Animal
Cruelty
[see
GA
cruelty; contact us]
[see
NY
(handbook & to whom it may concern door hangers)
[see
VA]
Familiarize
Yourself with the Law
Get
to know your State and Federal laws
and those who make them.The
information below is not intended to take the place of legal advice
by a competent attorney.
In
1851, the State of Iowa enacted an anti-cruelty law, 15 years before
Henry Bergh secured legislative consent for the incorporation of the
American Society for the Prevention of Cruelty to Animals (ASPCA)
in 1866. Despite laws to prevent cruelty to animals, Bergh and the
ASPCA found it difficult to get convictions.
The creation of thoughtful, responsible laws that seek to protect
animals from suffering is the first step toward a humane society.
The Iowa Federation of Humane Societies applauds those individuals,
organizations, veterinarians, legislators, and law enforcement officers
who work through legal means to protect animals and relieve their
suffering.
Laws as Tools
Laws are simply one of the tools we can use in our efforts on behalf
of animals. Try not be intimidated by the formidable writing style
and special language peculiar to this profession. The more you study
and use them, the more familiar with them you will become.
Federal Level
Look at federal statutes (the United States Code—laws passed
by Congress), federal regulations (the Code of Federal Regulations)
and federal case law (decisions rendered by federal courts).
The United States Code (USC) contains the text of current public laws
enacted by Congress. It is the official, subject-matter order, compilation
of the federal laws of a general and permanent nature that are currently
in force. Note that the USC does not include regulations issued by
executive branch agencies, decisions of the federal courts, or treaties,
or laws enacted by state legislatures. Regulations issued by executive
branch agencies are available in the Code of Federal Regulations (CFR).
Proposed regulations and regulations adopted so recently that they
are not yet in the CFR, may be found in the Federal Register.
The USC is divided into 50 titles by subject matter. Each title is
divided into sections which may be grouped together as subtitles,
chapters, subchapters, parts, subparts, or divisions. Titles may also
have appendices which may be divided into sections, rules and/or forms.
Compiled and published by the Office of the Law Revision Counsel of
the United States House of Representatives, the USC is available on-line
at <http: //www.law.cornell.edu/uscode>.
The Code of Federal Regulations (CFR) is a codification of the general
and permanent rules published in the Federal Register by the executive
departments and agencies of the federal government. It is the official,
subject-matter order, compilation of the federal regulations of a
general applicability and legal effect, that are currently in force.
The CFR is divided into 50 titles which represent broad areas subject
to federal regulation. Titles are divided into chapters which usually
bear the name of the issuing agency. Chapters are further subdivided
into parts covering specific regulatory areas. Large parts may be
subdivided into subparts. Titles may also have appendices which may
be divided into sections, rules, and/or forms.
Compiled and published by the Office of the Federal Register of the
National Archives and Records Administration, the CFR is available
on-line at <http: //www.access.gpo.gov/nara/cfr/index.html>.
State Level
Look at state statutes (the Iowa Code—laws passed by the state
legislature), state administrative rules (the Iowa Administrative
Code) and state case law (decisions rendered by the state court).
The Iowa Code (IC) is comprised of the general and permanent laws
passed by the state legislature. It is available on-line at <http:
//www.legis.state.ia.us/Code.html>.
The Iowa Administrative Code (IAC) is a codification of rules by which
state agencies enforce and apply state law. It will soon be available
on-line at <http: //www2.legis.state.ia.us/IAC.html>.
Local Level
Refer to city ordinances (laws enacted by city councils) and county
ordinances (laws enacted by county boards).
Laws
and How They Work
There are two types of laws: statutes and case law.
Statutes
Statutes are enacted by either the federal or state legislatures and
address all aspects of public life from agriculture to zoning. When
a legislature enacts a law, it does so in a very general fashion.
Usually the enforcement or execution of the statute is left to the
particular agency charged with that responsibility. The agency in
turn develops regulations (which contain detailed requirements and
an enforcement scheme) to implement the statute.
For example, the State of Iowa enacted a law regarding pound seizure.
It appears in Chapter 145B of the Iowa Code. The Iowa Department of
Agriculture and Land Stewardship was charged with the responsibility
of developing regulations to follow the directions of the statute
in a manner specific enough so that whoever had to comply would know
exactly what was expected of them. These rules appear in Chapter 128
of the Iowa Administrative Code.
Statutes are usually arranged by title or article and section number.
The title or article of a statute covers a very general subject matter
area. Within each title or article are various sections (often designated
by the “§” symbol), each dealing with specific aspects
of the general subject area. Statutes are cited by title or article
and section (instead of by page number).
Case law
Modern case law, or “judge-made” law, is created as a
result of a lawsuit—a controversy between two private parties
or between the government and a private party. Another way laws are
defined is through a court case involving two parties and two different
interpretations of a statute. A court decides the case and that decision
may then be used by other parties to determine the intent of a statute.
There are several types of courts which make case law: trial and appellate
courts exist at both the state and the federal level. A party to a
lawsuit before the trial court who is disappointed with the decision
of the trial court may appeal to the appellate court. Appellate courts
review the decisions of the trial and have the power to reverse the
decisions of the trial courts.
Appeals
Appeals are also significant in administrative or agency proceedings.
For example, the federal Freedom of Information Act provides that
a requester of information who is denied access to records may appeal
that decision within the agency to another official. That official
will have the power to review the initial decision and either affirm
or reverse it. In addition, the Freedom of Information Act provides
that persons who have exhausted all their administrative appeals may
bring suit to challenge the agency’s action on the request for
records before a United States District Court.
Anti-cruelty laws
Cruelty to animals is a criminal offense in all 50 states. Anti-cruelty
laws can be enforced by state or local police officers or sheriff’s
officers. Any citizen who witnesses cruelty can call the appropriate
authorities to stop it or, after the event, can swear out a warrant
for criminal prosecution.
To cite the general anti-cruelty statutes operating in the State of
Iowa, one would refer to:
• Iowa Code chapter 717 Injury to Livestock, § 717.1A
Livestock abuse
• Iowa Code chapter 717B Injury to Animals Other than Livestock,
§ 717B.2 Animal abuse.
Enforcement
Merely because a law is on the books does not mean that it will be
enforced. If the authorities refuse to respond to a cruelty complaint,
citizens can call the local prosecutor’s office to act on the
case and to report the lack of action by the authorities. If satisfaction
is not obtained, citizens can approach the mayor or head of the city
council, or if they are residents of the district in which the cruelty
occurred, they can contact the legislative district’s representative
in the State House to convince him or her that future acts of cruelty
should be investigated.
Do not overlook the power of the press to report the deliberate failure
of local authorities to fulfil their duties and the power of the press
to educate the public about the needs and legal rights of animals.
Just because no statute has specifically addressed an animal-related
issue does not mean that abusive practices in these areas should continue
unchecked. Legal redress is not the only remedy. If no law exists
in your jurisdiction to cover the situation in question, contact with
the media, legislature, or other sources may prove productive.
If
you have any questions as to the appropriateness of any of your actions,
consult an attorney or an animal protection group for guidance.
Building
a Case
Despite the length of this booklet, there are relatively few legal
restraints concerning the treatment of non-human animals. Study all
applicable federal, state, and local laws, and regulations that cover
the nature of animal exploitation that you plan to investigate.
Before Beginning an Investigation
Before you consider any action, evaluate the possible consequences
for you, the animals, and the alleged abuser.
1. What or who is your focus?
a. What is the nature of the exploitation that you want to investigate?
b. How accessible to you is the person, facility, operation, property,
or program in question?
c. What resources do you possess and how do they match up with those
of your focus?
2. What is your goal? Your desired outcome might include one or more
of the following:
a. Criminal prosecution for cruelty;
b. Civil litigation;
c. Termination of government funding;
d. Enhanced regulatory enforcement;
e. Voluntary compliance or similar action by the target;
f. Exposure of conditions and/or issues to public scrutiny; or
g. Information gathering for legislative efforts and lobbying.
The stakes can be high so expect organized, professional, business
or governmental opposition, well-funded defense and media efforts,
a high caliber of legal representation, and governmental inertia.
3. Develop a strategy.
Without careful consideration of how best to achieve your goal, your
efforts will likely go to waste. Merely calling the press or the prosecutor
or confronting others with righteous indignation will not change the
situation and may damage future efforts.
Authorities will not sympathize with you unless you have specific
facts and complaints which are recognized as violations of state or
federal law, regulations, or violations of operating procedures of
the facility in question.
Your most important and influential aids will be your documentation
and your camera. Record when, where, why, what, and how.
a. When, exactly did the alleged animal abuse take place?
b. Where, exactly did the problem occur?
c. Why (in your opinion) did it occur, and why did it occur according
to others?
d. What, exactly occurred to which animals?
e. How did the problem occur (e.g., is this normal procedure, was
a new employee involved, etc.).
4. Document facts carefully.
Careful documentation of events as they occur will limit variations
in your interpretation of what happened and greatly strengthen your
position. Facts must be documented and compared to the law or the
regulations applicable to the situation in question.
Gathering
Evidence
The test for admissibility as evidence is: does the item/evidence
accurately portray what it purports to represent at the time it was
taken?
1. “Chain of custody.”
a. This means that every person who handles or possesses evidence
must be able to say that the evidence is in substantially the same
condition when offered into evidence as it was when seized. The fewer
links (people who handle the evidence) in the chain of custody the
better.
b. Generally, all “links” in the chain of custody must
testify in order to lay a legal foundation for the admission of the
evidence. Any break in the chain of custody can mean the exclusion
of the evidence.
2. Photos as evidence. Photographic evidence must accurately portray
what it purports to represent at the time the photograph was taken.
a. Generally, anyone who has direct, personal knowledge of the photograph
can testify to it (i.e., the actual photographer is not required to
testify).
b. Information relating to the subject matter of the photograph (specifically
when and where it was taken) should be recorded and reflected in the
photograph. For example, a photograph of an animal in a cage should
include a sign that indicates precisely which animal this is, where
the animal is, and the date and time the photograph was taken.
c. The same rules of identification and admissibility apply to motion
pictures and videotape.
d. Staged or contrived evidence is not only inadmissible, it seriously
damages one’s credibility in the eyes of the judge, jury, and
public. Don’t even think about doing this!
3. Interviews as evidence. Line up “committed” (i.e.,
willing to testify, under oath, in court if necessary) experts to
assist in the investigation and follow-up activities.
a. Any forms used to record someone’s words should include the
date, time, place, and persons present.
b. Written evidence should be signed by the interviewer and interviewee.
Corrections, deletions or additions should be initialled by both the
interviewer and interviewee.
c. Interviews should be conducted in the following descending order
of preference.
1. Videotape
2. Audiotape
3. Sworn written statement or affidavit of interviewee.
4. Written statement.
5. Accurate notes of oral interview.
4. Documents as evidence. Each document should have attached to it
the information relating to specifically where and when it was seized,
and by whom.
a. Public documents need to be certified as true and accurate copies
and must meet other requirements before they are admissible in court.
b. The face of private documents must not be altered, modified or
changed in any way. Photocopying a document is not altering it.
5. Physical material as evidence. Make no alterations, modifications,
or changes of any kind to the material. Create an identification system
and inventory for each item indicating specifically where and when
each item was seized, and by whom.
a. Store materials in a manner that will inhibit deterioration or
contamination, thus guarantying the physical integrity of the item.
b. Avoid collecting materials in a fashion that would contaminate
them. For example, do not collect fecal samples from different animals
with the same spatula or spoon.
c. Gather and keep materials separate in individual collection containers.
d. Take samples to be analyzed to the lab immediately. At the lab,
get a receipt and identify the chain of custody within the lab.
6. Animals as evidence. All the techniques and rules of evidence gathering
apply to the animals themselves when they are used as evidence. Like
any other physical evidence, each animal (dead or alive) must be tagged
so it’s clear where and when it was seized, and by whom.
a. Where will seized animals be confined? Is your confinement site
appropriate and secure? Be sure to provide for the legality of your
confinement site (e.g., obtain permits, licenses, check zoning ordinances,
etc.).
b. Be sure to record the physical and psychological condition of the
animals. Have veterinary examinations performed as soon as possible,
preferably on the site of seizure itself.
c. If the animals are seized and you are entrusted with their husbandry,
you must perform perfectly. Anything less will seriously damage your
credibility and minimize the success of subsequent actions.
d. It is absolutely essential to provide committed (i.e., willing
to testify) veterinary care at your confinement site.
e. If a necropsy is to be performed, the dead animal’s body
should not be frozen. Freezing can interfere with tissue analysis.
f. Committed non-veterinary species-appropriate expertise at your
confinement site must be provided.
Playing it Smart
1. Pay attention to your intuition. If, during your work or investigation,
you see animals being treated in a way that troubles you, then chances
are that the animals in question are being exploited or abused.
2. Keep a media list for your area. It should include names, addresses,
phone and FAX numbers, and electronic mail/website information for
all the television and radio stations, and local and regional newspapers
that serve your area. It’s also handy to have names of contact
people for each list entry.
Realize that in making news, the media’s agenda may differ somewhat
from your own. It’s up to you to shape “the spin”
of the story. However, be careful, thoughtful, and honest in your
dealings with the media. If there’s something you would not
be happy about hearing on the news, then don’t say it to a reporter!
Consider the phrase “off the record” to be meaningless.
Don’t be afraid to give the media feedback. It’s a good
way to cultivate a relationship. Contact the Iowa Federation of Humane
Societies if you need help establishing a media list or writing a
press release.
3. Work within the law. If you violate the law (regardless of your
knowledge or intentions) you will not be able to justify your actions
by comparing them to the wrongs being committed against animals. With
few exceptions, our legal system does not recognize a difference between
stealing an animal from its owner (even for the animal’s benefit)
and stealing a stereo from its owner.
Although the Iowa Federation of Humane Societies recognizes the injustice
of treating other animals as property, this organization does not
advocate violating the law as an alternative for dealing with animal
abuse.
Forms for Organizing Your Investigations
The following pages are a set of forms provided for your use in organizing
evidence as you investigate allegations of animal cruelty, abuse,
and neglect. Our intention is that you keep this set in your Handbook
and make reproductions of them as needed. Reproducing them at 155%
will make each form fill an 8.5 x 11-inch sheet of paper.
References for this chapter:
Animals and their Legal Rights: a survey of American laws from 1641
to 1990, Animal Welfare Institute, Washington, DC, 1990.
Barrie, Annmarie, Esq.; Cats and the Law, TFH Publications, Neptune
City, NJ, 1990.
Hazard, Holly; Feeney, Jean; Stanley, Valerie; and Galvin, Roger;
The Animal’s Advocate: Investigating Animal Abuse, Animal Legal
Defense Fund, Inc., 1987.
The following federal websites:
• <http: //www.law.cornell.edu/uscode>
• <http: //www.access.gpo.gov/nara/cfr/index.html>
Complaint
Report
date ____ /____ /____ time ______ (p am p pm) form # _________
complaint lodger’s name
street address city state ZIP
phone/hm phone/wk
complaint lodged against
street address city state ZIP
phone/hm phone/wk
witness’ name
street address city state ZIP
phone/hm phone/wk
witness’ name
street address city state ZIP
Investigator’s
Report
date ____ /____ /____ time ______ (p am p pm) form # _________
weather conditions temperature photos/video (p yes p no)
investigator’s name
street address city state ZIP
phone/hm phone/wk
animal owner’s name
street address city state ZIP
phone/hm phone/wk
animal’s name
location if different from above city state ZIP
primary caregiver (p owner p other: _______________________________________________________
)
veterinarian’s name phone/wk
clinic address city state
Description
of Animal
species (e.g., dog, horse, etc.) predominant breed or mix
gender (p male p female) neutered (p yes p no) age or approx. DOB
coat length (p short p med p long) approx. height approx. weight
predominant color secondary color/s
ID blemishes tatoo/brand descr. of collar/harness/halter
remarkable aspects of——eyes——ears——teeth——feet——tail——mane——horns
other remarkable physical characteristics
Markings (record marking patterns/injuries below)
get
images
Description
of Site
Observation of animal’s general environmental conditions:
size of area number of animals kept in this area
cleanliness/sanitation of area
safety/suitability of area
fencing type condition
shelter type condition size
food container type condition
water container type condition
bedding type condition
animal tethered by: p chain; p rope; p other: _________________________________________________
accessable and adequate protection available from: sun (p yes p no);
precipitation (p yes p no); wind (p yes p no)
Summary of findings:
action taken: p oral warning; p written warning; p summons
odinance/code chapter/section number
Medical
History Information
Canine
rabies vaccination expires ____ /____ /____ confirmed (p yes p no)
distemp./parvo vacc. expires ____ /____ /____ confirmed (p yes p no)
last heart worm test____ /____ /____ specify preventative _____________________________________
last fecal check ____ /____ /____ fecal sample taken (p yes p no)
last wormimg ____ /____ /____ with what ___________________________________________________
current medications:
other vaccinations:
licensed (p yes p no) confirmed (p yes p no)
Feline
rabies vaccination expires ____ /____ /____ confirmed (p yes p no)
distemp. combo vacc. expires ____ /____ /____ confirmed (p yes p no)
last FeLV test ____ /____ /____ confirmed (p yes p no)
last FIV test ____ /____ /____ confirmed (p yes p no)
last fecal check ____ /____ /____ fecal sample taken (p yes p no)
last wormimg ____ /____ /____ with what ___________________________________________________
current medications:
other vaccinations:
licensed (p yes p no) confirmed (p yes p no)
Equine
rabies vaccination expires ____ /____ /____ confirmed (p yes p no)
tetanus vaccination expires ____ /____ /____ confirmed (p yes p no)
encephalitis vacc. expires ____ /____ /____ confirmed (p yes p no)
last fecal check ____ /____ /____ fecal sample taken (p yes p no)
last wormimg ____ /____ /____ with what ___________________________________________________
farrier____________________________________________________________
last visit ____ /____ /____
current medications:
other vaccinations:
Warning
of Violation— Notice to Comply
This is to notify you that you may be contributing to (or allowing
to exist) a condition regarding an animal which constitutes a violation
of the:
p City ordinance
chapter/section number
p County ordinance
chapter/section number
p Iowa Code
chapter/section number
p Iowa Administrative Code
chapter/section number
p United States Code
chapter/section number
p Code of Federal Regulations
chapter/section number
Corrections necessary in order to comply:
Failure to make immediate corrections in order to comply with the
above noted law may subject you to legal action imposing the penalty
provided for the violation. Contact me at the phone number below within
p 24 p 48 hours to prevent further action.
The penalty for this alleged violation is:
p Felony—Class B: confinement for a maximum of 25 years.
p Felony—Class C: confinement for a maximum of 10 years, and
in addition may be sentenced to a fine between $500 and $10,000.
p Felony—Class D: confinement for a maximum of 5 years, and
in addition may be sentenced to a fine between $500 and $7,500.
p Aggravated Misdemeanor: confinement for a maximum of 2 years, and
in addition will be sentenced to a fine between $500 and $5,000.
p Serious Misdemeanor: sentenced to a fine bewteen $250 and $1,500,
and in addition, may be sentenced to confinement for a maximum of
1 year.
p Simple Misdemeanor: either confinement for a maximum of 30 days,
or sentenced to a fine between $50 and $100.
Warning issued to
Residing address
Address at which animal is located
Humane Investigator’s name
daytime phone number evening phone number
Date/Time of issuance
