An Act Relating to Aggravated Cruelty to Animals

SENATE PROPOSAL OF AMENDMENT H.679

2002 Page 1

H.679

AN ACT RELATING TO AGGRAVATED CRUELTY TO ANIMALS

The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 13 V.S.A. § 352a is amended to read:

§ 352a. AGGRAVATED CRUELTY TO ANIMALS

A person commits the crime of aggravated cruelty to animals if the person:

(1) intentionally kills an animal by means causing the animal undue pain or suffering; or

(2) intentionally, maliciously and without just cause tortures, mutilates, maims or cruelly beats an animal.

Sec. 2. 13 V.S.A. § 351 is amended to read:

§ 351. DEFINITIONS

As used in this chapter:

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(4) “Humane officer” or “officer” means any law enforcement officer as defined in 23 V.S.A. § 4(11) 20 V.S.A. § 2358, auxiliary state police officers, deputy game wardens, humane society officer, employee or agent who has attended training classes sponsored by a humane society or the Vermont Criminal Justice Training Council, local board of health officer or agent, or any officer authorized to serve criminal process.

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(15) “Animal hoarder” means a person who meets all of the following criteria:

(A) possesses five or more animals;

(B) fails to provide for the animals in violation of subdivision 352(4) of this title;

(D) displays an inability to recognize or understand the nature of or has a reckless disregard for the conditions under which one or more of the animals are living, and the deleterious impact they have on the animal’s health and well-being.

(16) “Living space” means any cage, crate or other structure used to confine an animal in a limited area that serves as its principal housing. Living space does not include a structure in which an animal is not confined.

Sec. 3. 13 V.S.A. § 353 is amended to read:

§ 353. DEGREE OF OFFENSE; SENTENCING UPON CONVICTION

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(b) In addition to any other sentence the court may impose, the court may require a defendant convicted of a violation under section 352 or 352a of this title to:

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(4) Participate in available animal cruelty prevention programs or educational programs, or both, or obtain psychiatric or psychological counseling, within a reasonable distance from the defendant’s residence. If the court determines that the defendant qualifies as an animal hoarder as defined in subdivision 351(15) of this title or that a juvenile is adjudicated delinquent under section 352 or 352a of this title, the court shall order the defendant or the juvenile to undergo a psychiatric or psychological evaluation and to participate in treatment that the court determines to be appropriate after due consideration of the evaluation. The court may impose the costs of such programs or counseling upon the defendant when appropriate.

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Sec. 4. 13 V.S.A. § 362 is amended to read:

§ 362. EXPOSING POISON ON THE LAND

A person who deposits any poison or substance poisonous to animals on his or her premises or on the premise or buildings of another, with the intent that it be taken by an animal, shall be in violation of subdivision 352(a)(2) 352(2) of this title. This section shall not apply to control of wild pests, protection of crops from insects, mice and plant diseases, or the department of fish and wildlife and employees and agents of the state forest service in control of destructive wild animals.

Sec. 5. 13 V.S.A. § 363 is amended to read:

§ 363. SHOOTING BIRDS FOR AMUSEMENT

Except for the taking of game pursuant to Title 10, any person who keeps or uses any live bird for release to be shot for amusement or as a test of marksmanship or provides buildings, sheds, yards, rooms, fields or other areas to be used for such shooting purposes, shall be in violation of subdivision 352(a)(1) 352(1) of this title.

Sec. 6. 13 V.S.A. § 365 is amended to read:

§ 365. SHELTER OF ANIMALS

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(c) A dog, whether chained or penned, shall be shall not be confined in a living space unless it is provided three feet by four feet for 25 pound dogs four feet by four feet for l35 pound dogs and, four feet by five feet for 50 pound, and larger dogs a minimum area of:

(1) three feet by four feet if the dog weighs less than 25 pounds;

(2) four feet by four feet if the dog weighs 25 pounds to 34 pounds;

(3) four feet by five feet if the dog weighs 35 pounds to 50 pounds; and

(4) five feet by five feet if the dog weighs more than 50 pounds.

These specifications shall apply to each animal in a group-housing situation.

(d) An animal confined in a living space that does not meet the minimum area requirements set forth in this section shall be provided with a space sufficient for it to stand and turn about freely and shall be provided an opportunity for at least 30 minutes of daily exercise in an area separate from its living space, unless otherwise modified or restricted by a licensed veterinarian. Separate space for exercise is not required if an animal’s living space is at least three times larger than the minimum requirements set forth in subsection (c) of this section.

(d)(e) A dog maintained out-of-doors must be provided with suitable, wellconstructed housing that, at a minimum, is no larger than necessary for the dog to stand comfortably and turn around and that assures that the dog is protected from wind and draft, and from excessive sun, rain and other environmental hazards throughout the year. Sufficient bedding material, such as straw, shavings or sawdust, or other means of protection from the environment, shall be provided when the ambient temperature falls below that temperature to which a dog is acclimated.

(f) A dog chained to a shelter must be on a tether chain at least twice three times the length of the dog as measured from the tip of its nose to the base of its tail, and shall allow the dog convenient access to the doghouse. The chain shall be of a type commonly used for the size of the dog involved, and shall be attached to the dog by means of a well-fitted collar or harness.

(g) A cat, over the age of two months, shall be provided minimum living space of nine square feet, provided the primary structure shall be constructed and maintained so as to provide sufficient space to allow each cat to turn about freely and to easily stand, sit and lie in a comfortable, normal position. Each primary enclosure housing cats must be at least 24 inches high. These specifications shall apply to each animal in a group-housing situation.

(e)(h) Notwithstanding the provisions of this section, animals may be temporarily confined in spaces a space sufficient for them to stand and turn about freely, provided that they are exercised in accordance with accepted agricultural or veterinarian practices, and are provided sufficient food, water, shelter and proper ventilation.

(f)(i) Failure to comply with this section shall be a violation of subdivisions 352(a)(3) or (4) subdivision 352(3) or (4) of this title.

(j) Notwithstanding the provisions of this section, an animal may be sheltered, chained or confined if doing so is directed by a licensed veterinarian, or is in accordance with accepted agricultural or veterinarian practices.

Sec. 7. 13 V.S.A. § 367 is added to read:

§ 367. FEEDING AND WATERING OF ANIMALS

(a) An animal shall be fed at least once each day, and a cat shall, on a daily basis, be either fed or have sufficient food available, unless otherwise directed by a licensed veterinarian, or not provided or made available in accordance with accepted agricultural or veterinarian practices.

(b) The food shall be free from contamination, wholesome, palatable, and of sufficient quantity to meet the normal daily requirements for the condition and size of the animal and the environment in which it is kept.

(c) An animal shall be provided access to a supply of clean, fresh, potable water provided in a sanitary manner at suitable intervals for the species, and which, in no event, shall exceed 24 hours at any interval.

(d) Food and water containers which can be cleaned shall be accessible to an animal, and shall be located so as to minimize contamination by excretia.

Sec. 8. 13 V.S.A. § 381 is amended to read:

§ 381. TRANSPORTATION BY RAILROAD; REST AND FEEDING

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(b) Violation of the 28-hour rule of this section is a violation of subdivision 352(a)(4) 352(4) of this title.

Sec. 9. 13 V.S.A. § 382 is amended to read:

§ 382. TRANSPORTATION BY TRUCK; REST AND FEEDING

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(b) A person who violates a provision of this section shall be in violation of subdivision 352(a)(4) 352(4) of this title.

Sec. 10. 13 V.S.A. § 383 is amended to read:

§ 383. SHIPPING OF ANIMALS

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(b) Failure to provide such separation shall be a violation of subdivisions 352(a)(3) and (4) 352(3) and (4) of this title.

Sec. 11. 13 V.S.A. § 386 is amended to read:

§ 386. CONFINEMENT OF ANIMALS IN VEHICLES

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Sec. 12. 13 V.S.A. § 387 is amended to read:

§ 387. TRANSPORTATION OF HORSES; VEHICLES

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(d) Failure to comply with this section, or the rules established thereunder, is a violation of subdivision 352(a)(3) 352(3) of this title.

Sec. 13. 13 V.S.A. § 399 is amended to read:

§ 399. ABUSE; DISQUALIFICATION

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(c) Excessive violation of either subsection (a) or (b) of this section shall be deemed a violation of subdivision 352(a)(2) 352(2) of this title.