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NORTH CAROLINA ANIMALS NEED LEGAL HELP

PAWS is advocating and will be a co-sponsor of a grassroots effort to
strengthen NC State Statutes on animal protection. The State animal
cruelty laws at present have no reference to "shelter," and in many
counties you may find dogs and other animals are being tied to trees the
year round with no shelter or without adequate shelter from the weather
and with no hope of legal relief. They are just tied out or left in a pen
without shelter during ice storms, rain and heat.

The underlying problem is the lack of the word or definition of "shelter"
in state law. NC state law requires "necessary sustenance," but that is
not accepted in the Courts as meaning or including "shelter." When animal
investigators across North Carolina have encountered animals being
cruelly treated by being exposed to harsh, inhumane conditions, they have
found that there is no state law to require owners/keepers to provide
shelter for animals. (See pictures.) When NC State Statute 14-360 is
app;ied by animal investigators, judges have deemed it inadequate to
prosecute cases where animals are suffering from the elements because of
lack of shelter.

THE LAW
There are three likely routes to help animals in our Court system: civil
law, especially 19-A cruelty to animals; criminal law NCSS 14-360, and
county ordinance law (see below the Orange County Animal Ordinance). The
problem is that the State laws must be strengthened to include more
definitive descriptions for "act of cruelty." It takes great effort to
effect change in state laws. One avenue that many animal lovers and
protectors have taken is to include in local county ordinances laws that
are strong enough to adequately protect animals (see OC Animal Ordinance
below). However, this does not protect all the animals-statewide.

North Carolina animal lovers, caregivers, and officials whose job it is
to protect animals must unite to 1) provide information to counties
without animal ordinances on how to put in place adequate local animal
protection laws, 2) work to change the state statutes to include
definitions for "shelter" so these statutes can be used successfully to
relieve animals from dire conditions throughout the state, and 3) revisit
all state laws, comparing them with those other states and with model
laws to provide our legislators with strong, usable, progressive
prospective legislation. PAWS issues a call to action to concerned
volunteers who want to work toward more just lives for our animals. If
you want to "help those who cannot help themselves," e-mail PAWS and we
will give you information on how you can take part in effecting these
changes.
Below are three examples to review. The first is the state law on animal
cruelty, which should include "shelter," but does not. The second is a
portion of the Orange County Animal Ordinance that was written to include
protection of animals for shelter. The third is the civil animal cruelty
statute, commonly known as "19-A.".

The most-used NC state statute on animal cruelty law: 14-360
14-360. "Cruelty to animals; construction of section.
(a) If any person shall intentionally overdrive, overload, wound, injure,
torment, kill, or deprive of necessary sustenance, or cause or procure to
be overdriven, overloaded, wounded, injured, tormented, killed, or
deprived of necessary sustenance, any animal, every such offender shall
for every such offense be guilty of a Class 1 misdemeanor.
(b) If any person shall maliciously torture, mutilate, maim, cruelly
beat, disfigure, poison, or kill, or cause or procure to be tortured,
mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any
animal, every such offender shall for every such offense are guilty of a
Class 1 felony. However, nothing in this section shall be construed to
increase the penalty for cockfighting provided for in G.S. 14-362.
(c) As used in this section the words "torture", "torment", and "Cruelly"
include or refer to any act, omission, or neglect causing or permitting
unjustifiable pain, suffering, or death. As used in this section, the
work "intentionally" refers to an act committed knowingly and without
justifiable excuse, while the word "maliciously" means an act committed
intentionally and with malice or bad motive. As used in this section, the
term "animal" includes ever living vertebrate in the classes Amphibia,
Reptilia, Aves, and Mammalia except human beings. However, this section
shall not apply to the following activities:
(1) The lawful taking of animals under the jurisdiction and regulation of
the Wildlife Resources Commission, except that this section shall apply
to those birds exempted by the Wildlife Resources Commission from its
definition of "wild birds" pursuant to GS 113-129(15a).
(2) Lawful activities conducted for purposes of biomedical research or
training or for purposes of production of livestock, poultry, or aquatic
species.
a. Lawful activities conducted for the primary purpose of providing food
for human and animal consumption.
(3) Activities conducted for lawful veterinary purposes.
(4) The lawful destruction of any animal for the purposes of protecting
the public, other animals, property, or the public health (1881, c 34, s.
1; c 368, ss 1, 15; Code ss. 2482, 2490; 1891, c65; Rev., s 3299; 1907, c
42; C.S. s. 4483; 1969, c. 1224, s 2; 1979, c. 641; 1985 (Reg, Sess,
1986), c967, s. 1; 1989, c 670, s 1; 1993, c. 39, s 239; 1994, Ex.Sess.,
c. 24, s. 14); 1998-212, s. 17.16(c); 1999-209, s8.)





Orange County, NC, Animal Ordinance:

Section VII - Definitions

1. Adequate Food: The provision at suitable intervals, not to exceed 24
hours, of a quantity of wholesome foodstuff suitable for the species and
age, sufficient to maintain a reasonable level of nutrition in each
animal. Such foodstuff shall be served in a receptacle, dish, or
container that is physically clean and in which agents injurious to
health have been removed or destroyed to a practical minimum.

2. Adequate Shelter: That shelter which will keep a nonaquatic animal
dry, out of the direct path of winds, and out of the direct sun, at a
temperature level that is healthful for the animal. For dogs, cats and
other small animals, the shelter shall be a windproof and moistureproof
structure of suitable size to accommodate the animal and allow retention
of body heat. It should include four walls, a roof and a solid floor
raised up off the ground, with an opening entrance large enough to allow
access to the animal, but placed in such a way as to keep the animal out
of the direct path of winds. Metal barrels do not provide adequate
shelter for a dog, cat or other small animal and are prohibited for that
purpose. The structure shall be provided with a sufficient quantity of
suitable bedding material consisting of hay, straw, cedar shaving, or the
equivalent. For all animals the containment area shall be free of
accumulated waste and debris so that the animal shall be free to walk or
lie down without coming in contact with any such waste or debris, and a
suitable method of draining shall be provided to eliminate rapidly excess
water or moisture. Aquatic or semi-aquatic animals shall have an adequate
amount of clean water in which to move.

3. Adequate Water: A constant access to supply of clean, fresh water
provided in a sanitary manner.

4. Animal: Any live, vertebrate creature specifically including but not
limited to dogs, cats, farm animals, birds, fish, and reptiles.

11. Cruel and Cruel Treatment: Every act, omission, or neglect whereby
unjustifiable physical pain, suffering, or death is caused or permitted;
such acts or omissions shall include, but not limited to, beating,
kicking, hanging, submerging under water, suffocating, poisoning, setting
on fire, and depriving of food, water, and medical treatment, or other
wise subjecting the animal to conditions detrimental to its health or
general welfare. Such terms, however, shall not be construed to include
lawful taking of animals under the jurisdiction and regulation of the
Wildlife Resources Commission, lawful activities sponsored by agencies
conducting biomedical research or training, lawful activities for sport.

Section X - Mistreatment of Animals Unlawful. The following acts or
failure to act relating to the mistreatment of animals are unlawful and
violations of this ordinance:

A. It shall be unlawful for any person to subject or cause to be
subjected any animal to cruel treatment or to deprive or cause to be
deprived any animal of adequate food and water. With respect to
domesticated animals or wild animals in captivity or under restraint, it
shall additionally be unlawful to deprive or cause to be deprived any
such animal of adequate shelter or veterinary care.

NC SS 19-A echoes 14-360

Under 19-A the terms "cruelty" and "cruel treatment" include every act,
omission, or neglect whereby unjustifiable physical pain, suffering, or
death is caused or permitted; but these terms shall not be construed to
include lawful taking of animals under the jurisdictions and regulation
of the Wildlife Resource Commission, lawful activities sponsored by
agencies conducting biomedical research or training, lawful activities
for sport, the production of livestock or poultry, or the lawful
description of any animal for the purpose of protecting such livestock or
poultry.

CALENDAR FOR A GRASS ROOTS MOVEMENT

2004 is the short session for the NC Congress. This means it will be 2005
before a bill to provide a law to require adequate shelter for animals
can be introduced. This is a timeline that will give the time needed to
write the legislation, to show the need for it, and to gather support.

HELP NOW: This is a call to action to concerned volunteers who want to
work toward more just lives for our animals. If you want to "help those
who cannot help themselves," e-mail PAWS and we will give you information
on how you can take part in effecting this change.