ANSC 250 1st Edition Lecture 11 Outline of Last Lecture I Cruelty neglect and abuse II Animal cruelty cases III Why should we care about animal cruelty IV Animal abuse and domestic violence V What s being done about animal cruelty Outline of Current Lecture I Basics of animals under the law II Federal laws III State laws IV Local laws Current Lecture I Basics of Animals Under the Law A Keep in mind that just because there is a law in place to protect animals does not mean it is properly enforced B Under the law animals are considered property This protects the animals from thef But does not provide for compensation above market value cruelty or veterinary malpractice dog cat chair no consideration of emotional bond live stock C Were companion animals considered under early animal protection legislation i NO horses and livestock very valuable food and work property status D Federal laws are minimal in scope and number State and local laws are variable and more numerous E Animal law is a growing field with new specializations and courses available courses and specializations in law schools Bar Associations subcommittees Animal Legal Defense Fund national organization with law students to enhance animal cruelty laws These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute F One of the main concerns regarding animals under federal law involves their property status interstate commerce etc II Federal Laws A Which law was originally passed to protect pets from theft and preventing the sale of these stolen pets for research i ii Animal Welfare Act 1966 protect pet owners from thef prevent sale of pets for research But First federal law 28 Hour Law of 1877 Food water and rest required for livestock being transported across state lines interstate commerce B The AWA applies to dogs cats primates and certain other mammals commercial dog cat breeding operations dealers exhibitors carriers and research facilities C The AWA does not apply to i ii iii iv v vi Private pet ownership in homes Retail pet stores Shelters and rescues Non mammals species birds reptiles amphibians Rats and mice for research Animals bred and raised for food D The United States Department of Agriculture USDA enforces the AWA How many inspectors were there to cover over 9 000 licensed facilities licensing inspections fines i 100 inspectors E Which federal law defines service animals i ii Americans with Disabilities Act ADA ensures equal opportunity for individuals with disabilities defines service animals Fair Housing Act allows these animals in rental housing F A service animal is i ii iii iv A dog trained to perform tasks for an individual with a disability Other animals domestic or wild do not qualify Dogs not trained to perform tasks including for emotional support do not qualify Service dogs cannot be discriminated against based on breed G Which federal law was put into place after Hurricane Katrina to protect pets in disaster situations i Pets Evacuation Transportation Standards Act PETS Act requires states to accommodate for pets and service animals in evacuation plans H The two federal acts that address dog fighting are i ii Animal Fighting Prohibition Enforcement Act of 2007 upgraded punishments for fighting animals Animal Fighting Spectator Prohibition Act of 2014 allows for spectators attending animal fights to be charged harsher penalties for bringing minors I It is illegal to import or export dog or cat fur in the United States as well as transporting it across state lines J The Uniform Marital Property Act of 1983 recognizes animals as property which causes them to be involved in many custody disputes during divorces III State Laws A Which state has the best laws in place for protecting animals i Humane Care for Animals Act Chapter 510 of the Illinois Compiled Statutes statute 70 and all of its sections B Who enforces Illinois state laws pertaining to animals What is their department s main focus i Illinois Department of Agricultural main focus food animals advocate for Illinois agricultural industry to benefit consumers agricultural industry and natural resources promote agri business C State laws require licensing and inspection of the following places i ii iii Pet stores Breeding and boarding kennels Animal shelters D The main law regarding private ownership of companion animals in Illinois is the Humanes Care for Animals Act E Basic Definitions i ii Animal means every living creature domestic or wild but does not include man Owner means any person who a has a right of property in an animal b Keeps or harbors an animal c Has an animal in his care or d Acts as custodian of an animal F Owner s Duties i Each owner shall provide for each of his animals a Sufficient quantity of good quality wholesome food and shelter b Adequate shelter and protection from the weather c Veterinary care when needed to prevent suffering and d Humane care and treatment A When tethering an animal i Animal cannot have a condition that causes it to suffer from tethering ii Cannot become entangled with other dogs iii Tether cannot be more than 1 8 the dog s body weight or a log tow chain iv Must be at least 10ft in length v Must be fitted with a proper harness or collar no choke or prong collars vi Cannot reach public walkways or other person s property H Cruel Treatment i ii No person or owner may beat cruelly treat torment starve overwork or otherwise abuse any animal No person may abandon any animal where it may become a public charge or may suffer injury hunger or exposure I Aggravated Cruelty i ii No person may intentionally commit an act that causes a companion animal to suffer serious injury or death Does not include euthanasia by a licensed veterinarian J Animal Torture i ii A person that without legal justification knowingly or intentionally tortures an animal Torture means infliction of or subjection to extreme physical pain motivated by an intent to increase or prolong the pain suffering or agony of the animal K Depiction of Animal Cruelty i Any visual or auditory depiction including any photograph motion picture film video recording electronic image or sound recording that would constitute a violation of the Humane Care for Animals Act L Under Illinois state law what are the two cases where mandatory psychological evaluation and treatment are required i Misdemeanor vs felony requires for juveniles and hoarders M What are the