Every state has slightly different regulations for dealing with animals and it is important to understand the laws for your area. Here are some helpful links:
LEGISLATION REGARDING RESCUE NATIONAL SITES – *Animal Welfare Information Center:
*Kennel Facilities Info:
*Dog Bite Laws:
*Puppy Lemon Laws: http://www.malteseonly.com/lemon.html (Note- 12 states have official Puppy Lemon Laws) *Animal Cruelty Definitions and Information State by State:
*Community Spay/Neuter Ordinances:
* General Information-40 States now legislate that Animal Cruelty is a Felony. 18 States have legislated that Animal Abandonment is a crime. *General Information-Current proposed Anti-Animal Fighting Bills in Congress-HR 1532 & S 736 (Updated as of 11/20/03) *Transportation of Animals across State Lines
(Note-this site provides state by state rules for transport overseen by the USDA for more information call (603) 271-2404) *Wolf &Wolf Hybrid State Legislation:
*DEFINITION: Rescue Group falls under the definition of Animal Welfare Organization-“Any unincorporated nonprofit organization or business entity existing for fostering and adopting dogs and cats to the public.” OR: defined as an Animal Shelter-“. . :and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare organization, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.” *QUALIFICATIONS: Mandatory spay/neuter prior to adoption. . *SOURCE: HB323/2002-
323.htm *QUALIFICATIONS: State law mandates that each county or municipality (above 5,000 people) have a “pound” to take in stray animals. *SOURCE: Alabama Code 1975-
*DEFINITION: Foster Home-no definition at the state level. *REGULATION: Regulation of Animal Welfare falls to the Department of Agriculture and Industries. *SPAY/NEUTER: The sale of spay/neuter vehicle license plates goes to subsidize spay/neuter programs in recognized Animal Shelters (SB121-passed 1999).
ARIZONA – Sidney Hardie [email protected]
*DEFINITIONS: Rescue or Foster Home-there is no definition of Rescue or Foster Home at the state level *QUALIFICATIONS: Mandating of County Pound-“The board of supervisors in each county may provide or authorize a county pound or pounds or enter into a cooperative agreement with a city, a veterinarian or an Arizona incorporated humane society for the establishment and operation of a county pound.” Also provides for sale or humane disposition. (Note-licensing and vaccinations shall not be required if the dog or cat “is to be used for medical research.”
*DEFINITION: Animal Shelter-“means a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit corporate organization devoted to the welfare, protection and humane treatment of animals.” *QUALIFICATIONS: “A dog or a cat shall not be released for adoption from a county, city or town pound or from an animal shelter unless. . .” the animal has been spayed/neutered; with qualifications.
ALASKA – *Anti-Cruelty Statutes:
*DEFINITION: There is no definition of Rescue Group/Animal Control/Humane Societies at the state level. *RESTRICTIONS: Set up and regulation of Animal Control/Shelters is mandated to county or local governments. In most cases this falls under the general heading, at those levels, as a Department of Animal Protection and officers are known as Animal Protection Field Officers who perform law enforcement functions as well as patrol and “capture, detain, control and transport stray, dangerous, injured or dead animals.” They also enforce animal control ordinances and issue citations.
*PUPPY LEMON LAW-state law is targeted at commercial establishments (pet stores). Return for contagious or infectious diseases within 10 days, return for congenital or hereditary defects within 10 days, reimbursement for Vet Bills up to the purchase price of the dog. *REGULATION: Animal welfare, euthanasia, and impoundment fall under the authority of the State Board of Health under Title 20- Public Health & Welfare of the Arkansas Code. The establishment of animal shelters, whether county or city are left to the local governments. *DEFINITION: Rescue there is no definition of Rescue or Pet Animal Rescue at the state level. *DEFINITION: Animal Shelter the only definition of animal shelter is a voluntary certification program (ARCode 20-19-104) which is based on the shelter standards published by the HSUS and training and certification is administered by the Arkansas Animal Control Association. *DEFINITION: Humane Societies are defined as not-for-profit groups for the prevention of cruelty to animals “are public organizations necessary to protect the health, safety, and general welfare of the citizenry of this state and are discharging a government function.” Funding for humane societies comes from the “appropriation of public funds” (ARCode 20-19-101).
*DEFINITION: Rescue Group: “An organization that takes animals from sheltering organizations to provide focused resources for a particular breed or type of animal. Typically, these organizations do not have their own shelter, but are a network of interested parties that act as foster homes.” (Note-This is not the official California legal definition.) *SOURCE: UC Davis School of Veterinary Medicine-
*DEFINITION: Rescue Group: “. . .a rescue group is a for profit or not for profit entity, or a collaboration of individuals with at least one of the purposes being the sale or placement of dogs that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animal shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that dog.” *SOURCE: CA Codes-Food and Agriculture Code Section 30503. (a). *REGULATION: Set up and regulation of animal control agency or shelter is left to the county or local governments. *Hayden Bill (SB 1785)-Law passed in 1998 that, among other things, defines holding periods for animal shelters.
23_chaptered.html *INTENT: The Hayden Law is intended to end unnecessary euthanasia by the year 2010. *OVERVIEW: The Hayden Law is described as the law that extends the time a stray spends in a shelter or pound before final deposition is decided. This may include adoption, release to a not for profit Humane Society or Rescue group, or euthanasia. Along with this it sets guidelines for veterinary care and humane treatment. *DEFINITION: Rescue Group is defined as a not for profit 501 (c-3) federally registered animal welfare group. *DEFINITION: Proper record keeping must be kept including medical treatment as to circumstance, description, vet name and final disposition. *DEFINITION: The Hayden Act also requires the use of proper ID which may include microchip or any other nonelectronic identification. *SHELTER REQUIREMENTS: (Sec 12-31108 (b) “Any stray dog that is impounded pursuant to this division shall, prior to the killing of that animal for any reason other than irremediable suffering, be released to a nonprofit, as defined in Section 501 (c) (3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled killing of that animal.” The section goes on to say that the shelter/pound can assess a spay/neuter fee not to exceed the adoption fee for any animal released to a Rescue. *Vincent Bill (AB 1856)-Law passed in 1998 that, among other things, defines spay/neuter requirements for animal shelters.
9980923_chaptered.html *MANDATES: It is the purpose of the Vincent Bill to require that all impounded animals be either spayed or neutered prior to adoption unless a certified veterinarian advises against alteration due to health reasons. Also imposes stiff fines for owners of unaltered dogs who have been impounded. *QUALIFICATIONS: According to the California Food & Agriculture Code sec 31108 (b)-“Except as provided in Section 17006, any stray dog that is impounded pursuant to this division shall prior to the euthanasia of that animal, be released to a nonprofit, . . ., animal rescue or adoption organization if requested prior to the scheduled euthanasia of that animal.” The Code goes on to say that a nonprofit adoption organization (such as a Rescue) can enter in to a cooperative agreement to take and place the dog. *SOURCE:
Wais *QUALIFICATIONS: California Food & Agriculture Code sec 17006 has to do with euthanasia of companion animal who are too sick or injured or puppies who have been impounded without their mother. *PUPPY LEMON LAW: Law applies to anyone selling more than 50 dogs per year (update 4-6-01 pertains to anyone who sold, transferred, or gave away two or more litters during the preceding year.) Return for contagious or infectious disease-15 days. Return for congenital or hereditary defects-1 year. Failure to produced advertised registration papers within 120 days, or return of dog for full refund, 75% if the purchaser keeps the dog. Replacement plus reimbursement of vet expenses related to certifying the dog’s illness up to the price of the dog plus sales tax. Refund plus vet expenses related to certifying the dog’s illness up to the price of the dog plus tax. Reimbursement of Veterinary expenses to treat the dog up to 150% of the purchase price plus tax.
(Note-laws pending “to grant pet owners rights to pain and suffering damages as well as punitive damages for abuse and neglect.” Source-DVM The Newsmagazine of Veterinary Medicine 10-1-03.
DISTRICT OF COLUMBIA –
*DEFINITION: There is no definition of Rescue group. *RESTRICTIONS: Animal Rescue and adoption are handled by four groups. 1). Washington Humane Society (WAS) 2). District of Columbia Animal Shelter (operated by WAS) 3). Washington Animal Rescue League 4). D.C. Animal Control Facility (operated by the Environmental Health Administration-Animal Disease Prevention Division). Animal Control enforces the laws, investigates dangerous dogs, and issues dog licenses among other duties. *QUALIFICATIONS: Each of these four groups also adopt out animals to new homes using their own procedures.
GEORGIA – Cindy Goodman, [email protected]
*DEFINITIONS: Rescue Group falls under the category of Animal Shelter-“. . .and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.” *LICENSING: It is unlawful for an “Animal Shelter” to operate unless it “has a valid license issued by the Commissioner of Agriculture.” Failure to comply with licensing is a misdemeanor. Qualifications-Licensing is done according to provisions of Chapter 5 of Title2, “Department of Agriculture Regulation, License, and Permit Act” on a proper form from the Agriculture Department. License Fees-A license to operate shall be issued for a period of 12 months from the date of issue and the fees shall “be determined by the gross dollar of animal sales, the capacity of the facility or the number of animals present.” For Animal Shelters it is based on holding capacity (including Foster Homes). 1). Capacity for up to 20 animals– $100.00 2). Capacity for over 20 animals– $200.00 Inspection-any facility, public or private, may be inspected at any time to see that strict compliance is maintained for sanitation, humane care and record keeping (kept for 12 months). *DEFINITIONS: Foster Home “means any place routinely or in the practice of providing temporary care of animals, except equine. A Foster Home must be under a written contract with a licensed animal shelter. A Foster Home will be considered an agent of the animal shelter, and not an animal shelter itself.” *JURISDICTION: The licensing, inspection and the general overseeing of animal protection agencies falls under the Department of Agriculture and specifically to the Animal Protection Section. *SOURCE: Georgia Animal Protection Act Official Code of Georgia Annotated 4-11-1 through 4-11-17 adopted 1986.
Act.pdf Rules of Georgia Department of Agriculture Animal Protection Division Chapter 40-13-13 Animal Protection Amended September 13,2001
091301.pdf *SPAY/NEUTER PROGRAM: State run fund for low cost spay/neuter program available to individuals and Rescues through participating veterinarians. Program is supported in part by sales of the new spay/neuter vehicle license plates. For more information call the Dept of Agriculture at 1-800-285-5852. *DOG AND CAT STERILIZATION FUND (DCSF)-As of January, 2003 the sale of “Animal Friend” specialty license plates at an additional cost of $25.00 goes to the support (all except $1.00) of the DCSF. Also contributions can be sent to the following address: DCSF P.O. Box 347043 Atlanta, GA 30334-7043 The “Animal Friend” plate can be view at
*DEFINITION: There is no definition for Rescue/Animal Control/Humane Society at the State level. *RESTRICTIONS: Animals in need of “rescue” are handled by the Hawaiian Humane Society who is contracted for that purpose.
ILLINOIS -Marilee Larson, [email protected]
(Note-passed laws in 2002 “to grant pet owners rights to pain and suffering damages as well as punitive damages for abuse and neglect.” Source-DVM The Newsmagazine of Veterinary Medicine 10-1-03) *DEFINITION: Rescue is defined as a type of shelter: “Dog dealer means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs in this State.” *DEFINITION: Rescue shelter is defined as: “Animal shelter means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.” *DEFINITION: Foster homes: must first obtain a permit from the shelter for which it will operate the foster home for. “Foster homes shall provide the care for animals required by this Act and shall report any deviation that might affect the status of the license or permit to the animal shelter.” “A foster home shall not care for more than 4 animals at any one time.” *LICENSING REQUIREMENTS: Yearly fees paid to the Dept. of Agriculture for deposit in to the General Revenue Fund of the State Treasury. “ *COST for licensing rescue: $25.00/year *COST for licensing each Foster Home: $25.00/year *SOURCE: Illinois Compiled Statutes, Professions and Occupations, Animal Welfare Act 225 ILCS 605/ *RESTRICTIONS: “No animal shelter or animal control facility shall release dogs or cats to an individual representing a rescue group unless the group has been licensed by the Illinois Dept. of Agriculture or incorporated as a not-for-profit organization.” *MICROCHIPPING/RECORDKEEPING: “licensing/registration & microchipping of cats as well as dogs, imposes animal and litter registration permits at the County & shelter level with the attendant recordkeeping responsibilities, and mandates state licensors and/or incorporation of rescue groups.” *SOURCE: Illinois General Assembly HB 184 (Animal Control Act) and amended 2003.
*DEFINITION: No definition for Rescue/Animal Control/Humane Society at the State level. *RESTRICTIONS: “Animal shelters and animal control agencies are local institutions usually overseen by city or county government or a nonprofit organization.” *SOURCE: Indiana Dept. of Agriculture, Board of Animal Health
*DEFINITION: No definition for Animal Rescue/Foster Home in the Louisiana Revised Statutes. *DEFINITION: Animal Shelter is defined under RS 3-2462 as “any building, structure, site, enclosure or other facility used or operated for the housing or keeping of any stray, homeless, abandoned or unwanted animals including any facility designated by the parish governing authority, . . . .”
QUALIFICATIONS: Establishment of Shelters or Animal Control Facilities are left to cities (depending on size) and to Parishes under regulation of the Department of Agriculture & Forestry. These Shelters are regulated as to general standards (RS3-2463), shelter construction (RS3-2464), operating procedures (RS3-2465) DEFINITION: Rescue could loosely fall under the definition of Releasing Agency as defined in Part VI. PET OVERPOPULATION CONTROL (RS3-2471) “means an animal pound, shelter, humane organization, or animal control agency, whether public or private. The term does not include an individual who occasionally renders humane assistance or shelter in the individual’s home to a dog or cat.” The Pet Overpopulation Control section states that provisions “shall be made for the sterilization of all dogs and cats sold or released for adoption. . .” by a Louisiana licensed veterinarian in the form of a sterilization agreement with the adopter.
*DEFINITION: Rescue: falls under the category of “Animal Shelter” and must be registered with the state, comply with basic housing/care guidelines. All records of intake, expenses, etc. must be kept for 2 years. (Note-a small Rescue group operating out of someone’s house would not qualify.) *DEFINITION: Foster homes: No definition *SOURCE: Michigan Compiled Laws, Animal Industry Division, No. 287 of the Public Acts of 1969
2850 *LICENSING REQUIREMENTS: One time registration with the Michigan Dept. of Agriculture (MDA) with no provision for yearly inspection. *COST: No charge. *PROPOSED LEGISLATION: The following are proposed definition amendments to Act 287 of 1969. *DEFINITION: Animal Placement Group: “means any person or entity not registered as an animal control shelter or animal protection shelter, but who boards and/or houses animals in one or more foster homes in order to find or provide permanent homes for such animals. A pet trade retail entity is not an animal placement group. A person who breeds his or her own animals is not an animal placement group.” (Note: At this point Rescue would fall under this category.) *DEFINITION: Foster Home: “means a person or entity providing care and/or rehabilitation of animals under agreement with an animal protection shelter, an animal control shelter, or animal placement group.” *DEFINITION: Animal Protection Shelter: “means a facility other than a private residential dwelling whose primary purpose is to care for animals and that is owned, operated, or maintained by a non-governmental entity including, but not limited to, a humane society, animal welfare organization, society for the prevention of cruelty to animals or any other organization that finds or provides permanent homes for such animals. An Animal Placement Group or a Foster Home is not an Animal Protection Shelter. *DEFINITION: Animal Control Shelter: “means a facility operated by a municipality for the impoundment, care, and/or adoptive placement of animals that are found in the street or at large, animals that are otherwise held due to violation of a municipal ordinance or a state law, or animals that are surrendered to the animal control shelter. An Animal Placement Group or a Foster Home is not an Animal Control Shelter. *NOTE: These are not yet legal definition in the state of Michigan. At this point (11/03) these are still in the planning committee and some versions of these definitions may eventually end up as law.
*DEFINITION: There is no definition for Animal Rescue at the state level. *QUALIFICATIONS: Animal Shelter/Control Ordinances are left to the county or municipal governments to legislate. *NOTE: In 2001 the Mississippi Supreme Court ruled that the state’s animal cruelty law was to vague therefore unconstitutional. The state legislature will review proposals for new animal cruelty laws in it’s new session which begins Jan. 6, 2004. *SOURCE: Sun Herald in a Associated Press article posted
MISSOURI -Marilee Larson, [email protected] *Anti-Cruelty Statutes:
*DEFINITIONS: Rescue: “Animal shelter” means a facility used to house or contain animals, operated or maintained by an incorporated humane society, animal welfare society, society for the preservation of cruelty to animals or other not-for-profit organization. An animal shelter is devoted to the welfare, protection and humane treatment of animals: or a person whose primary purpose is to act as an animal rescue, to collect and care for unwanted animals or to offer them for adoption is also included in this definition;” There are further requirements for transportation safety. *DEFINITION: Foster homes: No definition and no provisions for “in home” Rescue or Foster care. However, there are provisions and definitions for “Outdoor Housing Facility, Sheltered Housing Facility” and standardized sanitation procedures as well as provisions for an “attending veterinarian under formal arrangements” or a “part-time attending veterinarian or consultant arrangements, the formal arrangements shall include a written program of veterinary care and regularly scheduled visits to the premises. . . .” Also, provisions for initial and annual (minimum) inspection by an ACFA officer. *LICENSING REQUIREMENTS: All groups defined as an Animal Shelter must be licensed with the Dept of Agriculture (Animal Care Facilities Act Program-ACFA) with no fee assessed for Animal Shelters. Health records must be maintained on all animals 8 weeks or older and “may accompany all animals upon transfer of ownership;” Record keeping of all animals is required and must be submitted to the ACFA at the end of each physical year (December) *SOURCE: Missouri Revised Statutes Chapter 273-Animal Care Facilities Act (passed August 28, l992)
*DEFINITION: Rescue is not defined in any Nevada Revised Statutes or Department Statues *DEFINITION: Foster Home is not defined. *QUALIFICATIONS: The establishment, maintenance, and regulation of an “Animal Shelter/Pound” is left to city or county commissioners. *SOURCE: Nevada Revised Statutes 244 (amended)
*Qualifications: Nevada Revised Statutes 574 sets standards for Animal Shelters in regards to set up, care of animals and a spay/neuter preadoption clause. As well as setting animal cruelty statutes.
*RESPONSIBILITY: to oversee the Statutes falls to the Nevada Natural Resources, Agriculture and Mining Department.
STATUTES: Animal Cruelty is covered under the New Hampshire Revised Code Title LXII; Criminal Code, Chapter 644 Breaches of the Peace and Related Offences- Exhibition of Fighting Animals (Section 644:8-a)
Animals in Motor Vehicles (Section 644:8-aa)
Transporting Dogs in Pickup Trucks (Section 644:8-f)
Cruelty to Animals (Section 644:8)
*RESPONSIBILITY: to oversee the Statutes that cover Animal Care and Welfare falls to the Department of Agriculture, Market and Food under the Animal Industry Division. *STATUTES: The main statute covering Animal Care is New Hampshire Revised Code Title XL; Agriculture, Horticulture and Animal Husbandry, Chapter 437 Sale of Pets and Disposition of Unclaimed Animals
*DEFINITION: Rescue is not defined in the New Hampshire Code, however, the broad definition of “Animal Shelter facility” encompasses Rescue-“means a facility, including the building and the immediate surrounding are, which is used to house or contain animals and which is owned, operated and maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection and humane treatment of animals, and also a public pound for the housing of strays or a pound operated by any person, excluding veterinarians, who contract with a municipality to serve that function.” (Section 437:2). *DEFINITION: Foster Home is also not defined in the Statutes. *LICENSING: “No person, firm, corporation or other entity shall engage in the business of selling or the business of placing or giving away, with or without a fee or donation required, to the public, live animals. . . used as household pets unless the premises on which they are housed, harbored or displayed for such purposes are duly licensed and inspected. . . .” (Section 437:1) Application for licensing can be found of the Dept of Agriculture web page under Animal Industry Division. Application fees and yearly renewals is $50.00 (Section 437:3) with inspection generally every six months by “Any duly appointed agent of any humane society or S.P.C.A. incorporated in the state of New Hampshire acting under the authority and direction of the department. . . .” (Section 437:8). Violations are considered a misdemeanor and fines range from $100.00 to $500.00 depending upon the number of violations (Section 437:9). Standards for care and housing are set by the Department of Agriculture. All “Animal Care Facilities” are required to have a microchip scanner on premises and also check for tattoos or other marking of owner identification. An official health certificate must be issued and kept on file within 14 days of “sale.” (Section 437:10). *QUALIFICATIONS: It is mandated through the New Hampshire Revised Code that Counties and municipalities may set up animal shelters/pounds. *PUPPY LEMON LAW: Even though there is no specific Puppy Lemon Law the Statutes (Title XL Chapter 437:13) states that “Within 14 days of sale, the purchaser of a dog, . . . from a licensee may have the dog, . . . examined by a licensed veterinarian selected by the purchaser and unless said examination indicates the dog, . . . to be free of disease, the purchaser shall be entitled to substitution or, at the purchaser’s option, a fill refund of the purchase price. . . within 2 business days of the examination (Section 437:13). *LOW COST SPAY/NEUTER: Animal Population Control Program covers low cost spay/neuter for residents who adopt from an animal shelter facility for a fee of $30.00 if performed by a participating veterinarian. The cost is $15.00 to low income or handicapped people. SOURCE: Title XL; Agriculture, Horticulture and Animal Husbandry, Chapter 437-A Animal Population Control (Section 437-A:3)
Veterinarian Participation-(Section 437-A:4)
Fund Established; Solicitation and Acceptance of Funds-(Section 437-A:4-a) Funds may be solicited or accepted “from any public or private source.”
NEW YORK – Anti-Cruelty Statutes:
*SOURCE: Cruelty To Animals Article 26 of the Agriculture and Markets Law-
*NOTE: Cruelty Amendment passed-on 12/03/03 law went in to effect “to grant pet owners rights to pain and suffering damages as well as punitive damages for abuse or neglect.”
*SOURCE: http://asembly.state.ny.us/leg/?bn=A06340 (This is the
Assembly Bill the Senate version is S02791 and the Bill has been signed in to law.) *NOTE: New York is one of the 12 states that have a Puppy Lemon Law-which applies to pet dealers who sell more than 9 animal per year. For this reason the law may affect hobby breeders. TERMS: Return for refund within 14 days for contagious or infectious diseases, congenital or hereditary defects. Replacement can be made with reimbursement of veterinary fees up to the price of the dog.
*QUALIFICATIONS: Further defining the “Puppy Lemon Law”-General Business Law Article 35-D which covers veterinary certification of health from Pet Dealers or “Breeders of Animals” but exempts duly incorporated humane societies.
*DEPARTMENT/DIVISION: All issues with animal control/adoption etc. fall under the control of the New York Department of Agriculture & Marketing/Animal Industry Division. *Animal Population Control Program-In 1995 New York enacted the APCP that provides a voucher program of low cost spay/neuter for NY residents who have adopted a dog from a qualified SPCA, humane society, municipal shelter or an animal protective association through a preapproved NY veterinarian. Cost through the Voucher System figures out to be $30.00. Funding– $3.00 surcharge on dog licenses from unaltered dogs. $20.00 from the sale of annual “Love Your Pet” custom license plate $35.00 from unclaimed deposits from mandatory SPA Neuter Law.
*SOURCE: Article 7 of the Agriculture & Marketing Dept. Code (117a)
*Mandatory Spay/Neuter: Laws of New York, 2001, Chapter 387-requires that “No animal shelter, pound, dog control officer, humane society, dog or cat protective association, or duly incorporated society for the prevention of cruelty to animals shall release any dog or cat for adoption to any person unless prior thereto:” The animal is altered with qualifications.
*DEFINITION: Pet Dealer-anyone who sells “more than nine animals per year for profit to the public.” *QUALIFICATIONS: This law also pertains to breeders who breed on “residential premises” more than twenty-five animals per year. *SOURCE: Agriculture and Markets Law Article 26-A.
*DEFINITION: Rescue is not defined in any NYS legal codes *DEFINITION: Animal Shelter/Pound are state mandated animal care facilities set up, licensed and governed by either county or municipal governments. *DEFINITION: Humane Society is a duely incorporated not-for profit organization for the express purpose of caring for and adopting out stray animals. *DEFINITION: Dog Protective Association is an incorporated not-for-profit organization whose aim is to care for and adopt out stray, neglected/abused, or abandoned dogs. *NOTE: “Shelter for Dogs Left Outdoors” Law effective 11/21/03. Provides for minimum care and shelter for dogs “left outdoors” which includes “shelter appropriate to its breed, physical condition and climate. Violators can have their dog seized and suffer a fine of $50.00 to $250.00. [Chapter 594 A.8679 which creates section 353-B of the Agriculture and Markets Law.] *NOTE: “Ensuring that Veterinarians Report Animal Cruelty” Law effective 10/07/03. Provides that veterinarians report any suspected animal cruelty while treating their companion animal patients. [Chapter 653 S.3274-b which is an amendment to the NYS Education Law.] *CITY OF NEW YORK-being such a large community NYC is exempt from many of the New York State Statutes, but are required to have their own Animal Care/Welfare Laws. The group responsible for overseeing the laws is The Center for Animal Care and Control, Inc. which operates animal shelters under contract the Department of Health.
*City Administrative Codes-Animal Shelters and Sterilization Act
(http://www.nycacc.org/Animal_Law/sterilization.htm) sets standards for
mandatory Full-service shelters in each of the boroughs as well as mandatory spay/neutering prior to adoption. (Note-Pet Stores are not included in the mandatory spay/neuter provision.) *City Administrative Codes-Humane Laws
(http://www.nycacc.org/Animal_Law/HumaneLaws.htm) sets standards for
animal cruelty definitions. *City Administrative Codes-New York City Health Code
(http://www.nycacc.org/Animal_Law/animalcontrollaws.htm sets laws
dealing with dog licenses, dangerous dog confinement, and compulsory rabies vaccination.
*DEFINITION: Rescue there is no direct definition of Rescue in the North Carolina General Statutes. However, an animal rescue can fall under the definition of “animal shelter” as defined in Chapter 19 Protection of Animals Act which reads-“a facility which is used to house or contain animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.” *DEFINITION: Housing facility is defined as “any room, building, or area used to contain a primary enclosure or enclosures.” In the broad interpretation this could effect the term Foster Home which is not defined. *SOURCE: North Carolina General Acts Chapter 19 A
.html *ADMINITRATOR: Animal welfare and care fall under the control of the Animal Health Division of the North Carolina Department of Agriculture and Consumer Services and the Animal Welfare Section. *POWERS: The Board of Agriculture has the power to establish standards of care, prescribe the manner of animal transport, require a “Certificate of registration” for animal shelters, and require licensees “to keep records of the purchase and sale of animals and to identify animals at their establishments.” *QUALIFICATIONS: Even though licenses are required; the establishment of animal shelters is mandated to the county/municipalities. “A county may establish, equip, operate and maintain an animal shelter or may contribute to the support of an animal shelter, and for those purposes may appropriate funds not otherwise limited as to use by law. (1973,c.822,s.1) *SOURCE: North Carolina General Statutes Chapter 153A-442
*NOTE: Chapter 19A also establishes a Spay/Neuter Program which establishes a fund for shelter spay/neuter programs and provide low cost spay/neuter for low income families as well as providing for “a statewide education program on the benefits of spaying and neutering.” (Article 5). Funding in part comes from the sale of the “Animal Lovers” special licensee plate. (G.S. 20-79.7). (note-extra cost of the license plate is $20.00) *SPECIAL NOTE: As found in NCGA Statutes 67 Dogs (4.4) Strict liability “The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.” *LOCAL ORDINANCES: On 12/02/03 Buncombe County (which includes the city of Asheville) passed an ordinance that makes for mandatory leash law for dogs and cats as well as a mandatory spay/neuter by animal control for any animal they pick up and fines the owner $100.00. Pet owners can, however, buy a permit (for $100.00) that allows them to keep a dog or cat unsterilized. The ordinance also prohibits the display of dogs or cats in a public place for the purpose of selling the animal. *SOURCE: Asheville Citizen-Times.
*STUDY COMMITTEE: The state of North Carolina in the Fall of 2003 appointed a 28-member legislative committee to study its overcrowded, unregulated animal shelters. They plan to develop solutions to reduce the states “high kill rate for unwanted pets.” The committee is composed of animal welfare advocates, state and local officials and a representative from the North Carolina Veterinary Medical Association. *SOURCE: The Charlotte Observer and the DVM Newsmagazine
(Note-House Bill #104 introduced by H.R. Chris Redfern, of Ottawa County, introduced Nov., 2003 to make it state law to require “humane euthanasia” through lethal injection only in county, township and city animal control and shelters. Source-http://www.ohiohumaneeducation.org/hb104.htm.) *DEFINITION: Rescue there is no definition for dog rescue at the state level *QUALIFICATIONS: Animal control and shelters are mandated to the county or township while following state guidelines under Ohio Revised Code Title 9 Chapter 955 of the Agriculture Department.. Ohio Humane Society must follow guidelines set forth in Ohio Revised Code Title 17 Chapter 1717 of the Agriculture Department. These Codes may be accessed through-http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=template s&fn=ln-logo.htm&2.0
UPDATE: PUPPY LEMON LAW-Pennsylvania Puppy Lemon Law enacted August 26, 1997 is targeted to licensed commercial kennels/pet stores who handle more than 26 dogs per year. Returns for contagious or infectious diseases is ten days and for congenital or hereditary disease is 30 days. Fifty percent refund is required if advertised papers are not provided within 120 days. Replacement or refund (excluding sales taxes) is required. Reimbursement for veterinary expenses, up to the purchase price excluding sales tax, to treat the dog is required. *NOTE-It is mandated by law that a disclosure of rights be posted in the place of business of anyone subject to this section as “enforced by the Pennsylvania Office of Attorney General.” This refers to rights provided under Section 9.3 of the Unfair Trade Practices and Consumer Protection Law and a copy must be provided at the time of sale. Penalties of up to $1000 can be levied for each offense. For further info the purchaser can contact: Pennsylvania Office Attorney General Consumer Protection Hotline 800-441-2555
RHODE ISLAND –
(Note-laws now pending “to grant pet owners rights to pain and suffering damages as well as punitive damages for abuse and neglect.” Source-DVM The Newsmagazine of Veterinary Medicine 10-1-03. *TERMINOLOGY: Rhode Island is currently the only state that has amended it’s animal laws to make the terms guardian and owner interchangeable. According to the law a guardian/owner is “a person who possesses, has title to or an interest in, harbors or has control, custody or possession of an animal and who is responsible for an animal’s safety and well-being.”
(Note-passed laws in 2000 “to grant pet owners rights to pain and suffering damages as well as punitive damages for abuse and neglect.” Source-DVM The Newsmagazine of Veterinary Medicine 10-1-03.
*ADMINISTRATION: The administration of statutes for animal control/animal cruelty/regulation of animals fall under the authority of the Texas Department of Health and Safety Codes; specifically Chapter 821 “Euthanasia of Animals,” Chapter 822 “Regulation of Animals,” Chapter 823 “Animal Shelters/Animal Cruelty,” Chapter 828 “Dog and Cat Sterilization.” *DEFINITION: Rescue there is no definition at the state level. *QUALIFICATIONS: Releasing agency is defined as “a public or private animal pound, shelter, or humane organization. The term does not include an individual who occasionally renders humane assistance or shelter in the individual’s home to a dog or cat.” Also includes mandatory spay/neutering preadoption. *SOURCE: Chapter 828
*DEFINITION: Animal Control Authority “means a municipal or county animal control office with authority over the area in which the dog is kept or the county sheriff in an area that does not have an animal control office.” *SOURCE: Chapter 822
*DEFINITION: Animal Shelter “means a facility that collects, impounds, or keeps stray, homeless, abandoned, or unwanted animals.” *QUALIFICATIONS: These are mandated to the county or municipalities by state law. Some counties and cities enter in to “Rescue Contracts” with local breed Rescues. (for more info see Responsible Pet Owners, Inc sit at-http://www.responsiblepetowners.org) *SOURCE:
*ANIMAL CRUELTY: HB 653 (passed in 2001) increased the penalties for cruelty to animals to a felony with potential penalties of $10,000.00 fine and/or 180 days to 2 years in jail.
UPDATE: PUPPY LEMON LAW-Pennsylvania Puppy Lemon Law applies to anyone selling puppies do to the fact that the law is very unclear, however, it is very clear that it applies to dogs that are registered or are capable of being registered with any animal registry. Replacement or refund applies to contagious or infectious diseases (10 days) and congenital or hereditary defects (10 days). Failure to produce registration papers within 120 days can result in either full refund or 50% refund and the owner keeps the dog. There is also provision for reimbursement of veterinary expenses up to 50% of the purchase price.
State Statutes: Crimes Against Animals Chapter 951 *DEFINITION: No definition for Rescue/Animal Control/Humane Society at the State Level *PROPOSED LEGISLATION: Pet Facilities Act 2003 (Administered by the Wisconsin Dept of Agriculture) *DEFINITION: Rescue: fall under the category of “Animal Shelter” which is a facility that “impounds or harbors at least 25 seized, stray, abandoned, or unwanted dogs, . . . in a years time.” It goes on to define a shelter as a “facility that promotes the welfare, protection, and humane treatment of animals, such as those operated by humane societies, animal welfare societies, or similar nonprofit associations.” *DEFINITION: Foster homes: No definition *SOURCE: Budget Briefs from the Wisconsin Legislative Reference Bureau (September, 2001).
*DEFINITION: Non profit association: “means an incorporated or unincorporated organization consisting of 3 or more members joined by mutual consent for a common, nonprofit purpose.” *SOURCE: proposed Pet Facilities Act 2003
http://www.egressetch.com/WisconsinPFL/proposed.pdf *OVERVIEW: Pet Facilities Act provides for Shelter/Rescues to maintain a Shelter Facility under guidelines for structure/inspection/care and licensing per the Act Along with being required to keep all records of point of acquisition information, vet care information, any identifying items (ie.-microchip or tattoo) and name and address of purchaser (note-adoption is considered a purchase). *LICENSE FEE: “The department shall promulgate rules specifying fees that must be paid by applicants for licenses. . . .”