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Animal Welfare Laws and How to Help Animals In your Community

Stacey Carson

Animal Control and Humane Wildlife Officer

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The Role of Animal Control

  • Working with shelters, community members, police
  • Preliminary Complaints
  • Animal Cruelty Complaints
  • Animal Welfare Investigations
  • Variety of species covered

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What Laws Do we Have?

  • State Law vs. City Ordinance
  • Title 13: Crimes and Criminal Procedure
    • Chapter 8: Humane and Proper Treatment of Animals
    • Chapter 9: Animals- Repealed
  • Title 20: Internal Security and Public Safety
    • Chapter 193: Domestic Pet or Wolf-Hybrid Control
    • Chapter 194: Welfare of Animals, Sale of Animals

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So… What is Animal Cruelty?

Active vs passive cruelty

The role of education

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Cruelty Vs Neglect

  • Animal neglect is usually the act of omission of care of an animal.
  • This can be due to the owner not able to care for the animals' needs such as food, water, shelter, and veterinary care.

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Cruelty Vs Neglect

Intentional cruelty, or abuse is knowingly depriving an animal of food, water, shelter, socialization, or veterinary care or maliciously torturing, maiming, mutilating or killing an animal.

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Full Statute Definition

§ 352. Cruelty to animals�A person commits the crime of cruelty to animals if the person:�(1) Intentionally kills or attempts to kill any animal belonging to another person without first obtaining legal authority or consent of the owner.�(2) Overworks, overloads, tortures, torments, abandons, administers poison to, cruelly harms or mutilates an animal or exposes a poison with intent that it be taken by an animal.�(3) Ties, tethers, or restrains an animal, either a pet or livestock, in a manner that is inhumane or is detrimental to its welfare. Livestock and poultry husbandry practices are exempted.�(4) Deprives an animal that a person owns, possesses, or acts as an agent for of adequate food, water, shelter, rest, sanitation, or necessary medical attention or transports an animal in overcrowded vehicles.�(5)(A) Owns, possesses, keeps, or trains an animal engaged in an exhibition of fighting; possesses, keeps, or trains any animal with intent that it be engaged in an exhibition of fighting; or permits any such act to be done on premises under his or her charge or control.�(B) Owns, possesses, ships, transports, delivers, or keeps a device, equipment, or implement for the purpose of training or conditioning an animal for participation in animal fighting or enhancing an animal’s fighting capability.�(6) Acts as judge or spectator at events of animal fighting or bets or wagers on the outcome of such fight.�(7) As poundkeeper, officer, or agent of a humane society or as an owner or employee of an establishment for treatment, board, or care of an animal, knowingly receives, sells, transfers, or otherwise conveys an animal in his or her care for the purpose of research or vivisection.�(8) Intentionally torments or harasses an animal owned or engaged by a police department or public agency of the State or its political subdivisions or interferes with the lawful performance of a police animal.�(9) Knowingly sells, offers for sale, barters, or displays living baby chicks, ducklings, or other fowl that have been dyed, colored, or otherwise treated so as to impart to them an artificial color or fails to provide poultry with proper brooder facilities.�(10) Uses a live animal as bait or lure in a race, game, or contest or in training animals in a manner inconsistent with 10 V.S.A. Part 4 or the rules adopted thereunder.�(11)(A) Engages in sexual conduct with an animal.�(B) Possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that it be used for sexual conduct.�(C) Organizes, promotes, conducts, aids, abets, or participates in as an observer an act involving any sexual conduct with an animal.�(D) Causes, aids, or abets another person to engage in sexual conduct with an animal.�(E) Permits sexual conduct with an animal to be conducted on premises under his or her charge or control.�(F) Advertises, offers, or accepts the offer of an animal with the intent that it be subject to sexual conduct in this State. (Added 1989, No. 270 (Adj. Sess.), § 2; amended 1997, No. 130 (Adj. Sess.), § 7; 2003, No. 120 (Adj. Sess.), § 2; 2015, No. 53, § 1; 2017, No. 62, § 10; 2017, No. 112 (Adj. Sess.), § 1, eff. May 1, 2018.)

§ 352a. Aggravated cruelty to animals�A person commits the crime of aggravated cruelty to animals if the person:�(1) kills an animal by intentionally causing the animal undue pain or suffering;�(2) intentionally, maliciously, and without just cause tortures, mutilates, or cruelly beats an animal; or�(3) intentionally injures or kills an animal that is in the performance of official duties while under the supervision of a law enforcement officer. (Added 1997, No. 130 (Adj. Sess.), § 8; amended 2003, No. 120 (Adj. Sess.), § 3; 2015, No. 118 (Adj. Sess.), § 6.)

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Hoarding

(3) Ties, tethers, or restrains an animal, either a pet or livestock, in a manner that is inhumane or is detrimental to its welfare. Livestock and poultry husbandry practices are exempted.

(4) Deprives an animal that a person owns, possesses, or acts as an agent for of adequate food, water, shelter, rest, sanitation, or necessary medical attention or transports an animal in overcrowded vehicles.

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Neglect- Weather Concerns

(3) Ties, tethers, or restrains an animal, either a pet or livestock, in a manner that is inhumane or is detrimental to its welfare. Livestock and poultry husbandry practices are exempted.

(4) Deprives an animal that a person owns,

possesses, or acts as an agent for of

adequate food, water, shelter, rest,

sanitation, or necessary medical attention

or transports an animal in overcrowded

vehicles.

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Animal Fighting

(5)(A) Owns, possesses, keeps, or trains an animal engaged in an exhibition of fighting; possesses, keeps, or trains any animal with intent that it be engaged in an exhibition of fighting; or permits any such act to be done on premises under his or her charge or control.

(B) Owns, possesses, ships, transports, delivers, or keeps a device, equipment, or implement for the purpose of training or conditioning an animal for participation in animal fighting or enhancing an animal’s fighting capability.

(6) Acts as judge or spectator at events of animal fighting or bets or wagers on the outcome of such fight.

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First Steps

  • Obtain information
  • Know who to call
  • Stay safe!

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What other Agencies May be Involved?

  • Agency of Agriculture- livestock investigations (and poultry)
  • No local police department or ACO?
  • HSCC Humane Investigator
  • Injured wildlife
  • Game animals and Exotics

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Law Enforcement and Animal Control’s Steps

  • Concern/complaint documented
  • Preliminary investigation and welfare checks
  • Education and suggestion
  • Warrant
  • Seizure of Animals
  • Trial and Preliminary injunction

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Other Considerations for Investigators

  • Children
  • Elderly
  • Families

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Reactive approaches- Making a Report

  • Who to report to
  • What to look out for and relay to investigators
  • Volunteering for cases- sheltering and transport

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Proactive approaches

  • Get involved with your local DART teams
  • Know who supports animal cruelty legislation in VT
  • Get to know your ACOs and PDs
  • Ask Questions!

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DART Teams

VDART- Vermont Disaster Animal Response Team

  • Also has resources for pet owners on their website
  • Training next month in South Burlington

Red Rover Responders

ASPCA Volunteers

HSUS Animal Rescue Team

  • Responding nationwide to natural disasters and cruelty cases
  • Animal hoarding, puppy mills, dog fighting, etc.

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Animal Cruelty Legislation

Animal Legal Defense Fund

  • State-by-state legislation regarding animals

Protect Our Wildlife (VT)

  • Become a community advocate or volunteer
  • Has current petitions and actions related to trapping and hunting with dogs

ASPCA Advocacy Center

  • National legislation regarding animals

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Other Ways to Help your Local Shelters

  • Volunteer – animal care, dog walker, cat and small animal socializer and help with events.
  • Donate – towels, pet toys, pet food, dog and cat beds, peanut butter, dog and cat treats.
  • Hold a fundraiser – some children hold a birthday fundraiser and ask friends and family to donate certain items for the animal shelter instead of gifts.

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Questions?