PAW Cares Act

Summary: This North Dakota section comprises the state's anti-cruelty and animal fighting provisions.

§ 36-21.2-01. Neglect--Definition--Exemptions--Penalty

1. Any person that willfully engages in animal neglect is guilty of a class A misdemeanor.

2. For purposes of this chapter, “neglect” with respect to dogs and cats, means the failure to provide an animal with:

a. Food and water, as appropriate for the species, the breed, and the animal's age and physical condition;

b. Shelter from the elements, as appropriate for the species, the breed, and the animal's age and physical condition;

c. Necessary medical attention; and

d. An environment that is:

(1) Ventilated in a manner appropriate for the species, the breed, and the animal's age and physical condition;

(2) Cleaned in a manner appropriate for the species, the breed, and the animal's age and physical condition; and

(3) Free of conditions likely to cause injury or death to an animal of that species, breed, age, and physical condition.

3. For purposes of this chapter, “neglect” with respect to all animals other than those included in subsection 2, means the failure to provide:

a. Food and water that is:

(1) Appropriate for the species and the breed; and

(2) Sufficient to sustain the animal's health;

b. Minimal protection from adverse weather conditions, as appropriate for the species and the breed; and

c. Medical attention in the event of an injury or illness, as appropriate for the species and the breed.

4. The following do not constitute violations of this section:

a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;

(2) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;

(3) The sport of rodeo;

(4) Animal racing;

(5) The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;

(6) Fishing, hunting, and trapping;

(7) Wildlife management;

(8) The culinary arts;

(9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;

b. The humane or swift destruction of an animal for cause; and

c. Services provided by or under the direction of a licensed veterinarian.

Credits
S.L. 2013, ch. 260, § 3, eff. Aug. 1, 2013.

§ 36-21.2-02. Animal abuse--Definition--Exemptions--Penalty

1. Any person that willfully engages in animal abuse is guilty of a class A misdemeanor for a first or a second offense and a class C felony for a third or subsequent offense occurring within ten years.

2. For purposes of this chapter, “animal abuse” means any act or omission that results in physical injury to an animal or that causes the death of an animal, but does not include any act that falls within the definition of animal cruelty, as set forth in section 36-21.2-03.

3. The following do not constitute violations of this section:

a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;

(2) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;

(3) The sport of rodeo;

(4) Animal racing;

(5) The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;

(6) Fishing, hunting, and trapping;

(7) Wildlife management;

(8) The culinary arts;

(9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;

b. Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock;

c. The humane or swift destruction of an animal for cause; and

d. Services provided by or under the direction of a licensed veterinarian.

Credits
S.L. 2013, ch. 260, § 3, eff. Aug. 1, 2013.

§ 36-21.2-03. Animal cruelty--Definition--Exemptions--Penalty

1. Any person that intentionally engages in animal cruelty is guilty of a class C felony.

2. For purposes of this chapter, “animal cruelty” means:

a. Breaking an animal's bones;

b. Causing the prolonged impairment of an animal's health;

c. Mutilating an animal; or

d. Physically torturing an animal.

3. The following do not constitute violations of this section:

a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;

(2) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;

(3) The sport of rodeo;

(4) Animal racing;

(5) The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;

(6) Fishing, hunting, and trapping;

(7) Wildlife management;

(8) The culinary arts;

(9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;

b. Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock;

c. The humane or swift destruction of an animal for cause; and

d. Services provided by or under the direction of a licensed veterinarian.

Credits
S.L. 2013, ch. 260, § 3, eff. Aug. 1, 2013.

§ 36-21.2-04. Animal abandonment--Definition--Exemptions--Penalty

1. Any person that willfully engages in the abandonment of an animal is guilty of a class A misdemeanor.

2. For purposes of this chapter, “abandonment” means the relinquishment of a person's custody or control, with no intention of reclaiming that custody or control, and without placing the animal into the custody or control of another person that is able to provide care for the animal and who knowingly and willingly accepts that responsibility. The term includes:

a. The desertion of an animal; and

b. The failure to retrieve an animal within forty-eight hours after the agreed-upon conclusion of a boarding contract or other service contract, other than that specified in section 43-29-16.1.

3. The following do not constitute violations of this section:

a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;

(2) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;

(3) The sport of rodeo;

(4) Animal racing;

(5) The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;

(6) Fishing, hunting, and trapping;

(7) Wildlife management;

(8) The culinary arts;

(9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;

b. The humane or swift destruction of an animal for cause; and

c. Services provided by or under the direction of a licensed veterinarian.

4. For purposes of this section, “care” means food, water, and shelter from the elements, as appropriate for the species, the breed, and the animal's age and physical condition, and necessary medical attention.

^^ RETURN TO ALL STATE LAWS ^^