Minnesota Veterinarians @ Grassroots Animal Rights

October 25, 2008

Cruelty In Transportation

Filed under: Animal Rights — admin @ 5:54 pm

Chapter: 343
  Section: 343.24
  
Subdivision 1
 Penalty.  Any person who does any of the following is guilty of a misdemeanor:
   
   (A) carries or causes to be carried, any live animals upon any vehicle or otherwise, without providing suitable racks, cars, crates, or cages in which the animals can both stand and lie down during transportation and while awaiting slaughter;
   
   (B) except as provided in subdivision 2, paragraph (a), carries or causes to be carried, upon a vehicle or otherwise, any live animal having feet or legs tied together, or in any other cruel or inhumane manner;
   
   (C) transports or detains livestock in cars or compartments for more than 28 consecutive hours without unloading the livestock in a humane manner into properly equipped pens for rest, water, and feeding for a period of at least five consecutive hours, unless requested to do so as provided in subdivision 2, paragraph (b), or unless prevented by storm or unavoidable causes which cannot be anticipated or avoided by the exercise of due diligence and foresight; or
   
   (D) permits livestock to be crowded together without sufficient space to stand, or so as to overlie, crush, wound, or kill each other.
   

Subdivision 2 
 Exceptions
 
   (A) A person may carry or cause to be carried, upon a vehicle or otherwise, a cloven-hoofed animal having legs tied together, if:
    (1) the person transporting the animal is the animal’s owner or an employee or agent of the owner;
    (2) the animal weighs 250 pounds or less;
    (3) the tying is done in a humane manner and is necessary for the animal’s safe transport; and
    (4) the animal’s legs are tied for no longer than one-half hour.
    
   (B) A person or corporation engaged in transporting livestock may confine livestock for 36 consecutive hours if the owner or person with custody of that particular shipment of livestock requests in writing that an extension be allowed. That written request shall be separate from any printed bill of lading or other railroad form

August 27, 2008

Cruelty to Animals

Filed under: Animal Rights — admin @ 12:29 pm

343.21 Overworking or Mistreating Animals; Penalty.
    Subdivision 1.
     Torture. No person shall overdrive, overload, torture, cruelly beat, neglect, or unjustifiably injure, maim, mutilate, or kill any animal, or cruelly work any animal when it is unfit for labor, whether it belongs to that person or to another person.
   
    Subdivision. 2.
     Nourishment; Shelter. No person shall deprive any animal over which the person has charge or control of necessary food, water, or shelter.
   
    Subdivision. 3.
     Enclosure. No person shall keep any cow or other animal in any enclosure without providing wholesome exercise and change of air.
   
    Subdivision. 4.
     Low Feed. No person shall feed any cow on food which produces impure or unwholesome milk.
   
    Subdivision. 5.
     Abandonment. No person shall abandon any animal.
   
    Subdivision. 6.
     Temporary Abandonment. No person shall allow any maimed, sick, infirm, or disabled animal to lie in any street, road, or other public place for more than three hours after receiving notice of the animal’s condition.
   
    Subdivision. 7.
     Cruelty. No person shall willfully instigate or in any way further any act of cruelty to any animal or animals, or any act tending to produce cruelty to animals.
   
    Subdivision. 8.
     Caging. No person shall cage any animal for public display purposes unless the display cage is constructed of solid material on three sides to protect the caged animal from the elements and unless the horizontal dimension of each side of the cage is at least four times the length of the caged animal. The provisions of this subdivision do not apply to the Minnesota State Agricultural Society, the Minnesota State Fair, or to the county agricultural societies, county fairs, to any agricultural display of caged animals by any political subdivision of the state of Minnesota, or to district, regional or national educational livestock or poultry exhibitions. The provisions of this subdivision do not apply to captive wildlife, the exhibition of which is regulated by section 97A.041.
   
    Subdivision. 8a.
     Harming a Service Animal. No person shall intentionally and without justification cause bodily harm to a service animal while it is providing service or while it is in the custody of the person it serves.
   
    Subdivision. 9.
     Penalty.
       (A) Except as otherwise provided in this subdivision, a person who fails to comply with any provision of this section is guilty of a misdemeanor. A person convicted of a second or subsequent violation of subdivision 1 or 7 within five years of a previous violation of subdivision 1 or 7 is guilty of a gross misdemeanor.
       (B) A person who intentionally violates subdivision 1 or 7 where the violation results in substantial bodily harm to a pet or companion animal may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
       (C) A person convicted of violating paragraph (b) within five years of a previous gross misdemeanor or felony conviction for violating this section may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
       (D) A person who intentionally violates subdivision 1 or 7 where the violation results in death or great bodily harm to a pet or companion animal may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
       (E) A person who violates subdivision 8a where the violation results in substantial bodily harm to a service animal may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
       (F) A person who intentionally violates subdivision 1 or 7 where the violation results in substantial bodily harm to a pet or companion animal, and the act is done to threaten, intimidate, or terrorize another person, may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.
       (G) A person who violates subdivision 8a where the violation results in death or great bodily harm to a service animal may be sentenced to imprisonment for not more than four years or to payment of a fine of not more than $10,000, or both.
       (H) A person who intentionally violates subdivision 1 or 7 where the violation results in death or great bodily harm to a pet or companion animal, and the act is done to threaten, intimidate, or terrorize another person, may be sentenced to imprisonment for not more than four years or to payment of a fine of not more than $10,000, or both.
      
    Subdivision. 10.

Restrictions. If a person is convicted of violating this section, the court shall require that pet or companion animals that have not been seized by a peace officer or agent and are in the custody or control of the person must be turned over to a peace officer or other appropriate officer or agent unless the court determines that the person is able and fit to provide adequately for an animal. If the evidence indicates lack of proper and reasonable care of an animal, the burden is on the person to affirmatively demonstrate by clear and convincing evidence that the person is able and fit to have custody of and provide adequately for an animal. The court may limit the person’s further possession or custody of pet or companion animals, and may impose other conditions the court considers appropriate, including, but not limited to:
      (1) imposing a probation period during which the person may not have ownership, custody, or control of a pet or companion animal;
      (2) requiring periodic visits of the person by an animal control officer or agent appointed pursuant to section 343.01, subdivision 1;
      (3) requiring performance by the person of community service; and
      (4) requiring the person to receive psychological, behavioral, or other counseling

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