused or permitted.
26-A. Unorganized territory. "Unorganized territory" means all areas located within the jurisdiction of the State, except areas located within organized cities and towns, and Indian reservations. "Unorganized territory" does not include plantations.
27. Vertebrate. "Vertebrate" means a subphylum of chordate animals comprising those having a brain enclosed in a skull or cranium and a segmented spinal column, including mammals, birds, reptiles, amphibians and fish.
28. Warrant. "Warrant" means an order of municipal officers directing a police officer, constable, sheriff or animal control officer to enter a complaint and summons against the owners or keepers of unlicensed dogs following notice of and noncompliance with a violation of law.
29. Well cared for. "Well cared for" means that the animal is receiving necessary sustenance, necessary medical attention, proper shelter, protection from the weather and humanely clean conditions and that the animal has not been nor is being injured, overworked, tormented, tortured, abandoned, poisoned, beaten, mutilated or exposed to a poison with the intent that it be taken by the animal.
30. Wolf hybrid. "Wolf hybrid" means any canine, regardless of generation, that has resulted from the interbreeding of a dog and a wolf.
3909. Enforcement
1. Attorney General and District Attorneys. Whenever a person has engaged in or is about
to engage in an act or practice that constitutes a violation of this Act, a rule adopted
pursuant to this Act or a condition of an order, license or permit approved or decision
issued by the commissioner pursuant to this Act, or that constitutes a violation of
chapter 739 or Title 17, chapter 42, the Attorney General or a District Attorney, at the
request of the commissioner, may institute proceedings before the District Court or
Superior Court for an order enjoining those acts or practices, an order directing
compliance or imposing a civil or criminal penalty, or any combination of these actions,
as provided by law. Upon a showing by the commissioner that the person has engaged or is
about to engage in such an act or practice, the court may grant a permanent or temporary
injunction, restraining order or other order as appropriate.
2. Designated employees of the department. For purposes of prosecution under this section,
the commissioner may authorize humane agents and a state veterinarian to serve civil
process pursuant to the Maine Rules of Civil Procedure, Rule 80H and any other applicable
rules of court. The commissioner may authorize humane agents or a state veterinarian to
represent the department in District Court in the prosecution of civil violations of these
laws. Certification of the humane agents and a state veterinarian for this purpose is as
provided under Title 30-A, section 4453, subsection 5. Once certified, prosecution by the
humane agent or a state veterinarian may seek civil penalties as provided by law as well
as a permanent or temporary injunction, restraining order or other equitable relief as the
court finds appropriate.
3. Education requirement; management. A humane agent hired after January 1, 1999 shall
attend a nationally recognized animal law enforcement training program of at least 40
hours' duration. A humane agent, regardless of date of employment, must receive related
education periodically as determined by the department.
4. Subpoenas. The commissioner or the commissioner's designee after consultation with
the appropriate attorney for the State or the legal counsel for the department may:
A. Serve subpoenas requiring persons to disclose or provide to the department information
or records in their possession that are necessary and relevant to an investigation under
the animal welfare laws.
(1) The department may apply to the District Court to enforce a subpoena.
(2) A person who complies with a subpoena is immune from civil or criminal liability that
might otherwise result from the act of turning over or providing information or records to
the department.
3910. Jurisdiction
The District Court shall have original and concurrent jurisdiction with the Superior Court
of all violations of this Part. All fines and forfeitures imposed shall be paid into the
treasury of the municipality where the offense or violation is committed unless otherwise
provided.
3911. Dogs at large
It is unlawful for any dog, licensed or unlicensed, to run at large, except when used for
hunting. The owner or keeper of any dog found at large is subject to the penalties
provided in this chapter.
3912. Disposition of dogs at large
1. Ownership of dog unknown. Except as provided in subsection 2, an animal control officer
or person acting in that capacity shall seize, impound or restrain a dog found in
violation of section 3911 and deliver it to an animal shelter as provided for in section
3913, subsection 2-A. If ownership can not be established, such a dog may be handled as a
stray dog for the purpose of acceptance by an animal shelter.
2. Ownership of dog known. An animal control officer or person acting in that capacity
shall seize, impound or restrain a dog found in violation of section 3911 and, if the
owner is known, shall:
A. Take the dog to its owner; or
B. Deliver it to an animal shelter as provided in section 3913. An animal shelter
receiving a dog in accordance with this paragraph shall follow the procedure for stray
dogs provided in section 3913.
§ 3913. Procedure for stray dogs
1. Persons finding stray dogs. A person finding a stray dog and taking control of that dog
shall take that dog to its owner if known or, if the owner is not known, to the animal
shelter designated by the municipality in which the dog was found.
2. Repealed. Laws 1991, c. 779, § 20, eff. March 31, 1992.
2-A. Animal shelter. An animal shelter, as defined in section 3907, to which a stray dog
is taken shall accept the dog for a period of 6 days unless the shelter is in quarantine
or has a bona fide lack of adequate space. The acceptance entitles the animal shelter to
receive from the department the sum of $4 a day for the period for which food and shelter
are furnished to the dog. An animal shelter may refuse to accept dogs from municipalities
not contracting with that animal shelter.
3. Claims; fees. The procedure for filing claims and calculating fees is as follows.
A. On the business day next following the date of acceptance of a dog that is not
delivered by an animal control officer or person acting in that capacity, the animal
shelter shall notify the animal control officer or person acting in that capacity of the
respective municipality of the acceptance of the dog, its description and the
circumstances of its finding.
B. An animal shelter that accepts a dog under this section, within 45 days of acceptance
of the dog, shall submit a claim on a department-approved form to the department for fees
incurred in providing food and shelter and the animal shelter shall forward a copy of the
claim to the clerk of the respective municipality.
C. If the owner claims the dog within the 6-day period, the owner may have and receive the
dog upon payment of all department-approved fees as provided in subsection 2-A, the
municipal impoundment fee and actual fees incurred for food, shelter, veterinary care and
any other fees required by this chapter for each day that the dog has been sheltered,
provided that the dog is licensed in accordance with chapter 721.
4. Ownership of dog. Upon expiration of the 6-day period, ownership of the dog is vested
in the animal shelter. The animal shelter may then:
A. Sell or give away the dog, but not to a research facility, if a license is first
obtained in accordance with chapter 721; or
B. Otherwise dispose of the dog humanely in accordance with Title 17, chapter 42,
subchapter IV. Except as provided in this section, an animal shelter must hold a dog
at least 8 days before euthanasia.
Notwithstanding this subsection, ownership of a dog for the purposes of adoption is
immediately vested in an animal shelter if the animal shelter makes a determination that
the dog is obviously abandoned. An obviously abandoned dog does not include a dog roaming
at large.
An animal shelter shall establish and collect fees for reclaimed or adopted animals to
offset costs of keeping a dog beyond 6 days.
None of the proceeds obtained from the sale, donation, adoption or other disposition of
the dog may be deducted from the fee claimed.
Notwithstanding subsection 3, paragraph C, the previous owner may reacquire the dog at any
time prior to its sale, donation or disposal upon payment of the municipal impoundment fee
and actual fees incurred for food, shelter, veterinary care and any other fees required by
this chapter for each day that the dog has been sheltered. In this case, no fee may be
allowed by the department.
5. Deleted. Laws 1997, c. 690, § 11.
6. Euthanasia for severely sick, severely injured or extremely vicious dog. A humane
agent, an animal control officer or an animal shelter within the State may authorize in
writing immediate euthanasia of a severely sick, severely injured or extremely vicious dog
upon determining that the following conditions are met:
A. The clerk or animal control officer of the municipality where the dog was found has
been notified of the dog's presence and the owner of the dog, if known, has been notified;
and
B. Deleted. Laws 1997, c.690, § 11.
C. A veterinarian states in writing that the dog's recovery from its injury or illness,
given reasonable time and reasonable care, is doubtful or that the dog presents a danger
to the public.
Notwithstanding paragraphs A to C, a veterinarian may authorize immediate euthanasia if,
in the veterinarian's judgment, there is no possibility of recovery for a severely injured
or sick animal.
7. Immunity from civil liability. A veterinarian, a humane agent, an animal control
officer or an animal shelter is not civilly liable to any party for authorization made in
accordance with subsection 6 nor is any person performing euthanasia under that
authorization.
8, 9. Repealed. Laws 1991, c. 779, § 23, eff. March 31, 1992.
3981. Intrastate transportation of animals
1. Period of confinement. No railroad, motor truck, common carrier or its receiver,
trustee or lessee which transports animals within the State or other person having the
care, custody or charge of animals loaded into any such form of transportation may confine
the animals in cars, boats, vehicles or vessels of any description for a period longer
than 28 consecutive hours without unloading the animals in a humane manner, by means of a
chute or tailgate of sufficient size, into properly equipped pens or other suitable
enclosures for rest, water and feeding for a period of at least 5 consecutive hours,
unless prevented by storm, accident or other unavoidable cause which cannot be anticipated
or avoided by the exercise of due diligence and foresight.
In estimating the time of confinement, the time consumed in loading and unloading shall not be considered, but the time during which the animals have been confined without such rest, food or water in a car, boat, vehicle or vessel shall be included.
2. Extension of time for confinement. Upon the separate written request of the owner or person in custody of the shipment of animals, the time of confinement may be extended to 36 hours.
3. Sheep. A railroad, motor truck, common carrier or its receiver, trustee or lessee, or other person having the care, custody or charge of sheep loaded into any such form of transportation, is not required to unload sheep in the nighttime, but, when the time expires in the nighttime, the sheep may continue in transit to a suitable place of unloading not exceeding the maximum limitation of 36 hours during which they may be confined.
4. Preference of animals as freight. A railroad, motor truck and common carrier within the State shall give cars, boats, vehicles or vessels containing cattle, sheep, swine or other animals a continuous passage in preference to other freight. Cars, boats, vehicles or vessels loaded with animals at any station shall have precedence over all other freight.
5. Conditions of transportation. Cars, boats, vehicles or vessels shall be sufficiently covered or boarded on the sides and ends to afford proper protection to animals in case of storms or severe cold weather and shall be properly ventilated. A greater number of animals shall not be loaded into any car, boat, vehicle or vessel than can stand comfortably within.
No person may transport any animal in or upon any car, boat, vehicle or vessel in a cruel or inhumane manner.
6. Violation. Any person who violates this section commits a civil violation for which a forfeiture of not less than $50 nor more than $500 for every such offense may be adjudged.
7. Construction. Nothing in this chapter may be construed to prohibit the use of strike cages for dogs while in the lawful sport of hunting or in training or the movement of livestock or poultry when standards of industry are followed..
3991. Regulation of research institutions
1. License necessary. No research or teaching institution of higher education may employ
live animals in scientific investigation, experiment or instruction or for the testing of
drugs or medicines without first having been issued a license under this section by the
commissioner. A research or teaching institution desiring to obtain a license shall make
application to the commissioner. On receipt of the application, the commissioner shall
make or cause to be made such investigation as it considers necessary to determine whether
the public interest will be served by the issuance of the license. The commissioner may
issue the license provided that the research or teaching institution, by reason of its
standards, facilities, practices or activities, is a fit and proper institution to receive
the license and that its issuance is in the public interest. The standards for licensure
shall be those contained in the United States Code, Title 7, Section 2143, and any federal
regulations issued pursuant to that law. Nothing in this chapter may be construed to be
more restrictive than federal law. In the case of conflict between state law and federal
law or a mandatory rule, regulation or order of the Federal Government or its agencies,
the federal law, rule, regulation or order shall govern. Each research or teaching
institution licensed under this chapter, before issuance of the license, shall pay to the
commissioner a license fee of $50. Each license shall expire on June 30th next following
the date of issue. The commissioner shall annually renew each license upon the application
of the licensee, unless, after notice and hearing as provided in this chapter, it finds
that, by reason of the standards, facilities, practices or activities of the licensee, the
renewal is not in the public interest. The commissioner, after notice and hearing as
provided in this chapter, may modify, fail to renew, suspend or revoke any license if it
finds that, by reason of the standards, facilities, practices or activities of the
licensee, the continuation of the license is not in the public interest.
2. Noncompliance. If, in the opinion of the commissioner, there is or may be noncompliance with or a violation of this chapter or of any rule adopted by the commissioner that is of sufficient gravity to warrant further action, the commissioner may request an informal conference with the licensee. The commissioner shall provide the licensee with adequate notice of the conference and the issues to be discussed.
If the commissioner finds that the factual basis of the alleged noncompliance with or violation of this chapter is true and may warrant further action, the commissioner:
A. With the consent of the licensee, may enter into a consent agreement which fixes the period and terms of probation best adapted to protect the health and welfare of animals and to rehabilitate or educate the licensee;
B. In consideration for acceptance of a voluntary surrender of the license, may negotiate stipulations, in a consent decree to be signed by the commissioner, the licensee and the office of the Attorney General, which ensure protection of the health and welfare of animals and which serve to rehabilitate or educate the licensee;
C. If the commissioner concludes that modification or nonrenewal of the license may be in order, shall hold an adjudicatory hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV; or
D. If the commissioner concludes that suspension or revocation of the license is in order, shall file a complaint in the District Court in accordance with Title 4, chapter 5.
3. Grounds for discipline. The following shall be grounds for an action to modify, suspend, revoke or refuse to renew the license of a person licensed under this chapter:
A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued;
B. Any violation of this chapter or any rule adopted by the commissioner; or
C. Conviction of a crime involving cruelty to animals.
4. Penalty. Any person who knowingly violates this chapter or the rules issued pursuant to this chapter commits a civil violation for which the following forfeiture may be adjudged:
A. For the first violation, a forfeiture not to exceed $100; and
B. For each subsequent violation, a forfeiture not to exceed $250.
5. Rules. The commissioner may adopt such rules as are necessary to carry out the purposes of this chapter.
6. Inspection. In connection with the granting, continuance or renewal of a license and in connection with an investigation of alleged cruelty or alleged violation of this chapter or the rules issued pursuant to this chapter, the commissioner, at least annually, may visit and inspect the research and teaching institutions, animal research and care facilities of any licensee or of any research or teaching institution which has applied for a license.
4011. Cruelty to animals
1. Cruelty to animals. Except as provided in subsection 1-A, a person, including an
owner or the owner's agent, is guilty of cruelty to animals if that person:
A. Kills or attempts to kill any animal belonging to another person without the consent of
the owner or without legal privilege;
B. Except for a licensed veterinarian or a person certified under Title 17, section 1042,
kills or attempts to kill an animal by a method that does not cause instantaneous death;
C. Is a licensed veterinarian or a person certified under Title 17, section 1042 and that
person kills or attempts to kill an animal by a method that does not conform to standards
adopted by a national association of licensed veterinarians;
D. Injures, overworks, tortures, torments, abandons or cruelly beats or intentionally
mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives
poison or alcohol to an animal; or exposes a poison with intent that it be taken by an
animal. The owner or occupant of property is privileged to use reasonable force to eject a
trespassing animal;
E. Deprives an animal that the person owns or possesses of necessary sustenance, necessary
medical attention, proper shelter, protection from the weather or humanely clean
conditions;
F. Keeps or leaves a domestic animal on an uninhabited or barren island lying off the
coast of the State during the month of December, January, February or March without
providing necessary sustenance and proper shelter;
G. Hunts or sells for the purpose of hunting any animal, except as permitted pursuant to
Title 7, chapter 202-A and Title 12, Part 10;
H. Injects, inserts or causes ingestion of any substance used solely to enhance the
performance of an animal by altering the animal's metabolism to that animal's detriment,
including but not limited to excessive levels of sodium bicarbonate in equines used for
competition; or
I. Kills or tortures an animal to frighten or intimidate a person or forces a person to
injury or kill an animal.
1-A. Animal cruelty. Except as provided in paragraphs A and B, a person is guilty of
cruelty to animals if that person kills or attempts to kill a cat or dog.
A. A licensed veterinarian or a person certified under Title 17, section 1042 may kill a
cat or dog according to the methods of euthanasia under Title 17, chapter 42, subchapter
IV.
B. A person who owns a cat or dog, or the owner's agent, may kill that owner's cat or dog
by shooting with a firearm provided the following conditions are met.
(1) The shooting is performed by a person 18 years of age or older using a weapon and
ammunition of suitable caliber and other characteristics to produce instantaneous death by
a single shot.
(2) Death is instantaneous.
(3) Maximum precaution is taken to protect the general public, employees and other
animals.
(4) Any restraint of the cat or dog during the shooting does not cause undue suffering to
the cat or dog.
2. Affirmative defenses. It is an affirmative defense to this section that:
A. The conduct was performed by a licensed veterinarian or was a part of scientific
research governed by accepted standards;
B. The conduct was designed to control or eliminate rodents, ants or other common pests on
the defendant's own property; or
C. The conduct involved the use of live animals as bait or in the training of other
animals in accordance with the laws of the Department of Inland Fisheries and Wildlife,
Title 12, Part 10.
Evidence of proper care of any animal shall not be admissible in the defense of alleged
cruelty to other animals.
4013. Necessary sustenance
No person owning or responsible for confining or impounding any animal may fail to supply
the animal with a sufficient supply of food and water as prescribed in this section.
1. Food. The food shall be of sufficient quantity and quality to maintain all animals in good health.
2. Water. If potable water is not accessible to the animal at all times, it shall be provided daily and in sufficient quantity for the health of the animal.
4014. Necessary medical attention
No person owning or responsible for confining or impounding any animal may fail to supply
the animal with necessary medical attention when the animal is or has been suffering from
illness, injury, disease, excessive parasitism or malformed or overgrown hoof.
4015. Proper shelter, protection from the weather and humanely clean conditions
No person owning or responsible for confining or impounding any animal may fail to provide
the animal with proper shelter, protection from the weather or humanely clean conditions
as prescribed in this section.
1. Indoor standards. Minimum indoor standards of shelter shall be as follows.
A. The ambient temperature shall be compatible with the health of the animal.
B. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animal at all times.
2. Outdoor standards. Minimum outdoor standards of shelter shall be as follows.
A. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confine farm animals.
B. Except as provided in subsection 5, shelter from inclement weather shall be as follows.
(1) An artificial shelter with a minimum of 3 sides and a waterproof roof appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.
(2) If a dog is tied or confined unattended outdoors under weather conditions that adversely affect the health of the dog, a shelter of suitable size with a floor above ground and waterproof roof shall be provided to accommodate the dog and protect it from the weather and, in particular, from severe cold. Inadequate shelter may be indicated by the shivering of the dog due to cold weather for a continuous period of 30 minutes.
C. No animal may be confined in a building, enclosure, car, boat, vehicle or vessel of any kind when extreme heat or extreme cold will be harmful to its health.
3. Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include the following.
A. The housing facilities shall be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal.
B. Enclosures shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of overcrowding, debility, stress or abnormal behavior patterns.
4. Humanely clean conditions. Minimum standards of sanitation necessary to provide humanely clean conditions for both indoor and outdoor enclosures shall include periodic cleanings to remove excretions and other waste materials, dirt and trash to minimize health hazards.
5. Livestock. Livestock must be provided with shelter suitable for the health of the animal. Livestock must have access to a constructed or natural shelter that is large enough to accommodate all livestock comfortably at one time. The shelter should be well drained and protect the livestock from direct sun, rain, wind and other inclement weather. Notwithstanding this subsection, shelter for equines must be provided in accordance with subsection 2, paragraph B, subparagraph (1). For purposes of this subsection, "livestock" includes large game as defined in section 1341, subsection 5 kept at a licensed commercial large game shooting area as defined in section 1341, subsection 1.
4016. Violation
1. Penalty. A person who violates this chapter commits a civil violation.
A. The court shall adjudge a civil fine of not less than $500 nor more than $2,500 for the
first violation, none of which may be suspended, and a civil fine of not less than $1,000
nor more than $5,000 for a 2nd or subsequent violation of section 4011, none of which may
be suspended.
B. The court may order a person adjudicated as having violated the laws against cruelty to
animals to pay the costs of the care, housing and veterinary medical treatment for the
animal.
C. The court, as part of the judgment, may prohibit a person adjudicated as having
violated the laws against cruelty to animals from owning, possessing or having on the
defendant's premises an animal for a period of time up to and including permanent
relinquishment.
D. The court, as part of the judgment, may order that the defendant submit to and complete
a psychological evaluation for in camera review by the court.
2. Criminal or civil prosecution. A person may be arrested or detained for the crime of
cruelty to animals under Title 17, chapter 42, subchapter III in accordance with the rules
of criminal procedure. A person may not be arrested or detained for the civil violation of
cruelty to animals. The attorney for the State may elect to charge a defendant with either
the crime of cruelty to animals under Title 17, chapter 42, subchapter III or the civil
violation of cruelty to animals under this chapter. In making this election, the attorney
for the State shall consider the severity of the cruelty displayed, the number of animals
involved, any prior convictions or adjudications of animal cruelty entered against the
defendant and such other factors as may be relevant to a determination of whether criminal
or civil sanctions will best accomplish the goals of the animal welfare laws in the
particular case before the attorney for the State. The election and determination required
by this subsection are not subject to judicial review. The factors involved in the
election and determination are not elements of the criminal offense or civil violation of
animal cruelty and are not subject to proof or disproof as prerequisites or conditions for
conviction under Title 17, chapter 42, subchapter III or adjudication under this chapter.
1012. Unlawful sale, consignment or rental of diseased horses
1. Unlawful sale, consignment or rental of diseased horses. A person is guilty of unlawful
sale, consignment or rental of diseased horses if that person receives, offers for sale or
sells at private sale or public auction, consigns or rents any horse which, by reason of
debility, disease or lameness or for other cause could not be worked in the State without
violating the laws against cruelty to animals.
2. Penalty. Unlawful sale, consignment or rental of diseased horses is a Class E crime.
3. Violation. Any licensed auctioneer violating this section may be punished by loss of license in addition to other penalties provided by law.
4. Exception. This section shall not be construed to prohibit the sale to or the purchase of horses by humane societies.
1013. Unlawful production of motion pictures
1. Unlawful production of motion pictures. A person is guilty of unlawful production of
motion pictures if he knowingly or intentionally prepares, manufactures, makes or
participates in the preparation, manufacture or making of any motion picture film or
videotape production involving cruelty to animals during the course of preparation,
manufacture, making or exhibition of the motion picture film or videotape production.
2. Penalty. Unlawful production of motion pictures is a Class E crime.
1021. Possession of animals
1. Possession. A state veterinarian, humane agent, sheriff, deputy sheriff, constable,
police officer, animal control officer, person authorized to make arrests or the
commissioner may apply to the District Court or the Superior Court for authorization:
A. To take possession of any maimed, disabled, diseased, dehydrated, malnourished or
injured animal or any animal whose owner has cruelly abandoned or cruelly treated it and
turn over the animal to the applicant or other suitable person; or
B. To cause the animal to be disposed of humanely.
2. Notice to owner. If the owner is known, a copy of the application must be served upon
the owner with an order of court to appear at a stated time and place to show cause why
the animal should not be taken and turned over to the applicant or other suitable person
or disposed of humanely.
If the owner can not be found by reasonable diligence, or is out of state although a
resident of this State, a copy of the application and order of court must be left at the
owner's last and usual place of abode.
If the owner is not known, then the court shall order a notice to be published at least
once in a newspaper of general circulation in the county where the animal was found,
stating the case and circumstances and giving 48 hours notice of the hearing.
3. Hearing. If it appears at the hearing that the animal has been cruelly abandoned or
cruelly treated by its owner or the animal is maimed, disabled, diseased, dehydrated,
malnourished or injured, the court shall:
A. Direct the applicant or other suitable person to take possession of and provide for the
animal, order its sale, adoption, donation or return of the animal to its owner; or
B. Order the animal to be disposed of humanely if, given reasonable time and care, the
animal's recovery is doubtful.
4. Ex parte order. An ex parte order shall be as follows.
A. A state veterinarian, humane agent, sheriff, deputy sheriff, constable, police officer,
animal control officer, person authorized to make arrests or the commissioner may apply to
the District Court, Superior Court or a justice of the peace for an ex parte order for
authorization to take possession of any maimed, disabled, diseased, dehydrated,
malnourished or injured animal or any animal whose owner has cruelly abandoned or cruelly
treated it and turn it over to the applicant or any other suitable person.
An order may be entered ex parte upon findings by the court or justice of the peace that
there is a reasonable likelihood that:
(1) The defendant is not subject to the jurisdiction of the court for the purposes of a
hearing or the owner cannot be found by reasonable diligence or is out-of-state although a
resident of this State, and there is a danger that unless immediate action is taken:
(a) The condition of an injured, overworked, tormented, tortured, abandoned, poisoned or
mutilated animal, or animal deprived of necessary sustenance, necessary medical attention,
proper shelter or protection from the weather or humanely clean conditions will be
substantially impaired or worsened;
(b) The animal's life will be jeopardized; or
(c) A great degree of medical attention will be necessary to restore the animal to a
normal, healthy condition;
(2) There is a clear danger that if the owner or the owner's agent is notified in advance
of the issuance of the order of court, as provided in subsection 3, the owner or the
owner's agent may remove the animal from the State, conceal it or otherwise make it
unavailable;
(3) There is immediate danger that the owner or the owner's agent will kill or injure the
animal; or
(4) An animal is being or has been injured, overworked, tormented, tortured, abandoned,
poisoned, mutilated, or deprived of necessary sustenance, necessary medical attention,
proper shelter or protection from the weather or humanely clean conditions and, unless an
ex parte order issues allowing the applicant to take possession of the animal, the animal
will die, its condition will be substantially impaired or worsened or medical attention
will be necessary to restore the animal to a normal, healthy condition.
B. This subsection does not apply to animals currently being well cared for when
euthanasia is necessary due to old age or to a person's conduct designed to control or
eliminate rodents, ants or other common pests.
C. On 2 days' notice or such shorter period as the court may prescribe, the applicant who
obtained the ex parte order or the owner whose animal has been possessed pursuant to an ex
parte order may appear in the District Court or Superior Court and move the dissolution or
modification of the ex parte order.
The court shall hear and determine the motion as expeditiously as justice requires.
The moving party shall submit an affidavit setting forth specific facts to substantiate
such findings as would serve to modify or dissolve the order. The opposing party shall
have the burden of presenting evidence to substantiate the original findings.
5. Seizure for observation and examination. Seizure of animals for observation and
examination is as follows.
A. Whenever a humane agent, a state veterinarian or a person authorized to make arrests
has reason to believe that an animal may be disabled, diseased, dehydrated or
malnourished, humane agent, state veterinarian or person shall apply to the District Court
or Superior Court for authorization to take possession of the animal and turn it over to
the applicant or other suitable person for examination and observation for a 30-day
period. At the end of 30 days, the court must receive a report from the person in
possession of the animal and either dissolve the possession order or set the matter for
hearing within 30 days.
B. If the owner is known, the owner must be advised of the time and place of hearing and
asked to show cause why the animal should not be seized permanently or disposed of
humanely.
C. If the court finds at the hearing that the animal is disabled, diseased, dehydrated or
malnourished, the court shall:
(1) Declare the animal forfeited and order its sale, adoption or donation; or
(2) Order the animal to be disposed of humanely if, given reasonable time and care, the
animal's recovery is doubtful.
5-A. Seizure by state humane agent or state veterinarian without court order. A state
humane agent or a state veterinarian who has reasonable cause to believe that a violation
of section 1031 or 1032 has taken place or is taking place may take possession of the
cruelly treated animal. Upon taking possession of an animal under this section, the humane
agent or the state veterinarian shall present the owner with a notice that:
A. States the reason for seizure;
B. Gives the name, address and phone number of the humane agent or the state veterinarian
to contact for information regarding the animal; and
C. Advises the owner of the ensuing court procedure.
If the owner can not be found, the humane agent or the state veterinarian shall send a
copy of the notice to the owner at the owner's last known address by certified mail,
return receipt requested. If the owner is not known or can not be located, the humane
agent or the state veterinarian shall contact the animal shelter or shelters used by the
municipality in which the animal was found. The humane agent or the state veterinarian
shall provide the shelter with a description of the animal, the date of seizure and the
name of a person to contact for more information.
Within 3 working days of possession of the animal, the humane agent or the state
veterinarian shall apply to the court for a possession order. The court shall set a
hearing date and that hearing date must be within 10 days of the date the animal was
seized. The humane agent or the state veterinarian shall arrange care for the animal,
including medical treatment, if necessary, pending the hearing.
The humane agent or the state veterinarian shall notify the owner, if located, of the time
and place of the hearing. If the owner has not been located, the court shall order a
notice to be published at least once in a newspaper of general circulation in the county
where the animal was found stating the case and circumstances and giving 48 hours notice
of the hearing.
It is the owner's responsibility at the hearing to show cause why the animal should not be
seized permanently or disposed of humanely. If it appears at the hearing that the animal
has been cruelly abandoned or cruelly treated by its owner, the court shall declare the
animal forfeited and order its sale, adoption or donation or order the animal to be
disposed of humanely if a veterinarian determines that the animal is diseased or disabled
beyond recovery.
6. Attachment and enforcement of lien. Attachment and enforcement of liens shall be as
follows.
A. Any person taking possession of an animal as provided in this subchapter shall have a
lien for expenses as provided in this subsection unless the complaint is dismissed for
lack of merit. If the complaint is dismissed for lack of merit, the board and the
municipality where the possession occurred may share in paying the lienor's expenses.
B. Expenses covered by this subsection include expenses reasonably incident to taking an
animal into custody such as transportation, food, shelter, veterinary care and expenses of
disposing of an animal taken into custody.
C. The lienor may enforce the lien in the same manner as enforcements of liens on personal
property pursuant to Title 10, chapter 631. In giving judgment for the lien, the
court shall include expenses as set forth in paragraph B, incurred by the lienor from the
date of commencement of proceedings to the entry of judgment or final disposition of the
animal as ordered by the court.
In the event of the sale of the animal, all expenses incurred in transporting, taking,
keeping and caring for the animal shall be deducted from the sale price and the balance,
if any, turned over to the owner.
D. The defendant may appeal as in a civil action, but before appeal is allowed, the
defendant shall give sufficient security to satisfy the applicant or person taking custody
of the animal that he will pay all expenses for its care and support pending appeal.
1022. Prevention of cruelty
The commissioner or any person authorized to make arrests may lawfully interfere to
prevent the perpetration of any act of cruelty upon an animal in that person's presence.
1023. Investigation and reporting of cruelty
1. Investigation. Sheriffs, deputy sheriffs, police officers, constables, animal control
officers and humane agents shall investigate cases of cruelty to animals coming to their
attention and report them to the Department of Agriculture, Food and Rural Resources on
department-approved forms. The department shall refer all cases of cruelty to pet animals
to the board. Upon completion of an investigation, the board for a case involving a pet
animal and the department for any other case shall, if requested, report the result of the
investigation to the person complaining of alleged cruelty.
2. Commissioner role. The commissioner has responsibility for the investigation of any complaints received that involve commercial farmers, harness racing horses, animals used in pulling events or any animal other than a pet animal as defined in section 1011. When conducting an investigation, the commissioner shall determine if acceptable animal husbandry practices are or were complied with and shall make recommendations accordingly.
1031. Cruelty to animals
1. Cruelty to animals. Except as provided in subsection 1-A, a person, including an owner
or the owner's agent, is guilty of cruelty to animals if that person intentionally,
knowingly or recklessly:
A. Kills or attempts to kill any animal belonging to another person without the consent of
the owner or without legal privilege;
B. Except for a licensed veterinarian or a person certified under section 1042, kills or
attempts to kill an animal by a method that does not cause instantaneous death;
C. If that person is a licensed veterinarian or a person certified under section 1042,
kills or attempts to kill an animal by a method that does not conform to standards adopted
by a national association of licensed veterinarians;
D. Injures, overworks, tortures, torments, abandons or cruelly beats or intentionally
mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives
poison or alcohol to an animal; or exposes a poison with intent that it be taken by an
animal. The owner or occupant of property is privileged to use reasonable force to eject a
trespassing animal;
E. Deprives an animal that the person owns or possesses of necessary sustenance, necessary
medical attention, proper shelter, protection from the weather or humanely clean
conditions;
F. Keeps or leaves a domestic animal on an uninhabited or barren island lying off the
coast of the State during the month of December, January, February or March without
providing necessary sustenance and proper shelter;
G. Hunts or sells for the purpose of hunting any animal, except as permitted pursuant to
Title 7, chapter 202-A and Title 12, Part 10;
H. Injects, inserts or causes ingestion of any substance used solely to enhance the
performance of an animal by altering the animal's metabolism to that animal's detriment,
including but not limited to excessive levels of sodium bicarbonate in equines used for
competition; or
I. Commits bestiality on an animal. For purposes of this paragraph, "commits
bestiality" means that a person:
(1) Engages in a sexual act with an animal for the purpose of that person's sexual
gratification;
(2) Coerces anyone to engage in a sexual act with an animal;
(3) Engages in a sexual act with an animal in the presence of a minor;
(4) Uses any part of the person's body or an object to sexually stimulate an animal;
(5) Videotapes a person engaging in a sexual act with an animal; or
(6) For the purpose of that person's sexual gratification, kills or physically abuses an
animal.
For purposes of this paragraph, "sexual act" means any act between a person and
an animal involving direct physical contact between the genitals of one and the mouth or
anus of the other, or direct physical contact between the genitals of one and the genitals
of the other. A sexual act may be proved without allegation or proof of penetration.
This paragraph may not be construed to prohibit normal and accepted practices of animal
husbandry.
1-A. Animal cruelty. Except as provided in paragraphs A and B, a person is guilty of
cruelty to animals if that person intentionally, knowingly or recklessly kills or attempts
to kill a cat or dog.
A. A licensed veterinarian or a person certified under section 1042 may kill a cat or dog
according to the methods of euthanasia under chapter 42, subchapter IV.
B. A person who owns a cat or dog, or the owner's agent, may kill that owner's cat or dog
by shooting with a firearm provided the following conditions are met.
(1) The shooting is performed by a person 18 years of age or older using a weapon and
ammunition of suitable caliber and other characteristics to produce instantaneous death by
a single shot.
(2) Death is instantaneous.
(3) Maximum precaution is taken to protect the general public, employees and other
animals.
(4) Any restraint of the cat or dog during the shooting does not cause undue suffering.
2. Affirmative defense. It is an affirmative defense to prosecution under this section
that:
A. The defendant's conduct conformed to accepted veterinary practice or was a part of
scientific research governed by accepted standards;
B. The defendant's conduct or that of his agent was designed to control or eliminate
rodents, ants or other common pests on his own property; or
C. The defendant's conduct involved the use of live animals as bait or in the training of
other animals in accordance with the laws of the Department of Inland Fisheries and
Wildlife, Title 12, Part 10.
Evidence of proper care of any animal is not admissible in the defense of alleged cruelty
to other animals.
3. Penalty. Cruelty to animals is a Class D crime. If the State pleads and proves that, at
the time a violation of this section was committed, the defendant had been convicted of 2
or more violations of this section, section 1032 or essentially similar crimes in other
jurisdictions, the sentencing class for the crime is one class higher than it would
otherwise be. For purposes of this subsection, the dates of the prior convictions must
precede the commission of the offense being enhanced by no more than 10 years, although
both prior convictions may have occurred on the same date. The enhancement of the crime
for sentencing purposes required by this subsection does not apply if the 2 prior offenses
were committed within a 3-day period. The date of a conviction is deemed to be the date
that sentence is imposed, even though an appeal was taken. The date an offense was
committed is presumed to be the date stated in the complaint, information, indictment or
other formal charging instrument, notwithstanding the use of the words "on or
about" or the equivalent. In addition to any other penalty authorized by law, the
court shall impose a fine of not less than $250 for each violation of this section. The
court may order the defendant to pay the costs of the care, housing and veterinary medical
treatment for the animal.
The court, as part of the sentence, may prohibit the defendant from owning, possessing or
having on the defendant's premises an animal or animals as determined by the court for a
period of time, up to and including permanent relinquishment, as determined by the court.
A person placed on probation for a violation of this section with a condition that
prohibits owning, possessing or having an animal or animals on the probationer's premises
is subject to revocation of probation and removal of the animal or animals at the
probationer's expense if this condition is violated. The court as part of the sentence may
order, as a condition of probation, that the defendant be evaluated to determine the need
for psychiatric or psychological counseling, and, if it is determined appropriate by the
court, to receive psychiatric or psychological counseling at the defendant's expense.
4. Criminal or civil prosecution. A person may be arrested or detained for the crime of
cruelty to animals in accordance with the rules of criminal procedure. A person may not be
arrested or detained for the civil violation of cruelty to animals. The attorney for the
State shall elect to charge a defendant with the crime of cruelty to animals under this
section or the civil violation of cruelty to animals under Title 7, section 4011. In
making this election, the attorney for the State shall consider the severity of the
cruelty displayed, the number of animals involved, any prior convictions or adjudications
of animal cruelty entered against the defendant and such other factors as may be relevant
to a determination of whether criminal or civil sanctions will best accomplish the goals
of the animal welfare laws in the particular case before the attorney for the State. The
election and determination required by this subsection are not subject to judicial review.
The factors involved in such election and determination are not elements of the criminal
offense or civil violation of animal cruelty and are not subject to proof or disproof as
prerequisites or conditions for conviction under this subsection or adjudication under
Title 7, section 4011.
1034. Application for search warrant
A law enforcement officer or humane agent, having probable cause to believe that a
violation of section 1031, 1032 or 1033 has taken place or is taking place, shall enter
the premises where the animal is kept with the consent of the owner or shall make
application for a search warrant. If the judge or justice of the peace is satisfied that
probable cause exists, he shall issue a search warrant directing a law enforcement officer
or humane agent in the county to proceed immediately to the location of the alleged
violation and directing the law enforcement officer or humane agent to search the place
designated in the warrant, retaining in his custody, subject to the order of the court,
such property or things as specified in the warrant, including any animal.
1035. Necessary sustenance
No person owning or responsible for confining or impounding any animal may fail to supply
the animal with a sufficient supply of food and water as prescribed in this section.
1. Food. The food shall be of sufficient quantity and quality to maintain all animals in good health.
2. Water. If potable water is not accessible to the animal at all times, it shall be provided daily and in sufficient quantity for the health of the animal. Snow or ince is not an adequate water source.
3. Penalty. Failure to provide a sufficient supply of food or water is a Class D crime.
§ 1036. Necessary medical attention
A person owning or responsible for confining or impounding any animal may not fail to
supply the animal with necessary medical attention when the animal is or has been
suffering from illness, injury, disease, excessive parasitism or malformed or overgrown
hoof. Failure to provide necessary medical attention is a Class D crime.
§ 1037. Proper shelter; protection from the weather and humanely clean conditions
No person owning or responsible for confining or impounding any animal may fail to provide
the animal with proper shelter, protection from the weather or humanely clean conditions
as prescribed in this section.
1. Indoor standards. Minimum indoor standards of shelter shall be as follows.
A. The ambient temperature shall be compatible with the health of the animal.
B. Indoor housing facilities shall be adequately ventilated by natural or mechanical means
to provide for the health of the animal at all times.
2. Outdoor standards. Minimum outdoor standards of shelter shall be as follows.
A. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside,
sufficient shade by natural or artificial means shall be provided to protect the animal
from direct sunlight. As used in this paragraph, "caged" does not include farm
fencing used to confine farm animals.
B. Except as provided in subsection 5, shelter from inclement weather must be as follows.
(1) An artificial shelter, with a minimum of 3 sides and a waterproof roof, appropriate to
the local climatic conditions for the species concerned must be provided as necessary for
the health of the animal.
(2) If a dog is tied or confined unattended outdoors under weather conditions that
adversely affect the health of the dog, a shelter of suitable size with a floor above
ground and waterproof roof must be provided to accommodate the dog and protect it from the
weather and, in particular, from severe cold. Inadequate shelter may be indicated by the
shivering of the dog due to cold weather for a continuous period of 30 minutes.
C. No animal may be confined in a building, enclosure, car, boat, vehicle or vessel of any
kind when extreme heat or extreme cold will be harmful to its health.
3. Space standards. Minimum space requirements for both indoor and outdoor enclosures
shall include the following.
A. The housing facilities shall be structurally sound and maintained in good repair to
protect the animal from injury and to contain the animal.
B. Enclosures shall be constructed and maintained to provide sufficient space to allow
each animal adequate freedom of movement. Inadequate space may be indicated by evidence of
overcrowding, debility, stress or abnormal behavior patterns.
4. Humanely clean conditions. Minimum standards of sanitation necessary to provide
humanely clean conditions for both indoor and outdoor enclosures shall include periodic
cleanings to remove excretions and other waste materials, dirt and trash to minimize
health hazards.
5. Livestock. Livestock must be provided with shelter suitable for the health of the
animal. Livestock must have access to a constructed or natural shelter that is large
enough to accommodate all livestock comfortably at one time. The shelter should be well
drained and protect the livestock from direct sun, rain, wind and other inclement weather.
Notwithstanding this subsection, shelter for equines must be provided in accordance with
subsection 2, paragraph B, subparagraph (1). For purposes of this subsection,
"livestock" includes large game as defined in Title 7, section 1341, subsection
5 kept at a licensed commercial large game shooting area as defined in Title 7, section
1341, subsection 1.
6. Penalty. Failure to provide shelter in accordance with this section is a Class D crime.
Amended in 1997, 1999, 2001.
Reviewed by AAHS in September 2001.
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