Agenda - 05-17-1983 - Laserfiche WebLink

Browse Search

C • 2 Finally, another defendant we's charged with kicking and beating his awn dog and repeatedly holding its head under water. He argued that this was not willful abuse but rather an effort to teach the dog not to dig holes in the yard. The court held that if this was a good-faith efforiota train the dog, the defendant would not be guilty of abuse. Civil Law. The civil remedy 11 for abuse of animals authorizes any person te a verified complaint in the superior court in the county where an incident of cruelty to any "useful" animal has occnrred. The law defines cruelty as any act or neglect that causes unjustifiable physical pain, suffering, or death to any usful creature. There are exceptions for taking game animals and for agencies that conduct biomedical research or training '!or for sport, " When he receives the complaint, the judge ma Y issue an order, valid for 20 days. If the defendant cannot bei notifed, the order may be issued without giving him prior not:rice. The order may, at the complainant's request, give the complainant the right to correct temporarily the condition that gave rise to the cruel treatment. The court may also allow him to take custody of the animal. Twenty days after the temporary restraining order, the judge must determine the merits of the case in a trial without a jury. If he finds that cruelty has occurred, he issues a permanent order. • Dog.Fights 8tae and federal law prohibit promoting dog fights. If the fig14 occurs in North Carolina, the activity is a ra'Ademeanor punishable by a $500 fine and/or six months in prison. If a dog was transported to the fight in interstate cokAinerce, sponsoring or exhibiting the fight becomes a federal offense. " Federal law also prohibits selling, buying, or transporting aicilog in interstate licommerce to participate in an animal fight. Finally, it is illegal to "knowingly" use the mail, tel&raph, telephone, radio, or television to promote a dog fight. Violations of the federal law are punishable by a $5,000 fine and/or imprisonment for one year. Transportation G,S S 14-363 provides that conveying arty ani.mal in a cruel or inhuman manner is a misdemeanor punishable by a $500 fine and/or imprisonment for six months. Note that the law does not require a "willful" violation and that it applies to conveyinlg any animal in a cruel manner. If the defendant is taken into custody, the officer may place the vehicle and its contents I in "some safe place." The expenses RO i rinIrr-egz,4