Alabama

http://www.alabamainteractive.org/alabamainteractive_shell/Welcome.do?url=http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/coatoc.htm [State web site link to Code of Alabama]

Alabama Animal Control Association: http://aacacares.net/index.htm [No statutes listed but does have some events/training listed]

The county or municipality may appoint trained agents to inspect violations of cruelty statutes to protect dogs or cats.  Ala. Code § 13A-11-242.

 None listed

·  An agent may destroy an abandoned animal which, “in the judgment of two reputable citizens,” is “injured or diseased past recovery.”  Ala. Code § 3-1-8.

·  The county commissions may employ persons for enforcing all laws for the prevention of cruelty to animals. Such officer, after taking the oath of deputy sheriffs, shall have all powers vested in deputy sheriffs.  Ala. Code § 3-1-16.

·  “The governing body of the municipality employing such deputy sheriffs shall fix by ordinance the duties and salaries of such persons.” Ala. Code § 11-43-16.

·  Any law enforcement officer or agent appointed by a county or municipality having evidence of, or having found a dog or cat being neglected or cruelly treated, may: (1) remove the dog or cat, or; (2) order the owner of the dog or cat to provide certain care at the owner’s expense without removing the animal. Ala. Code § 13A-11-243.

 None listed

Alaska

www.legis.state.ak.us/folhome.htm [Not an official web site]

·  A peace officer may apply for a search warrant after receiving a complaint of animal cruelty, and if the warrant is issued by a court, the peace officer may execute the warrant and take property identified in the warrant, including animals. Alaska Stat. § 03.55.110(b).

·  A peace officer may take an animal and place it in protective custody if it is believed to be in the immediate best interest of the animal.  Alaska Stat. § 03.55.110(c).

·  “An arrest may be made by a peace officer or by a private person.” Alaska Stat. § 12.25.010.

·  A private person or peace officer may make an arrest without a warrant when: (1) a crime is committed or attempted in the presence of the person making the arrest; (2) if a felony is committed, even if not committed in the presence of the person making the arrest; (3) when a felony has been committed and the person making the arrest has reasonable cause to believe the person committed it. Alaska Stat. § 12.25.030.

·  A state trooper may make an arrest without a warrant if the person to be arrested has committed a misdemeanor or has violated an ordinance, personal property is likely to be damaged, and there is no one with the power to issue a warrant available within a radius of 25 miles.  Alaska Stat. § 12.25.035.

·  A peace officer may apply for a search warrant after receiving a complaint of animal cruelty, and if the warrant is issued by a court, the peace officer may execute the warrant and take property identified in the warrant, including animals.  Alaska Stat. § 03.55.110(b).

·  A peace officer may take an animal and place it in protective custody if it is believed to be in the immediate best interest of the animal.  Alaska Stat. § 03.55.110(c).

None listed

Arizona

www.azleg.gov/ArizonaRevisedStatutes.asp [Statutes effective as of 01/06]

·  County Board of Supervisors

·  A peace officer or county enforcement agent who is responsible for animal control, who has impounded an animal based on probable cause of cruelty, may request a disposition hearing before a justice of the peace or city magistrate to determine whether the animal has suffered cruel mistreatment or neglect. Ariz. Rev. Stat. § 11-1029.

The enforcement agent shall not make an arrest before issuing a notice of violation. Ariz. Rev. Stat. § 1-1007(A)(2).

·  “County Enforcement Agent”—the person in each county who is responsible for the enforcement of animal control. Ariz. Rev. Stat. § 11-1001(4).

·  An animal control officer may be appointed by any city or town and may commence an action for violations relating to state or local ordinances relating to rabies and animal control. An animal control officer is permitted to carry a small caliber firearm “to be used in controlling vicious animals or in dispatching of a wounded animal.”  Ariz. Rev. Stat. § 9-499.04.

·  Each county board of supervisors may designate or employ a county enforcement agent. If the county does not designate such a person, the county sheriff shall be the county enforcement agent.  Ariz. Rev. Stat. § 11-1005(A)(1).

·  The county enforcement agent shall enforce provisions of animal control, issue citations for violations, and may designate deputies.  Ariz. Rev. Stat. § 11-1007.

·  “‘Peace Officers’ include: sheriffs of counties, constables, marshals, policemen, commissioned personnel of the department of public safety. Also, employees of the department of corrections and juvenile corrections, peace officers appointed by multi-county water conservation district, police officers appointed by board of regents, and police officers appointed by a governing body of a public airport, all of whom who have a certificate from the Arizona peace officer standards and training board.” Ariz. Rev. Stat. § 1-215.

·  A peace officer, animal control enforcement agent or deputy may use reasonable force to rescue an animal, if that animal is left in a vehicle and physical injury or death is likely to result.  Ariz. Rev. Stat. § 13-2910(D).

None listed

Arkansas

http://170.94.58.9/data/ar_code.asp [Not the official code; uses search terms, does not list AR Code]

“(a) Any officer, agent, or member of a society which is incorporated for the prevention of cruelty to animals may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his or her presence.” Ark. Code Ann. § 5-62-111.

Any agent appointed by the president of a society incorporated for the prevention of cruelty to animals may make arrests of persons violating provisions of the anti-cruelty statutes.  Ark. Code Ann. § 5-62-113.

·  An animal control officer may seize all dogs in the possession of a person arrested for unlawful dog fighting.  Ark. Code Ann. § 5-62-120(c).

·  An animal control officer may seize any bears in the possession of a person arrested for unlawful bear exploitation. Ark. Code Ann. § 5-62-124(c).

·  The Arkansas Division of Health and Human Services establishes a voluntary certification program for animal control officers, animal shelters, and other humane societies. Training is administered by the Arkansas Animal Control Association.  Ark. Code Ann. § 20-19-104.  [No description of qualifications for certification provided]

·  An animal control officer shall be allowed to inspect the premises where large carnivores are kept.  Ark. Code Ann. § 20-19-507.

 None listed

California

http://www.leginfo.ca.gov/statute.html [Search statutes by keyword/statute number; includes statutes through 2005]

The California Animal Control Directors’ Association: http://www.cacda.org [Provides listing of shelters, with links, throughout CA; links to CA statutes and other resources]

“No humane officer shall serve a warrant without providing prior notice to local law enforcement agencies operating within that jurisdiction.”  Cal. Corp. Code § 14502(l).

·  “Any sheriff, police, or peace officer, or officer qualified as provided in Section 14502 of the Corporations Code, may enter any place, building, or tenement, where there is an exhibition of the fighting of birds or animals, or where preparations are being made for such an exhibition, and, without a warrant, arrest all persons present.”  Cal. Penal Code § 597d.

·  When a complaint is made on oath to a magistrate, a warrant must be issued and directed to a “sheriff, police or peace officer or officer of any incorporated association qualified as provided by law”, authorizing such person to enter any building or place and to arrest any person violating or attempting to violate “any law relating to, or in any way affecting, dumb animals or birds”. Cal. Penal Code § 599a.

·  “Animal control officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the power to serve warrants as specified in Sections 1523 and 1530 during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers pursuant to Section 832. That part of the training course specified in Section 832 pertaining to the carrying and use of firearms shall not be required for any animal control officer whose employing agency prohibits the use of firearms.” Cal. Penal Code § 830.9.

·  “A level 1 humane officer may make arrests for the violation of any penal law...relating to or affecting animals in the same manner as any peace officer and may also serve arrest warrants.” Cal. Corp. Code § 14502(i)(1)(B).

·  “A level 2 humane officer may make arrests for the violation of any penal law...relating to or affecting animals in the same manner as any peace officer and may serve arrest warrants...upon successful completion of a course relating to the exercise of the police powers specified in Section 832 of the Penal Code, except the power to carry and use firearms.”  Cal. Corp. Code § 14502(i)(2)(B).

·  Any peace officer, humane society officer, or animal control officer may take possession of abandoned and stray animals. The officer may also seize any animal that is sick, lame, or being treated in a cruel manner.  Cal. Penal Code § 597.1(a)-(b).

·  Upon a person being convicted of a violation of the animal cruelty statute, any “peace officer, officer of a humane society, or officer of a pound or animal regulation department of a public agency” who has lawfully impounded an animal shall be awarded such animal for disposition.  Cal. Penal Code § 597(f)(1).

·  [Note: only “humane officer” definition listed]

·  A peace officer, humane officer, or animal control officer may humanely destroy any stray or abandoned animal determined to be to severely injured with approval of the officer’s immediate superior.  Cal. Penal Code § 597.1(e).

·  “Humane officers; Appointment; Qualifications; Term of Office.” This statute provides that after July 1, 1996, humane societies or societies for the prevention of cruelty to animals shall be the only entities to appoint level 1 or 2 humane officers, whose duty it shall be to enforce the laws for the prevention of cruelty to animals. Cal. Corp. Code § 14502.

·  The appointing agency shall file the agency’s name and address, along with the humane officer’s name and address and proof of California citizenship, and the agency shall designate a badge number for the humane officer. Cal. Corp. Code § 14502(a)(3).

·  A judge shall review the appointment of a humane officer, and upon approval, the county clerk shall enter the humane officer’s name into a book maintained as a “Record of Humane Officers”.  Cal. Corp. Code § 14502(d)-(e).

·  The agency appointing a humane officer shall be responsible for all required training expenses.  Cal. Corp. Code § 14502(h).

·  “A level 1 humane officer is not a peace officer, but may exercise the powers of a peace officer at all places within the state in order to prevent the perpetration of any act of cruelty upon any animal” and may use reasonable force.  Cal. Corp. Code § 14502(i)(1)(A).

·  A level 1 humane officer may carry firearms upon the completion of basic training established by the Commission on Peace Officer Standards and Training for a level 1 reserve officer, and must complete, prior to appointment: (i) a minimum of 20 hours training in animal care, focusing on identification of disease, injury, and neglect of domestic animals and livestock, which has been approved by the California Veterinary Medical Association; and, (ii) a minimum of 40 hours training in the state humane laws relating to the powers and duties of a humane officer.  Cal. Corp. Code § 14502(i)(1)(C)-(D).

·  The appointing agency shall complete a background investigation on level 1 humane officer appointments, and level 1 humane officers must satisfy the requirements set forth in Sections 1029-1031 of the Government Code, which outline the disqualifications, background checks, and minimum standards of peace officers.  Cal. Corp. Code § 14502(i)(1)(E).

·  In order to qualify as a level 1 humane officer, the person must: (1) not have been convicted or pled nolo contendere to a felony; (2) satisfy a background check prior to employment or the start of training; (3) submit fingerprints to the Department of Justice and the Federal Bureau of Investigation; (4) be a U.S. citizen or permanent resident alien eligible and who has applied for citizenship; (5) be at least 18 years old and have graduated from high school, or equivalent. Cal. Gov. Code § 1029-1031.

·  A level 1 humane officer, to be eligible for reappointment, must complete ongoing weapons and range qualifications every 6 months and, every three years, must complete 40 hours of continuing education and training related to the powers and duties of a humane officer.  Cal. Corp. Code § 14502(i)(1)(F).

·  A level 1 humane officer may carry a firearm only if authorized by the appointing agency and only under the terms of such agency. The appointing agency must have a policy regarding the use of deadly force in place and the officer must be instructed on the policy before being authorized to carry a firearm.  Cal. Corp. Code § 14502(i)(1)(G)(i)-(ii).

·  “A level 2 humane officer is not a peace officer, but may exercise the powers of a peace officer at all places within the state in order to prevent the perpetration of any act of cruelty upon any animal” and may use reasonable force.  Cal. Corp. Code § 14502(i)(2)(A).

·  “A level 2 humane officer is not authorized to carry firearms.” Cal. Corp. Code § 14502(i)(2)(C).

·  A level 2 humane officer must complete, prior to appointment: (i) ) a minimum of 20 hours training in animal care, focusing on identification of disease, injury, and neglect of domestic animals and livestock, which has been approved by the California Veterinary Medical Association; and (ii) a minimum of 40 hours training in the state humane laws relating to the powers and duties of a humane officer.  Cal. Corp. Code § 14502(i)(2)(D)(i)-(ii).

·  In order to be eligible for reappointment, every three years, a level 2 humane officer must complete 40 hours of continuing education and training related to the powers and duties of a humane officer. Cal. Corp. Code § 14502(i)(2)(E).

·  A humane officer may only serve in the county in which the officer is appointed. However, a humane officer may temporarily serve another county with the prior approval of the sheriff of the county the officer intends to serve.  Cal. Corp. Code § 14502(o).

·  Any officer authorized to make an arrest under Section 597.5, or making an arrest pursuant to Section 597b-c, 597j, or 599a, may lawfully take possession of any birds or animals or paraphernalia used, or is about to be used, in bird or animal fighting.  Cal. Penal Code § 599aa.

·  When making an arrest, the humane officer must exhibit a suitable badge which has been adopted by, and includes the name of, the appointing agency and a badge number. The officer’s uniform must include the name of the appointing agency and should not include the words “state” or “California” unless incorporated in the appointing agency’s name.  Cal. Corp. Code § 14502(j).

None listed

Colorado

http://www.colorado.gov/colorado-government/

·  Cases involving livestock shall be investigated by those agents who are employees of the division of animal industry or the division of brand inspection, or by any sheriffs within their jurisdiction.  Colo. Rev. Stat. § 35-42-107(7).

·  The Commissioner of Agriculture shall make any investigations regarding compliance of the animal protection statute. The Commissioner will have free access, during regular business hours, with consent or by administrative search warrant, to inspect areas in which animals are housed, kept, or transported. “The Commissioner shall have full authority to administer oaths and take statements” and to issue subpoenas.  Colo. Rev. Stat. § 35-42-111.

·  The Commissioner of Agriculture shall make any investigations regarding compliance of the Pet Animal Care and Facilities Act. The Commissioner will have free access, during regular business hours, with consent or by administrative search warrant, to inspect areas in which animals are housed, kept, or transported. “The Commissioner shall have full authority to administer oaths and take statements” and to issue subpoenas. Colo. Rev. Stat. § 35-80-110.

 None listed

·  A peace officer, with the authority to act pursuant to this section, who has probable cause that an animal is a victim of cruelty, may take possession of the animal if it would be endangered if it remained with the owner.  Colo. Rev. Stat. § 18-9-202(1.8).

·  The Commissioner of Agriculture shall appoint animal protection agents. Agents may be “employees of the state, nonprofit corporations, municipal corporations, counties, cities...or any other local governmental entity.” Agents shall complete training as designated by the commissioner and upon completion of specified training, shall be “vested with the power to issue summons and complaints to enforce Colo. Rev. Stat. title 18, article 9, part 2 and article 80 of title 35, and shall be designated peace officers.  Colo. Rev. Stat. § 35-42-107.

·  No qualifications listed for peace officers or animal protection agents

·  It is lawful for “any officer or agent of the bureau [of animal protection], a peace officer within his jurisdiction, or veterinarian” to enter in any building, other than a person’s residence, to feed and water an animal. If the animal has not been cared for by anyone other than the officer within seventy-two hours of posting notification on the building, the officer may seize the animal.  Colo. Rev. Stat. § 35-42-108.

·  The Commissioner of Agriculture may take possession of and provide for any animal deemed to be abandoned or neglected and shall petition a court within the jurisdiction for a hearing and shall notify the owner, if known, of the hearing. If the owner is deemed to be inadequate to care for the animal, the commissioner may sell, place for adoption, or humanely destroy such animal.  Colo. Rev. Stat. § 35-42-109(2)-(6).

·  “Any agent or officer of the bureau [of animal protection] may lawfully interfere to prevent” an act of animal cruelty which occurs in his presence.  Colo. Rev. Stat. § 35-42-109(8).

·  An animal may lawfully be destroyed by an agent of the bureau of animal control or peace officer, if in his judgment and “by the written certificate of two persons”, the animal appears to be “injured, disabled, diseased past recovery, or unfit for any useful purpose.”  Colo. Rev. Stat. § 35-42-110.

·  “Personnel engaged in animal control...may issue citations or summonses and complaints enforcing the county dog control resolution or any other county resolution concerning the control of pet animals....”  Colo. Rev. Stat. § 30-15-105.

·  The Commissioner of Agriculture or his designee shall enforce the provisions of the Pet Animal Care and Facilities Act. If the Commissioner has reasonable cause to believe a person has violated this Act, he may issue a cease a desist order. If the person violating the Act fails to comply within twenty-four hours of the cease and desist order, the Commissioner may bring suit for a temporary restraining order and injunctive relief.  Colo. Rev. Stat.  § 35-80-111.

·  A peace officer may be certified by the Peace Officer Standards and Training (P.O.S.T.) Board and has the authority to enforce all of the laws of Colorado. A peace officer who is certified by the P.O.S.T. Board has the authority to carry firearms at all times.  Colo. Rev. Stat. § 16-2.5-101.

·  A peace officer may issue a summons and/or complaint for any misdemeanor or petty offense.  Colo. Rev. Stat. § 16-2-104.

·  The minimum basic peace officer requirements include: (1) completion of high school or equivalent; (2) completion of basic training which has been approved by the P.O.S.T. Board; (3) passage of all P.O.S.T. exams; and (4) first aid and CPR training.  Colo. Rev. Stat. § 24-31-305.

 None listed

Connecticut

http://search.cga.state.ct.us/dtsearch_pub_statutes.html [Search engine to search CT statutes]

·  “The Commissioner [of Agriculture], the Chief Animal Control Officer, any animal control officer, any municipal animal control officer or any law enforcement officer may interfere to prevent an act of cruelty upon any dog or other animal....” Conn. Gen. Stat. § 22-329.

·  Agents of the Connecticut Humane Society may be appointed by the Commissioner of Public Safety to serve as special police officers who shall have “the powers of constables and police officers to detain any person violating any provision of the statutes concerning cruelty to animals.” Conn. Gen. Stat. § 29-108b.

·  “Any officer or agent of the Connecticut Humane Society may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence....”  Conn. Gen. Stat. § 29-108c.

“The Commissioner [of Agriculture], the Chief Animal Control Officer and any animal control officer in any part of the state, any regional animal control officer in the territory to which he is assigned and any municipal animal control officer in the municipality for which he has been appointed may arrest any person and may issue a written complaint and summons in furtherance thereof for any violation of law relating to dogs or any domestic animal....”  Conn. Gen. Stat. § 22-330.

·  The Commissioner of Agriculture has the power to appoint: (i) a Chief State Animal Control Officer; (ii) an Assistant Chief State Animal Control Officer; (iii) no more than twelve state animal control officers; and (iv) as many regional animal control officers as deemed necessary.  Conn. Gen. Stat. § 22-328.

·  No qualifications listed

·  The Chief State Animal Control officer, any animal control officer, or any municipal or regional animal control officer may lawfully take a neglected or cruelly treated animal. If in the opinion of a veterinarian the animal is so injured or diseased that it should be humanely destroyed immediately, the officer is authorized to do so. If not, the officer shall take custody of the animal and petition the court to issue a summons to the animal’s owner.  Conn. Gen. Stat. § 22-329a..

·  In towns with populations greater than twenty-five thousand, the chief of police or other appointing authority shall “appoint a full-time municipal animal control officer and such assistants as are deemed necessary” who will “administer and enforce the laws relating to dogs or other domestic animals.”  Conn. Gen. Stat. § 22-331.

·  Two or more contiguous towns with populations less than twenty-five thousand may enter into an agreement for the appointment of a regional animal control officer who shall have the same powers and duties as a municipal animal control officer for the territory he is assigned.  Conn. Gen. Stat. § 22-331a.

·  The Chief State Animal Control officer, any animal control officer, or any municipal animal control officer may take into custody any dog found to be roaming without identification or in violation of law and shall immediately notify the dog’s owner of the impoundment. If the owner is unknown, a description of the animal shall be published in the lost and found of a local publication.  Conn. Gen. Stat. § 22-332.

·  “The Commissioner [of Agriculture], the Chief Animal Control Officer or any state animal control officer may at any time inspect any kennel including all facilities of any kennel in which dogs are bred or housed or cause it to be inspected by a Connecticut licensed veterinarian appointed by the Commissioner.”  Conn. Gen. Stat. § 22-342(b).

·  The Commissioner of Agriculture, Chief State Animal Control Officer, or any animal control officer may inspect at any time any location, required to be licensed, housing ten or more unneutered or unspayed dogs capable of breeding. If the location is determined to be unsanitary or inhumane, the officer may issue orders to correct such problems or order the location to be quarantined.  Conn. Gen. Stat. § 22-344c(b).

·  Any animal control officer may kill a dog found to be “pursuing or worrying” any domestic animal or poultry. Animal control officers shall investigate any complaints of persons being bitten by an animal.  Conn. Gen. Stat. § 22-358.

·  Any agent or officer of the Connecticut Humane Society may take possession of any animal or vehicle which is under the control of a person who is arrested under the laws relating to animal cruelty.  Conn. Gen. Stat. § 29-108d.

·  “Any officer or agent of the Connecticut Humane Society may lawfully take charge of any animal found neglected or cruelly treated, in violation of sections 22-366, 22-415 and 53-247 to 53-252....” The agent or officer may humanely destroy such animal if, in the opinion of a veterinarian, the animal is so injured or diseased that it should be humanely destroyed immediately. The agent or officer shall then file a petition with the court.  Conn. Gen. Stat. § 29-108e.

·  Any agent or officer appointed by the Connecticut Humane Society shall be provided with a certificate or identifying badge with the name or seal of the society and the agent or officer shall use such when acting in his official capacity. Conn. Gen. Stat. § 29-108i.

·  “Dog damage claims are investigated and appraised. Training and counseling is provided for municipal animal control officers and local officials are assisted in dog licensing procedures. Investigations of dog related incidents, including, but not limited to, cruelty to animals, nuisance, roaming and licensing violations are part of this division's [Animal Control Division] responsibility.” http://www.ct.gov/doag/cwp/view.asp?a=1367&q=259098&doagPNavCtr=|39911|39912|#39925

·    “No animal control officer or municipal animal control officer shall sell, give or transfer any unclaimed, impounded dog to any animal dealer, whether or not such dealer is licensed by the United States Department of Agriculture.” Conn. Gen. Stat. § 22-332a.

·    An owner of a dog or cat, taken by a municipal animal control officer, may file a complaint if aggrieved. If, upon an investigation by the municipality or by the commission of agriculture, it is found that the officer, in violation of the provisions of this chapter, “abused or cruelly treated the dog or cat,” then the municipality or commissioner may remove the officer.  Conn. Gen. Stat. § 22-335.

Delaware

http://www.delcode.state.de.us/

·  The Department of Natural Resources and Environmental Control “shall establish a Department of Dog Law Management” and is authorized to hire sufficient dog wardens.  Del. Code Ann. tit. 7 § 1725.

·  A dog warden who has probable cause to believe that a violation of Section 1704 has occurred, which outlines the “Specifications for the humane handling, care and treatment of dogs,” may enter upon the premises to investigate so long as the premises are not a dwelling house. A dog warden may only enter upon a dwelling house with the owner’s permission or with an issued search warrant. Del. Code Ann. tit. 7 § 1703(b).

·  A dog warden may execute any warrant of arrest in relation to the theft of a dog. Del. Code Ann. tit. 7 § 1708.

·  An agent appointed by the Delaware Society for the Prevention of Cruelty to Animals in Sussex or New Castle Counties, or an agent in Kent County appointed by the Kent County Society for the Prevention of Cruelty to Animals may execute an arrest warrant or other process issued in relation to cruelty to animals.  Del. Code Ann. tit. 3 § 7904.

·  Dog wardens shall have the authority to inspect those facilities which are seeking or have obtained a kennel or retail dog dealer license.  Del. Code Ann. tit. 7 § 1703(a).

·  If the Secretary of the Department of Natural Resources and Environmental Control suspends a kennel or retail dog dealer license, “a dog warden may seize and impound any dog in possession, custody or care of the person whose license is suspended if there are reasonable grounds to believe that the dog’s health, safety or welfare is endangered.”  Del. Code Ann. tit. 7 § 1703(d).

·  A dog warden that deems a dog running at large to be an immediate threat may kill such dog.  Del. Code Ann. tit. 7 § 1709.

·  A dog warden is authorized to seize an animal that is suspected of being, or is potentially, dangerous if the warden reasonably believes the dog has: (i) chased or pursued a person while not being contained on the owner’s property in two incidents within twelve months; (ii) killed or physically injured a person; (iii) killed or seriously injured a domestic animal while that animal was on the property of it’s owner and in the owner’s immediate control; or, (iv) was used in animal fighting or was subject to animal cruelty “as alleged in a criminal complaint or charge.”  Del. Code Ann. tit. 7 § 1732.

·  This statute outlines the incorporation of the Delaware Society for the Prevention of Cruelty to Animals, which includes the authorization of the Society to appoint or employ agents to “enforce all laws enacted for the protection of animals....” Del. Code Ann. tit. 3 § 7901.

·  An agent appointed by the Delaware Society for the Prevention of Cruelty to Animals in Sussex or New Castle Counties, or an agent in Kent County appointed by the Kent County Society for the Prevention of Cruelty to Animals may impound any animal to the appropriate shelter that has been subjected to “cruel mistreatment or cruel neglect.” Notice of the seizure must be left by the agent at the premises of the seizure and a complaint must be filed within 48 hours of the seizure.  Del. Code Ann. tit. 3 § 7905.

·  “The term "animal control officer" shall mean a person employed by the state, county, city or an animal control agency as an enforcement officer.”  Del. Code Ann. tit. 3 § 8202.  [Note: only “dog warden” mentioned elsewhere in the Del. Code yet not defined]

 None listed

Florida

http://www.flsenate.gov/statutes/index.cfm?StatuteYear=2005&Tab=statutes&Submenu=1 [2005 Statutes]

Florida Animal Control Association: http://www.floridaanimalcontrol.org/ [Web site contains pertinent FL statutes; required training for county animal control officers; upcoming conferences/continuing education opportunities; etc.]

“Any county or society or association for the prevention of cruelty to...animals...may appoint agents for the purpose of investigating violations...of any law of the state for the purpose of protecting...animals or preventing any act of cruelty thereto.”  Fla. Stat. ch. 828.03(1).

“Any sheriff or any other peace officer of the state, or any police officer” is authorized to arrest persons violating Sections 828.04, 828.08, 828.12, and 828.13-.16 and hold such persons until a warrant is obtained.  Fla. Stat. ch. 828.17.

·  “Officer”: “As used in this section, the term “officer” means: (a) any law enforcement officer; (b) any veterinarian; and (c) any officer or agent of any municipal or county animal control unit or of any society or association for the prevention of cruelty to animals, or the designee of such an officer or agent.”  Fla. Stat. § 828.05.

·  “ ‘Animal control officer’ means any person employed or appointed by a county or municipality who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations....” Fla. Stat. ch. 828.27(1)(b).

·  Agents appointed by a county or society or association must be approved by the mayor of the city in which the society or association is located, or, if outside of a city, must be approved by the county court judge or county commission. Fla. Stat. ch. 828.03(2).

·  An officer may humanely destroy an animal that he reasonably believes to be so injured or diseased and is suffering, and only after the officer has made a reasonable and concerted effort to locate the owner of the animal.  Fla. Stat. ch. 828.05.

·  Persons performing euthanasia must be employees or agents of a public or private agency who have successfully completed a “16-hour euthanasia technician certification course.” This does not apply to those employees or agents who are certified veterinarian technicians.  Fla. Stat. ch. 828.058.

·  “Any law enforcement officer or any agent of any county or of any society or association for the prevention of cruelty to animals” may take into custody animals which are found to have been neglected or cruelly treated, or the officer or agent may order the owner of the animal to provide certain care without removing the animal from its location and shall petition the court for a hearing. Fla. Stat. ch. 828.073.

·  Animal control officers may carry and use a device to “chemically subdue and tranquilize an animal” upon successful completion of 16-hours training in “marksmanship, equipment handling, safety and animal care” and the agent must also show “proficiency in chemical immobilization of animals” as set forth in the “Chemical Immobilization Operational Guide of the American Humane Association.” Fla. Stat. ch. 828.27(1)(b).

·  “County-employed animal control officers shall, and municipally employed animal control officers may, successfully complete a 40-hour minimum standards training course.... The course curriculum must be approved by the Florida Animal Control Association.” Officers who successfully complete training shall be issued a certificate. Fla. Stat. ch. 828.27(4)(a)1.

·  “In order to maintain valid certification, every 2 years each certified county-employed animal control officer shall complete 4 hours of postcertification continuing education training.” Fla. Stat. ch. 828.27(4)(a)3.

“An animal control officer is not authorized to bear arms or make arrests.” Fla. Stat. ch. 828.27(1)(b).

Georgia

http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=1-1-1 [Unofficial GA statutes; updated through 2005]

Georgia Animal Control Association: http://www.camdencounty.org/gaca/index.html [Under ‘favorite links’ there is a link to the GA statutes]

An animal control officer who believes there has been a violation of this article or any law adopted pursuant to this article may apply for an inspection warrant.  Ga. Code Ann. § 4-11-9.2(a).

“A person carrying out the duties of dog control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest.”  Ga. Code Ann. § 4-8-22(c).

·  ‘Animal Control Officer’: “"Animal control officer" means an individual authorized by local law or by the governing authority of a county or municipality to carry out the duties imposed by this article or imposed by local ordinance.”  Ga. Code Ann. § 4-11-2(1.1).

·  ‘Dog Control Officer’: “"Dog control officer" means an individual selected by a local government pursuant to the provisions of subsection (c) of Code Section 4-8-22 to aid in the administration and enforcement of the provisions of this article.”  Ga. Code Ann. § 4-8-21(a)(2).

·  Dog control officers are designated by local governments and the person appointed may serve more than one county or municipality if the governments have contracted for joint dog control services. A sheriff or rabies control officer may take on the additional duties of dog control officer.  Ga. Code Ann. § 4-8-22.

·  The dog control officer has the power to investigate and inquire about reports of dangerous dogs.  Ga. Code Ann. § 4-8-23.

·  A rabies control officer shall be appointed by the county board of health and shall be responsible for enforcing the “laws which regulate the activities of dogs.”  Ga. Code Ann. § 31-19-7.

·  “An animal control officer...may impound any animal: (1) that has not received humane care; (2) that has been subjected to cruelty in violation of Code Section 16-12-4 [Cruelty to animals]; (3) that is used or intended for use in any violation of Code Section 16-12-37 [Dogfighting]; or, (4) If it is determined that a consent order or other order concerning the treatment of animals issued pursuant to this article is being violated.” Ga. Code Ann. § 4-11-9.2(c).

 None listed

Hawaii

http://www.capitol.hawaii.gov/site1/docs/docs.asp#hrs [Updated through 2005; uses search terms to search statutes]

None listed

Agents appointed by the president of an incorporated society for the prevention of cruelty to animals may arrest persons, within their district, violating Haw. Rev. Stat.  Section 711-1109 (cruelty to animals) and bring such persons before a district judge. Haw. Rev. Stat. § 711-1110.

·  “Each county shall have the power to...provide for the appointment, powers, duties, and fees of animal control officers.” Haw. Rev. Stat. § 46-1.5(15).

·  Animal control officers appointed by the council of each county “shall have all the powers of a sheriff or police officer in carrying out” Haw. Rev. Stat. § 143 (“Animals: Licenses and Regulations”). Haw. Rev. Stat. § 143-7.

·  “Any...animal control officer may seize and, after notice to the owner if the owner can be found, may kill any dog running at large which is so obviously diseased as to be a menace to the health of persons or animals.” Haw. Rev. Stat. § 143-12.

·  The animal control officer may humanely destroy any dog taken into custody which is “unfit for further use” or is “dangerous to keep impounded.” Haw. Rev. Stat. § 143-13.

 None listed

Idaho

http://www3.state.id.us/idstat/TOC/idstTOC.html [Ability to search Idaho’s statutes by title or by keyword]

Idaho Humane Society: http://www.idahohumanesociety.com/animallaws.html [Link to Idaho animal laws, includes some municipal codes]

·  “In cooperation with local law enforcement” the Idaho State Department of Agriculture, division of animal industries, shall “investigate and develop cases for prosecution.”   “County or local officials, acting upon their own authority,” may investigate, develop, and prosecute animal cruelty violations within their jurisdiction.  Idaho Code § 25-3501.

·  A magistrate is authorized to issue a search warrant based upon a complaint made under oath and where there is “probable cause to believe that any provision of law relating to or in any way affecting animals, is being, or is about to be violated....” A search warrant may be directed to an animal control officer to authorize him to enter any place or building where such warrant is directed and investigate. Idaho Code § 25-3513.

·  During normal business hours, representatives from the Division of Animal Industries shall be permitted to enter upon premises where animals are kept to investigate reports of cruelty to animals with the owner’s permission. If the owner refuses to grant permission, the representative must request assistance from sheriffs, constables, or peace officers. Idaho Code § 25-3519.

·  “Any sheriff, constable, police or peace officer, qualified under the provisions of law to make arrests may enter any place, building or tenement where there is an exhibition of the fighting of birds or animals or where preparations are being made for such an exhibition, and without a warrant, arrest all persons there present.”  Idaho Code § 25-3509.

·  Upon the issuance of a search warrant, an animal control officer may arrest any person(s) present at the location described in the warrant that is violating or attempting to violate any law relating to or affecting animals. The animal control officer is required to “bring such person(s) before some court or magistrate of competent jurisdiction.” Idaho Code § 25-3513.

·  “Animal care and control officers enforcing this chapter shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on law enforcement officers who enforce this chapter and other criminal laws of the state of Idaho.”  Idaho Code § 25-3501A(2).

·  An animal control officer, subject to the limitations in Section 25-3501A [Enforcement—enforcement restrictions], may take custody of an animal being cruelly treated and may hold such animal until a final disposition is determined.  Idaho Code § 25-3504.

·  [No definitions for peace officer or animal control officer are listed]

Animal control officers may not remove production animals that are subject to violations of Idaho Code Sections 25-3504 [Committing cruelty to animals], 25-3505 [Carrying in a cruel manner] or 25-3511 [Permitting animals to go without care], without an inspection and written consent from an Idaho State Department of Agriculture investigator. Idaho Code § 25-3501A(3).

Illinois

http://www.agr.state.il.us/AnimalHW/awflaws.html

·  Appointed by Department of Agriculture

·  Yes.  Law enforcement officers and humane officers approved by the Department of Agriculture can investigate acts of animal cruelty. Humane Care for Animals Act 510 Ill. Comp Stat. 70/10. 

No.  Only law enforcement can make arrests for violations of animal cruelty laws. 

Humane Care for Animals Act 510 Ill. Comp. Stat. 70/3.04

Approved Humane Officer:

Qualifications

Illinois Administrative Code – Ill. Adm. Code tit. 8, § 25.10

http://www.ilga.gov/commission/jcar/admincode/008/008000350000100R.html

·  Have to be approved by the Department of Agriculture.

·  A person who is either a member or an employee of a humane society or a law enforcement officer can be a humane officer.

·  Has to have knowledge of the Humane Care for Animals Act and take a test to demonstrate that knowledge.

·  Officer must have knowledge of how to conduct and complete an investigation, including knowledge of how to file charges if required.

·  Officer must have a high school diploma or two years experience raising, caring for or breeding the particular animal being investigated.

·  An approved humane investigator is a two-year appointment.

Powers

·  Investigate all complaints of suspected violations of the Humane Care of Animals Act.  510 Ill. Comp. Stat. 70/10.

·  May enter during normal business hours upon any premises where the animal or animals described in the complaint are housed or kept. 510 Ill. Comp. Stat. 70/10. [Federally licensed laboratory facilities are exempt from this provision.]

·  Investigator can request authorization of impoundment if violator fails to take corrective action within 48 hours of notice of the violation. 510 Ill. Comp. Stat. 70/11.

·  If the situation warrants immediate seizure for the protection of the animal, or if the owner fails to take action, the investigator may impound the animal.  510 Ill. Comp. Stat. 70/11.

·  Investigator may enter a motor vehicle by any reasonable means if there is probable cause to believe an animal is in life or health threatening situation.  510 Ill. Comp. Stat. 70/7.1

Certification:

·  Have to pass an exam regarding the Humane Care for Animals Act in order to get a license as a Humane Investigator.   Illinois Administrative Code –  Ill. Adm. Code tit. 8, § 25.10

Humane investigator may not enter private residences without a search warrant or court order.  510 ILCS 70/10.

Indiana

http://www.in.gov/legislative/ic/code/title35/ar46/ch3.html

·  Humane agents are either deputy marshalls appointed by town marshalls or police officers appointed by city police departments.

·  Yes. Humane officers appointed by cities among members of the police department may investigate animal cruelty.  Ind. Code § 36-8-3-18.

·  Deputy marshalls of towns that are designated as town humane officers may investigate animal cruelty. Ind. Code. § 36-5-7-6.

Humane officers and deputy marshalls can detect and arrest persons violating the humane statutes.  Ind. Code § 36-8-3-18.

Qualifications: for both cities and towns (humane officers in cities, or deputy marshalls for towns)

·  A member of the police department for cities.  Ind. Code § 36-8-3-18.

·  A deputy marshall for towns.  Ind. Code. § 36-5-7-6.

Duties: for both cities and towns

·  Attend stated and special meetings of the city's incorporated humane society, if there is one.   Ind. Code § 36-8-3-18.

·  Report to the humane society, at least once a month, on all matters relating to his duties under law for the previous month.   Ind. Code § 36-8-3-18.

Powers:  for both cities and towns

·  If a humane statute or ordinance has, to his knowledge, been violated, he shall, if directed by the president of the humane society, file his affidavits before a court charging the person violating the law with the violation.   Ind. Code § 36-8-3-18.

For livestock animals, a state veterinarian investigates and makes a recommendation to the court regarding whether confiscation of an animal is necessary.  Ind. Code § 46-3-6.

Iowa

http://www.animallaw.info/statutes/statestatutes/stusinset.htm

[not an official web site]

·  Authority of law enforcement falls under the police departments of cities.

·  Yes. [Law Enforcement]

Yes. [Law Enforcement]

·  Law Enforcement Officer is a regularly employed member of a police force of a city or county, including a sheriff, who is responsible for the prevention and dedication of crime and the enforcement of the criminal laws of Iowa. Iowa Code § 717B.1

None listed

Kansas

http://www.kslegislature.org/legsrv-statutes/index.do

·  Humane agents are officers of duly incorporated humane societies.

·  Yes. [Law Enforcement] An officer or agent of a duly incorporated humane society may seize animals.  Kan. Stat. Ann. § 47-1803. [No definition for an officer or agent]

Yes. [Law enforcement]

·  A law enforcement officer is any person who by virtue of such person's office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. Kan. Stat. Ann. § 21-3110.

·  While arresting a person for dog fighting or being a spectator at a dogfight, a law enforcement officer may take into custody any dog on the premises where the dogfight is alleged to have occurred and any dog owned or kept on the premises of any person arrested for dog fighting or attending a dogfight.  Kan. Stat. Ann. § 21-4316.

·  “Officers or agents of duly incorporated humane societies may take into custody any animal, upon either private or public property, which clearly shows evidence of cruelty to animals.  Kan. Stat. Ann. § 21-4311.”

·  “An officer or agent of a duly incorporated humane society may file a sworn complaint to the county or district attorney in order to file charges for violating the animal cruelty laws.  Kan. Stat. Ann. § 21-4310.”

None listed

Kentucky

http://www.lrc.ky.gov/krs/titles.htm

·  Humane agents and Animal Control officers are contracted by cities, humane societies for the prevention of cruelty to animals.

·  Yes.  Animal Control Officers and Humane Agents have authority to investigate cruelty.  Ky. Rev. Stat. § 436.605

·  No.  Only peace officers have authority to arrest violators of the animal cruelty laws. Ky. Rev. Stat. § 436.605

·  If an animal control officer or a humane agent finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the officer or agent shall summon a peace officer to arrest the offender or offenders.  Ky. Rev. Stat. § 436.605.

Humane Agents and Animal Control Officers have the powers of non-elective peace officers, except arrest, if they possess the qualifications under Ky Rev. Stat. § 61.300:

·  Has to be a citizen of the US and is 21 years of age or over

·  Has never been convicted of a crime involving moral turpitude

·  Has not within a period of two years hired himself out, performed any service, or received any compensation from any private source for acting, as a privately paid detective, policeman, guard, peace officer, or otherwise as an active participant in any  labor dispute, or conducted the business of a private detective agency or of any agency supplying private detectives, private policemen, or private guards, or advertised or solicited any such business in connection with any labor dispute;

Training: – Ky. Rev. Stat. § 15.334

·  In addition to the above qualifications, a non-elective peace officer has to take mandatory professional development training course.

Animal Control Officer- additional powers: Ky. Rev. Stat. § 258.195

·  Animal control officers have the authority to issue uniform citations, local citations, or local notices for the enforcement of the provisions of the statutes relating to animal cruelty, mistreatment, or torture.

·  “Both have authority to investigate the animal cruelty laws under Ky. Rev. Stat. Ann. §525.125 and Ky. Rev. Stat. Ann. §525.130 and torture of dogs or cats under Ky. Rev. Stat. Ann. §525.135.”

None listed  

Louisiana

http://www.animallaw.info/statutes/statestatutes/stuslaset.htm

[not an official web site]

·  Commissioned as special police officers by the mayor of a city or town where there is a corporation for the prevention of cruelty to animals.

·  Yes.  If appointed and commissioned as special police officers by the mayor of a city or town where there is a corporation for the prevention of cruelty to animals.  La. Rev. Stat. § 3:2391.

·  Yes.  If appointed and commissioned as special police officers by the mayor of a city or town where there is a corporation for the prevention of cruelty to animals.  La. Rev. Stat. § 3:2391.

·  If there was a complaint made to a magistrate authorized to issue search warrants, the law enforcement officer may search and seize any animals in a building or place after a search warrant has been issued: based on reasonable belief that an animal has been cruelly treated (La. Rev. Stat. §14:102.3); or  arrest any person violating the dog-fighting law (La. Rev. Stat. §14:102.7).

·  “Peace officer” means any full-time employee of the state, a municipality, a sheriff, or other public agency, whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law enforcement department.  La. Rev. Stat. §40:2402.

Qualifications: La. Rev. Stat. § 3:2391

·  Nominated by agents of corporations for the prevention of cruelty to animals.

·  Appointed and commissioned by the mayor of the city or town and police jury of the parish as special police officers.

Powers:

·  Law enforcement has the authority to investigate and arrest violators of the anti-cruelty law (La. Rev. Stat. §14:102.1), dog-fighting law (La. Rev. Stat. §14:102.5), injuring or killing of a police animal law (La. Rev. Stat. §14:102.8), interfering with animal research law (La. Rev. Stat. §14:102.9), and bear-wrestling law (La. Rev. Stat. §14:102.10)

·  The arresting officer may seize the animal from the person who is charged with cruelty to animals. La. Rev. Stat. §14:102.2

·  When a living animal is impounded or confined, and continues without necessary food and water for more than twenty-four consecutive hours, any law enforcement officer may, as often as is necessary, enter any place in which the animal is impounded or confined and supply it with necessary food and water so long as it shall remain impounded or confined.  La. Rev. Stat. §14:102.4.

·  A law enforcement officer making an arrest under the dogfighting law may lawfully take possession of all fighting dogs on the premises.  La. Rev. Stat. §14:102.6

·  Shall have the usual power of policement and peace-officers. La. Rev. Stat. § 3:2391

·  Aid any corporation for the prevention of cruelty to animals in the enforcement in its respective locality of all laws enacted for the protection of dumb animals. La. Rev. Stat. § 3:2391

·  All officers of incorporated humane societies, in cities over twenty-five thousand and under one hundred thousand inhabitants, and all officers of the law in the cities, who are hereby made special officers of the societies, when in their judgment cruelty is being practiced towards any animal or the animal is bruised, wounded, crippled, abrased, sick, or diseased, may remove the animal whenever found to any stable designated by the humane society, for care and treatment, there to remain until sufficiently recovered to resume service. La. Rev. Stat. § 3:2431.

None listed

Maine

http://janus.state.me.us/legis/statutes/search.asp

·  Animal Control Officers are appointed by municipalities and certified by Commissioner of Agriculture, Food, and Rural Services.  Humane agents are appointed by the Commissioner of Agriculture, Food, and Rural Services.

·  Yes.  Animal control officers and humane agents can investigate complaints of cruelty to animals and enforce cruelty-to-animal laws under Title 7 of Agriculture and Animals, Part 9: Animal Welfare and Title 17. Criminal Code, Chapter 42. Animal Welfare.  Me. Rev. Stat. Ann. tit. 7,  § 3906B

No.  Animal control officers and humane agents can assist in investigation but law enforcement arrests.

Animal Control Officer Qualifications:

·  Appointed by each municipality.  Me. Rev. Stat. Ann. tit. 7, § 3947.

·  Cannot be convicted of a criminal violation under Title 17, Chapter 42 or has been adjudicated a civil violation for cruelty to animals under Chapter 739 to the position of animal control officer.  Me. Rev. Stat. Ann. tit. 7,  §  3947; Me. Rev. Stat. Ann. tit. 7, § 3906B

Powers:

·  Investigate complaints of cruelty to animals and enforce cruelty-to-animal laws under Chapter 739 of Title 7 of the civil laws and Title 17 of the criminal code.   Me. Rev. Stat. Ann. tit. 7,  §  3906B

·  Investigate alleged violations cruelty to animals both civil [Title 7] and criminal [Title 17].   Me. Rev. Stat. Ann. tit. 17, § 1023

·  “Both animal control officers and humane agents may apply to the District Court or the Superior Court for authorization to take possession of any maimed, disabled, diseased, dehydrated, malnourished or injured animal or any animal whose owner has cruelly abandoned or cruelly treated it and turn over the animal to the applicant or suitable person.   Me. Rev. Stat. Ann. tit. 17, § 1021 [have to present the owner with notice]”

·  “If there is reason to believe that an animal may be disabled, diseased, dehydrated or malnourished shall apply to District Court or Superior Court to take possession of the animal and turn it over to the applicant or other suitable person for examination and observation for a 30-day period.  Me. Rev. Stat. Ann. tit. 17, § 1021 [have to present the owner with notice]”

·  “If a humane agent has probable cause to believe that a violation of cruelty to animals, cruelty to birds, and animal fighting under Title 17 has taken pace or is taking place, can enter premises where animal is kept with consent by owner or by search warrant.”   Me. Rev. Stat. Ann. tit. 17, § 1034.

Training:  Me. Rev. Stat. Ann. tit 7,  §  3906B

·  Training in investigation of complaints of cruelty to animals

·  Training in response to calls concerning animals suspected of having rabies

·  Training in enforcement of dog licensing laws and rabies immunization laws.

Certification:

·  Certified by Commissioner of Agriculture, Food and Rural Resources after completion of training program.  Me. Rev. Stat. Ann. tit. 7,  §  3906-B

Humane Agent Qualifications:

·  Cannot be convicted of a criminal violation of animal cruelty or has been adjudicated of a civil violation for cruelty to animals

Powers:

·  May seek civil penalties as provided by law as well as permanent or temporary injunction, restraining order or other equitable relief as the court finds appropriate for enforcing civil violations under the Animal Welfare Laws.  Me. Rev. Stat. Ann. tit. 7 §  3909

·  Investigate alleged violations cruelty to animals both civil [Title 7] and criminal [Title 17].   Me. Rev. Stat. Ann. tit. 7 §  1023.

·  If the agent has reasonable cause to believe that  a violation of  Me. Rev. Stat. Ann. tit. 17,  §  1031 [cruelty to animals] and  Me. Rev. Stat. Ann. tit. 17, §  1032 [cruelty to birds] has taken place or is taking place may take possession of the cruelly treated animal [have to present owner with notice].  Me. Rev. Stat. Ann. tit. 17 §  1034

Training:

·  100-hour service training program at the Maine Criminal Justice Academy or a nationally recognized training program on investigation and enforcement of animal welfare laws. Me. Rev. Stat. Ann. tit. 7 §  3909

·  Successful completion of an examination of state animal welfare laws and rules adopted.  Me. Rev. Stat. Ann. tit. 7, § 3909

·  Complete training in the handling of small and large animals and a minimum of 40 hours of training each year, including a combination of classroom and hands-on training.  Me. Rev. Stat. Ann. tit. 7 § 3909

Certification:

·  Need certification for representation in court.  Me. Rev. Stat. Ann. tit. 33-A, § 4453.

May not provide or supply dealers, commercial kennels or laboratories with any seized animals or give, release, sell, trade, loan, transfer or otherwise provide any individual, firm, association, corporation, educational institution, laboratory, medical facility or anyone else for purposes of experimentation or vivisection.   17 M.R.S.A §  1025.

Maryland

·  Yes.  Law enforcement and officers of a humane society may investigate. 

·  A humane society is a society or association incorporated in Maryland for the prevention of cruelty to animals.  MD. Code. Ann., Criminal Law § 10-601. 

·  Yes.  An officer of a humane society may arrest if he or she sees a person committing a misdemeanor that involves cruelty to an animal.  MD. Code. Ann., Criminal Law § 10-609. [ Could not find anything on qualifications for an officer of a humane society]

·  In Baltimore County, Animal Control enforces misdemeanors that involve cruelty to animals.  MD. Code. Ann., Criminal Law § 10-609.

·  A humane agent may also seize an animal, if necessary, to protect the animal from cruelty.  [Does not apply entry to a private dwelling or removal of a farm animal without prior recommendation from a state licensed veterinarian].  MD. Code. Ann., Criminal Law § 10-615.

·  If an animal is impounded, yarded, confined without necessary food, water, or proper attention, is subject to cruelty, or is neglected, a humane agent may enter the place where the animal is located and supply the animal with necessary food, water, and attention; or remove the animal if removal is necessary for the health of the animal.  [Have to notify the owner of the removal] [Does not apply entry to a private dwelling or removal of a farm animal without prior recommendation from a state licensed veterinarian].  MD. Code. Ann., Criminal Law § 10-615.

·  May inspect dog kennels to determine if dogs are being treated inhumanely. [Have to give prior notice of the inspection]  MD. Code. Ann., Criminal Law § 10-616.

May not seize an animal that a medical and scientific research facility possess until the animal is reviewed and given a recommendation by the Department of Health and Mental Hygiene, Center for Veterinary Public Health.  MD. Code. Ann., Criminal Law § 10-615. 

Massachusetts

http://www.mass.gov/legis/laws/mgl/mgllink.htm

Yes.  Special state police officers appointed by the Massachusetts Society for the Prevention of Cruelty to Animals, the Berkshire Animal Protective Society, the Animal Rescue League or the Animal Rescue League of New Bedford.  Mass. Gen. Laws ch. 22C, § 57

Yes.  As special state police officers, the officers can arrest and detain violators of the animal cruelty laws. 

Mass. Gen. Laws ch. 22C, § 57

Qualifications:

http://www.mspca.org/site/pp.asp?c=gtIUK4OSG&b=126813

[not an official site]

·  Should have a bachelor’s degree, preferably in the field of Animal Science or Criminal Justice.

·  Have a significant level of prior experience working in the field of animal protection/welfare or law enforcement.

·  Pass a physical, medical, and psychological evaluation.

·  Must be at least 19 years old, a United States citizen, and an employee of a duly incorporated humane society.  Mass. Regs. Code tit. 515, § 5.04.

·  Submit two fingerprint cards.  Mass. Regs. Code tit. 515, § 5.04.

·  Have three references from three citizens of the United States who have known the applicant for at least three years preceding the date of application to be a special state police officer.  Mass. Regs. Code tit. 515, § 5.04.

·  Any person convicted of a felony shall not be appointed as a special state police officer.  Mass. Regs. Code tit. 515, § 5.04.

Powers:

http://www.mspca.org/site/pp.asp?c=gtIUK4OSG&b=126813

[not an official site]

·  Authority to investigate allegations of animal cruelty.

·  Authority to serve warrants.

·  Authority to make arrests.

·  Authority to testify at hearings.

·  Can arrest without a warrant any person mistreating a police department or policy agency dog in his presence. Mass. Gen. Laws ch. 272 , § 77A

Training: http://www.mspca.org/site/pp.asp?c=gtIUK4OSG&b=126813

[not an official site]

·  Successfully complete a 22-week basic police recruit academy program sponsored by the Massachusetts Criminal Justice Training Council.

·  Successfully complete a Law Enforcement Department training program addressed to animal protection laws, their enforcement and related topics.

·  Successfully complete a recruit training instruction program, which requires applicants to pass reasonable medical/physical fitness standards, and consists of a minimum of 300 hours of training.  Mass. Regs. Code tit. 515, § 5.05.  

·  Required, annually, to complete an approved course of in-service training.  Mass. Regs. Code tit. 515, § 5.06.

Badges/Certification/Firearms:

·  Have to be sworn in by justice of the peace or notary public.  Mass Gen. Laws ch. 22C, § 53

·  Issued a license by the Department of the State Police.  Mass Gen. Laws ch. 22C, § 53

·    Special police officers need a search warrant, based on reasonable belief that an exhibition of fighting animals has taken place or will take place, before entering a place, building, or tenement.  Mass Gen. Laws ch. 272, § 88.

·    Search warrants authorizing officers to search particular buildings or place, should not be made after sunset, unless specially authorized by magistrates.    Mass Gen. Laws ch. 272, § 83

Michigan

http://www.legislature.mi.gov/(jwni5mbr2lqq0p55zrqavfai)/mileg.aspx?page=home

·  Designated by a society incorporated for the prevention of cruelty to animals and appointed as deputy sheriff by the sheriff.

·  Yes, if designated by a society incorporated in the state for preventing cruelty to animal to discover and prosecute cases of violations of anti-cruelty statutes. Mich. Comp. Laws § 750.55

·  Yes, if the designated person is a deputy sheriff appointed by the sheriff.  Mich. Comp. Laws § 750.55

·  A deputy sheriff needs a search warrant, based on reasonable belief that a particular place or building is in violation of the animal cruelty laws, to arrest any person or person violating the animal cruelty laws within the place or building.  At the time of arrest, the officer may seize any device designed or adapted to torture or inflict wounds upon any animal or to aid in the fighting or baiting of any animal.  Mich. Comp. Laws § 750.54. 

Deputy sheriff appointed by the sheriff -

Qualifications –  Mich. Comp. Laws § 750.55:

·  Have to be appointed by an incorporated society for the prevention of cruelty to animals.

·  The person must be of good moral character.

Powers:

·  Once appointed, the deputy sheriff has all powers of a sheriff of the county in enforcement of animal provisions of the penal code.  Mich. Comp. Laws § 750.55

·  All sheriffs, deputy sheriffs, constables, police officers and public officers have a duty to arrest and prosecute all persons violating Michigan Penal Code 750.49-750.51.  Mich. Comp. Laws §  750.52

·  Deputy Sheriffs may arrest persons violating the Michigan Penal Code 750.49-750.52.  Mich. Comp. Laws § 750.53

·  Deputy Sheriffs may seize all animals and fowls found in keeping or custody of the person arrested and which are being used or held for use in violation of the Michigan Penal Code 750.49-750.52.  Mich. Comp. Laws § 750.53.

Failure by a deputy sheriff or sheriff to arrest and prosecute when they have knowledge or reasonable notice will result in a misdemeanor.  M.C.L.A 750.52.

Minnesota

http://www.leg.state.mn.us/leg/statutes.asp

·  Humane agents are appointed by Minnesota's humane societies.

·  Yes.  Agents of Minnesota’s humane societies can investigate violations of cruelty.  Minn. Stat. § 343.01.   

No.  Does not specify if agents of Minnesota's humane societies can arrest but says they can investigate and assist local law enforcement.  Minn. Stat. § 343.01.

Agents of Minnesota’s Humane Societies [subject to each local humane society laws] –

[No definition for “peace officer” listed]

Qualifications –  Minn. Stat. § 343.01:

·  Agents are appointed by the state federation of county and district societies for the prevention of cruelty to animals.

·  Agents must have training and experience in activities relating to prevention of cruelty to animals or enforcement of laws relating to cruelty of animals.

·  An employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the Board of Peace Officer Standards and Training.  Minn. Stat. § 626.84

·  Includes the Minnesota State Patrol, agents of the Division of Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit police officers, Department of Corrections' Fugitive Apprehension Unit officers, and Department of Commerce Insurance Fraud Unit officers.  Minn. Stat. § 626.84

·  No student may be admitted to the professional peace officer program who (a) poses a serious threat to the health or safety of themselves or others or (b) has been convicted of any crime listed as a disqualification from appointment to the position of peace officer under part 6700.0700, subpart 1, item E.  Minn. R. 6700.0300

·  Eligibility for examination: Students who successfully complete professional peace officer education which meets the minimum requirements in part 6700.0300, subpart 1, are eligible to take the peace officer licensing examination. An application must include an official certified transcript showing the completion of a postsecondary degree and the coordinator's signature attesting to the student's successful completion of professional peace officer education.  Minn. R. 6700.0500

·  Minimum Selection Standards:  Minn. R. 6700.0700

·  Be a citizen of the United States;

·  Possess a valid driver's license or be eligible to obtain such in Minnesota or in case of residency therein, a valid driver's license from a contiguous state; or eligibility to obtain either license;

·  Complete a comprehensive written application

·  Submit to a thorough background investigation;

·  Not have been convicted of a felony or under Minnesota Statutes, section 609.224, 609.2242, 609.231, 609.2325, 609.233, 609.2335, 609.234, 609.324, 609.465, 609.466, 609.52, or 609.72, subdivision 3; or convicted under any state or federal narcotics or controlled substance law irrespective or any proceeding under Minnesota Statues, section 152.18, or any similar law of another state or federal law; or any of the crimes listed in this item in another state or federal jurisdiction, or under a local ordinance that would be a conviction if committed in Minnesota;

·  Be fingerprinted for background check;

·  Undergo a thorough medical examination;

·  Undergo an evaluation by a licensed psychologist;

·  Pass a job-related examination of physical strength and agility;

·  Successfully complete an oral examination demonstrating communication skills.

·  After successfully completing the degree program, or the certificate program, students must pass the Minnesota Peace Officer Licensing Examination.  Minn. R. 6700.0500

Training:

·  The professional peace officer education must minimally include instruction in the learning objectives approved by the board and based on the following subject areas: Minn. R. 6700.0300

·  history and overview of the criminal justice system

·  Minnesota statute law

·  constitutional law and criminal procedure

·  juvenile justice system and procedure

·  patrol procedures

·  criminal investigation and testifying

·  human behavior and crisis intervention

·  defensive tactics and use of force

·  cultural awareness and response to crime victims

·  Complete use of force training every year. Minn. Stat. § 626.8452

·  Complete training in emergency vehicle operations and police pursuit every three years.  Minn. Stat. § 626.8458.

·  Must successfully complete 48 hours of law enforcement related continuing education every three years.  Minn. R 6700.1000.

Powers:

·  Investigate cases of animal cruelty.  Minn. Stat. § 343.01

·  Agents assist lawfully empowered officials in the prosecution of persons charged with the cruelty to animals.  Minn. Stat. § 343.01. 

·  Any person who has reason to believe that a violation animal cruelty has take place may apply to any court having jurisdiction for a warrant and for investigation.   Minn. Stat. § 343.22.

·  May remove, shelter, and care for any animal which is not properly sheltered from cold, hot or inclement weather or any animal not properly fed and watered, or provided with suitable food and drink in circumstances that threaten the life of the animal.  Minn. Stat. § 343.29.

·  May use reasonable force to enter a motor vehicle and remove a dog or cat which has been left in the vehicle if the dog’s or cat’s safety or health is in danger.  Minn. Stat. § 346.57.

·  May remove, shelter, and care for any animal which is not properly sheltered from cold, hot or inclement weather or any animal not properly fed and watered, or provided with suitable food and drink in circumstances that threaten the life of the animal.  Minn. Stat. § 343.29.

·  May use reasonable force to enter a motor vehicle and remove a dog or cat which has been left in the vehicle if the dog’s or cat’s safety or health is in danger.  Minn. Stat. § 346.57.

·  May remove, shelter, and care for dogs and birds used as fighting animals.  Minn. Stat. § 343.31

·  Peace officers are charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state. Minn. Stat. § 626.84

·  Peace officers have the full power of arrest.  Minn. Stat. § 626.84

·    No individual employed or acting as an agent of any political subdivision shall be authorized to carry a firearm when on duty unless the individual has been licensed under sections 626.84 to 626.863.  Minn. Stat. § 626.84

·    The peace officer may retain in custody, subject to the warrant, any property or things, including the animal if the warrant specifies.  M.S.A. § 343.22.

Mississippi

http://198.187.128.12/mississippi/lpext.dll?f=templates&fn=fs-main.htm&2.0

·  Law enforcement

·  Yes.  [Law enforcement]

Yes. [Law Enforcement]

·  “Law enforcement officer” means any person appointed or employed full time by the state or any political subdivision, or by the state military department as provided in Section 33-1-33, who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state and/or the ordinances of any political subdivision thereof.  Miss. Code Ann. §45-6-3.

·  Investigate and arrest violations of animal cruelty under Miss. Code Ann. §97-41-1 to §97-41-23, including, but not limited to, animal cruelty, animals used for fighting, killing or injuring public service animals, harassment of guide dogs, dog fights, poisoning animals, maliciously injuring dogs or cats,  maliciously injuring livestock, failure to feed or sustain animals, and depriving of food and water.

·  Authority to seize animals without court order if animal is in immediate danger because of natural disaster or poses a threat to the community.  Miss. Code Ann. §97-41-2. [Effective July 1, 2006]

·  Law enforcement officer has the duty to enter into any place kept for the purpose of fighting any bear, cock or other creature, except a dog, and to arrest each and every person concerned or participating therein.  Miss. Code Ann. §97-41-11.

·  Any officer making an arrest for dog fighting, may lawfully take possession of all dogs and all paraphernalia, implements, equipment, or other property used.  Miss. Code Ann. §97-41-9.

·  Law enforcement agency can seize an animal, for its care and protection upon a finding by the courts of probable cause to believe that the animal is being cruelty treated, neglected, or abandoned.  Miss. Code Ann. §97-41-2.

None listed

Missouri

http://www.moga.mo.gov/statutesearch/

Health official: Yes; Law Enforcement officer: Yes;

Animal Control officer: Not specified; State Highway Patrol: Yes

Health Official: Not specified; Law Enforcement officer: Yes; Animal Control Officer: Not specified;

State Highway Patrol: Yes

Powers:

·  Any duly authorized health official or law enforcement official may seek a warrant from the appropriate court to enable him to enter private property in order to inspect, care for, or impound neglected or abused animals.  All requests for such warrants shall be accompanied by an affidavit stating the probable cause to believe a violation of the animal cruelty laws.  See Mo. Rev. Stat. § 578.018 (2005). http://www.moga.state.mo.us/statutes/c500-599/5780000018.htm

·  Any duly authorized public health official, law enforcement official, or animal control officer may impound any animal found outside of the owned or rented property of the owner or custodian of such animal when such animal shows evidence of neglect or abuse.  See Mo. Rev. Stat. § 578.016 (2005) http://www.moga.state.mo.us/statutes/c500-599/5780000016.htm

·   Any member of the state highway patrol or other law enforcement officer may apply for and serve a search warrant, and shall have the power of search and seizure in order to enforce the animal fighting laws.  See Mo. Rev. Stat. § 578.030 (2005) http://www.moga.state.mo.us/statutes/c500-599/5780000030.htm

·  Any member of the state highway patrol or other law enforcement officer making an arrest under the animal fighting laws shall lawfully take possession of all dogs or other animals and all paraphernalia, implements, or other property or things used or employed, or about to be employed in the violation of those laws.  Mo. Rev. Stat. § 578.030 (2005). http://www.moga.state.mo.us/statutes/c500-599/5780000030.htm

None listed

Montana

http://data.opi.state.mt.us/bills/mca_toc/index.htm

Peace officer: Yes;

Private person: Not specified

·  Peace officer: Yes;

·  Private person: Yes, but only when there is probable cause that a person is committing an offense.  See Mont. Code Ann. §46-6-502 (2005) http://data.opi.state.mt.us/bills/mca/46/6/46-6-502.htm

·  An arrest may be made at any time of the day or night, except that a person may not be arrested in the person's home or private dwelling place at night for a misdemeanor committed at some other time and place unless upon the direction of a judge endorsed upon an arrest warrant.  See Mont. Code Ann. §46-6-105 (2005) http://data.opi.state.mt.us/bills/mca/46/6/46-6-105.htm

Qualifications:

·  "Peace officer" means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority.  See Mont. Code Ann. §46-1-202(17) (2005) http://data.opi.state.mt.us/bills/mca/46/1/46-1-202.htm

·  Peace officer means a deputy sheriff, undersheriff, police officer, highway patrol officer, fish and game warden, park ranger, campus security officer, or airport police officer.  See Mont. Code Ann. §7-32-303(1) (2005) http://data.opi.state.mt.us/bills/mca/7/32/7-32-303.htm

Powers:

·  A peace officer may arrest a person when a warrant has not been issued if the officer has probable cause to believe that the person is committing an offense or that the person has committed an offense and existing circumstances require immediate arrest.  See Mont. Code Ann. §46-6-311 (2005) http://data.opi.state.mt.us/bills/mca/46/6/46-6-311.htm

·  A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer's authority, of the intention to arrest that person, and of the cause of the arrest, except when the person to be arrested is actually engaged in the commission of or in an attempt to commit an offense or is pursued immediately after its commission, after an escape, or when the giving of the information will imperil the arrest.  See Mont. Code Ann. §46-6-312 (2005) http://data.opi.state.mt.us/bills/mca/46/6/46-6-312.htm

·  A private person may arrest another when there is probable cause to believe that the person is committing or has committed an offense and the existing circumstances require the person's immediate arrest.  See Mont. Code Ann. §46-6-502 (2005) http://data.opi.state.mt.us/bills/mca/46/6/46-6-502.htm

·  A private person making an arrest shall immediately notify the nearest available law enforcement agency or peace officer and give custody of the person arrested to the officer or agency.

None listed

Nebraska

http://srvwww.unicam.state.ne.us/Statutes2005.html

Animal Control or Animal Abuse employee: No; Law enforcement officer: Yes

Animal control or animal abuse employee: No; Law enforcement officer: Yes

Powers:

·  Any animal control or animal abuse employee, while acting in his or her professional capacity or within the scope of his or her employment, who observes or is involved in an incident which leads the employee to reasonably suspect that an animal has been abandoned, cruelly neglected, or cruelly mistreated shall report such to the entity or entities that investigate such reports in that jurisdiction.  See Neb. Rev. Stat. Ann. §28-1017 (2005) http://srvwww.unicam.state.ne.us/Statutes2005.html, See also http://www.animallaw.info/statutes/stusnest28_1001_1018.htm#s1017

·  Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for, or impound the animal.  See Neb. Rev. Stat. Ann. §28-1012(1) (2005) http://srvwww.unicam.state.ne.us/Statutes2005.html , See also http://www.animallaw.info/statutes/stusnest28_1001_1018.htm#s1012

·  Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner.  See Neb. Rev. Stat. Ann. §28-1012(2) http://srvwww.unicam.state.ne.us/Statutes2005.html , See also http://www.animallaw.info/statutes/stusnest28_1001_1018.htm#s1012

·  Any animal, equipment, device, or other property or things involved in a violation of animal cruelty shall be subject to seizure and distribution.  See Neb. Rev. Stat. Ann. §28-1012(3) http://srvwww.unicam.state.ne.us/Statutes2005.html , See also http://www.animallaw.info/statutes/stusnest28_1001_1018.htm#s1012

·  Any animal involved in an animal cruelty violation shall be subject to seizure.  See Neb. Rev. Stat. Ann. §28-1012(4) http://srvwww.unicam.state.ne.us/Statutes2005.html , See also http://www.animallaw.info/statutes/stusnest28_1001_1018.htm#s1012

·  It shall be the duty of the sheriff, a police officer, or the Nebraska state patrol to make prompt investigation of and arrest for any violation of the animal fighting laws.  See Neb. Rev. Stat. Ann. §28-1006(1) http://srvwww.unicam.state.ne.us/Statutes2005.html , See also http://www.animallaw.info/statutes/stusnest28_1001_1018.htm#s1006

None listed

Nevada

http://leg.state.nv.us/NRS/Index.cfm

Peace Officer: Yes;

Officer of a society for the prevention of cruelty to animals: Yes

Peace officer: Yes;

Officer of a society for the prevention of cruelty to animals: Yes, See Nev. Rev. Stat. Ann. §574.040(1) (2006) http://www.leg.state.nv.us/NRS/NRS-574.html#NRS574Sec040

Powers:

·  Any peace officer or officer of a society for the prevention of cruelty to animals who is authorized to make arrests shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care, or upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.  See Nev. Rev. Stat. Ann. §574.055(1) (2006) http://www.leg.state.nv.us/NRS/NRS-574.html#NRS574Sec055

·  Any officer authorized by law to make arrests may lawfully take possession of any animals, or implements, or other property used or employed, or about to be used or employed, in the violation of any provision of law relating to fights among animals.  See Nev. Rev. Stat. Ann. §574.080 (2006) http://www.leg.state.nv.us/NRS/NRS-574.html#NRS574Sec080

Qualifications for officers of a society for the prevention of cruelty to animals:

·  A member agent or local or district officer of a society for prevention of cruelty to animals, if authorized in writing by the trustees of the society, approved by the district judge of the county, and sworn in the same manner as peace officers are sworn, may make arrests for a violation of the cruelty to animal laws in the same manner as is provided for other officers.  See Nev. Rev. Stat. Ann. §574.040(1) (2006) http://www.leg.state.nv.us/NRS/NRS-574.html#NRS574Sec040

·  The society for prevention of cruelty to animals must have at least 25 members, and have been incorporated for not less than 5 years.  See Nev. Rev. Stat. Ann. §574.040(1)(a)-(b) (2006) http://www.leg.state.nv.us/NRS/NRS-574.html#NRS574Sec040

·  Each member of the society shall submit a complete set of fingerprints which the society shall submit to the sheriff of the county.  See Nev. Rev. Stat. Ann. §574.040(2) (2006) http://www.leg.state.nv.us/NRS/NRS-574.html#NRS574Sec040

Badge:

·  A member, agent or local or district officer who is authorized to make arrests shall, when making those arrests, exhibit and expose a suitable badge, to be adopted by the society.  See Nev. Rev. Stat. Ann. §574.040(4) (2006) http://www.leg.state.nv.us/NRS/NRS-574.html#NRS574Sec040

·    Cannot seize an animal without giving notice to the owner.  If the owner is not present at the taking, and the officer cannot find the owner after a reasonable search, he shall post notice on the property from which he takes the animal. See Nev. Rev. Stat. Ann. §574.055(2) (2006) http://www.leg.state.nv.us/NRS/NRS-574.html#NRS574Sec055

·    Cannot seize an animal which is located on land being employed for an agricultural use, unless the animal is being deprived of necessary sustenance, and the impoundment is accomplished with the supervision of a sheriff, a licensed veterinarian and the district brand inspector. See Nev. Rev. Stat. Ann. §574.055(6) (2006) http://www.leg.state.nv.us/NRS/NRS-574.html#NRS574Sec055

New Hampshire

http://www.gencourt.state.nh.us/rsa/html/nhtoc.htm

Peace officer: Yes;

Agent for society for the prevention of cruelty to animals: Not specified

·  Peace officer: Yes; Agent for the society for the prevention of cruelty to animals: Yes;  See N.H. Rev. Stat. Ann. §105:18 (2006) http://www.gencourt.state.nh.us/rsa/html/vii/105/105-18.htm

·  Whenever an officer makes an arrest upon view, or upon a warrant for a violation of the animal cruelty laws, he may take into his possession the animal which is the subject of such cruelty, and if the owner has not knowledge of such taking he shall give him notice forthwith.  See N.H. Rev. Stat. Ann. §105:14 (2006) http://www.gencourt.state.nh.us/rsa/html/vii/105/105-14.htm

·  If any person shall be found violating the laws in relation to cruelty of animals he may be arrested and held without warrant, in the same manner as in case of persons found breaking the peace. See N.H. Rev. Stat. Ann. §105:17 (2006) http://www.gencourt.state.nh.us/rsa/html/vii/105/105-17.htm

·  Any officer or agent of any incorporated society for the prevention of cruelty to animals, upon being designated in writing for that purpose by the sheriff of any county in this state, may, within such county, make arrests and bring before any court or magistrate having jurisdiction offenders found violating the provisions of this subdivision. See N.H. Rev. Stat. Ann. §105:18 (2006) http://www.gencourt.state.nh.us/rsa/html/vii/105/105-18.htm

Powers:

·  Any appropriate law enforcement officer, animal control officer, or officer of a duly licensed humane society may take into temporary protective custody any animal where there is probable cause to believe that it has been abused or neglected in violation of the animal cruelty laws, when there is such a clear and imminent danger to the animal’s health or life and there is not sufficient time to obtain a court order.  See N.H. Rev. Stat. Ann. §644:8(IV-a) (2006) http://www.gencourt.state.nh.us/rsa/html/lxii/644/644-8.htm

·    Must obtain a court order to seize an animal unless there is a clear and imminent danger to the animal’s health or life, and no sufficient time to obtain a court order. See N.H. Rev. Stat. Ann. §644:8(IV-a) (2006) http://www.gencourt.state.nh.us/rsa/html/lxii/644/644-8.htm 

·    Cannot seize an animal without giving notice to the owner.  See N.H. Rev. Stat. Ann. §105:14 (2006) http://www.gencourt.state.nh.us/rsa/html/vii/105/105-14.htm

New Jersey

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=37202482&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

Law enforcement officers: Yes;  Humane Law enforcement officers: Yes; Agent of a society for the prevention of cruelty to animals: Yes

·  Law enforcement officers: Yes, See N.J. Stat. Ann. §4:22-44(a) (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp

·  Humane Law Enforcement officers: Yes, See N.J. Stat. Ann. §4:22-44(a) (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp

·  Agent of a society for the prevention of cruelty to animals: No, but may issue summons.  See N.J. Stat. Ann. §4:22-11.1 (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp .

·  Any humane law enforcement officer, or any sheriff, undersheriff, constable, certified animal control officer, or police officer may make arrests for violations of cruelty to animal laws, and may arrest without a warrant any person found violating the animal cruelty laws and take such person before the nearest judge or magistrate as provided in this article.  See N.J. Stat. Ann. §4:22-44 (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp . See also http://www.animallaw.info/statutes/stusnjst4_22_15_57.htm#s44

·  An agent for the society of the prevention of cruelty to animals is empowered to issue summons and direct humane law enforcement officers to make arrests and enforce all law and ordinances enacted for the protection of animals, and to investigate alleged acts of cruelty to animals. See N.J. Stat. Ann. §4:22-11.1 (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp .

Qualifications:

·  A Humane law enforcement officer is an agent authorized and appointed by the board of trustees of a county society for the prevention of cruelty to animals or of the New Jersey Society for the Prevention of cruelty to animals, and duly commissioned by the Superintendent of State Police to possess, carry, or use a firearm while enforcing any law or ordinance for the protection of animals while on duty or on call, and who has satisfactorily completed the firearms training course approved by the police training commission and other training courses required.  See N.J. Stat. Ann. §4:22-11.1 (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp

Powers:

·  A sheriff, undersheriff, constable, police officer, certified animal control officer or humane law enforcement officer of the New Jersey Society for the prevention of cruelty to animals or of a county society for the prevention of cruelty to animals, may enter any building or place where there is an exhibition of the fighting or baiting of a living animal or creature, where preparations are being made for such an exhibition, or where a violation otherwise of animal fighting crimes is occurring, arrest without a warrant all persons there present, and take possession of all living animals or creatures engaged in fighting or there found and all implements or appliances used or to be used in such exhibition.  See N.J. Stat. Ann. §4:22-47 (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp.  See also http://www.animallaw.info/statutes/stusnjst4_22_15_57.htm#s47  

·  All state, county, and municipal law enforcement agencies and all county and municipal health agencies shall, upon request, make every reasonable effort to assist the humane law enforcement officers and agents of a county society for the prevention of cruelty to animals or the New Jersey Society for the prevention of cruelty to animals in the enforcement of all laws and ordinances enacted for the protection of animals.  See N.J. Stat. Ann. §4:22-11.12 (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp .

·  Each county society for the prevention of cruelty to animals shall require that its humane law enforcement officers and agents satisfactorily complete training courses.  See N.J. Stat. Ann. §4:22-11.8 (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp .

·  The police training commission, in collaboration with the New Jersey society for the prevention of cruelty to animals, shall develop or approve a training course for animal protection law enforcement, which shall include instruction in:

·  The law, procedures, and enforcement methods and techniques of investigation, arrest, and search and seizure, specifically in connection with violations of state and local animal cruelty laws and ordinances;

·  Information and procedures related to animals, including animal behavior traits and evaluation of animals at a crime scene;

·  Methods to identify and document animal abuse, neglect, and distress; and

·  Investigation of animal fighting.  See N.J. Stat. Ann. §4:22-11.11(a)(1)-(4) (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp

·  Every agent and Humane law enforcement officer appointed shall satisfactorily complete the animal protection law enforcement training course within one year after the date of the agent or officer’s appointment.  See N.J. Stat. Ann. §4:22-11.11(b) (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp .

Badges:

·  A county society for the prevention of cruelty to animals shall adopt a badge, which shall be the authority for making arrests and which shall be easily distinguishable from the badge adopted by the New Jersey society for the prevention of cruelty to animals.  See N.J. Stat. Ann. §4:22-11.7 (2006)  Yes, See N. J. Stat. Ann. §4:22-44(a) (2006) http://www.njleg.state.nj.us/legislativepub/sitemap.asp

None listed

New Mexico

http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0

Peace Officer: Yes;

State Police: Yes; Other: None specified

Peace Officer: Yes;

State Police: Yes;

Other: None specified

Qualifications for Peace Officer:

·  "Peace Officer" means any full-time salaried and commissioned or certified law enforcement officer of a police or sheriff's department or a conservation officer of the department of game and fish as used in Chapter 17 NMSA 1978 that is part of or administered by the state or any political subdivision of the state.  See N.M. Ann. Stat. §29-4A-3(B) http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0

Powers:

·  A peace officer who reasonably believes that the life or health of an animal is endangered due to cruel treatment may apply to the district court, magistrate court or the metropolitan court where the animal is located for a warrant to seize the animal. See N.M. Stat. Ann. §30-18-1.1 (2006) http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0

·  It is the duty of every sheriff, deputy sheriff, constable and every other peace officer to investigate all violations of the criminal laws of the state which are called to the attention of any such officer or of which he is aware, and it is also declared the duty of every such officer to diligently file a complaint or information, if the circumstances are such as to indicate to a reasonably prudent person that such action should be taken, and it is also declared his duty to cooperate with and assist the attorney general, district attorney or other prosecutor, if any, in all reasonable ways.  See N.M. Stat. Ann. §30-18-1.1 (2006)  http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-hit-h.htm&2.0

·  The state police shall be conservators of the peace within the state, with the full power to apprehend, arrest and bring before the proper court all law violators within the state.  See N.M. Stat. Ann. §29-2-18(A) (2006) http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-hit-h.htm&2.0

·  Upon request of any officer or agency of the state, charged with the duty of enforcing any law of the state, made to the New Mexico state police board, one or more members of the New Mexico state police may be temporarily designated specifically to enforce such provisions of such law.  See N.M. Stat. Ann. §29-2-18(D) (2006) http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-hit-h.htm&2.0

·  No qualifications listed

A Peace officer may not seize an animal without a warrant. See N.M. Stat. Ann. §30-18-1.1 (2006) http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0

New York

http://public.leginfo.state.ny.us/menugetf.cgi

Law enforcement officer: Yes; Agent or officer of a society for the prevention of cruelty to animals: Yes

·  Law enforcement officer: Yes; Agent or officer of a society for the prevention of cruelty to animals: Yes.  See N.Y. Agric. & Mkts. §371 (1999) http://public.leginfo.state.ny.us/menugetf.cgi See also http://www.animallaw.info/statutes/stusnyag_mkts332_379.htm#s371

·  A constable or police officer must, and any agent or officer of any duly incorporated society for the prevention of cruelty to animals may issue an appearance ticket, summon or arrest, and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of the animal cruelty laws.  See N.Y. Agric. & Mkts. §371 (1999) http://public.leginfo.state.ny.us/menugetf.cgi See also http://www.animallaw.info/statutes/stusnyag_mkts332_379.htm#s371

New YorkPeace Officer Qualifications: [agents for the society for the prevention of cruelty to animals are designated as peace officers]

·  Every peace officer in the state of New York, appointed after the effective date of this article, who works a full complement of hours which constitutes full-time employment for the officer's employer, must successfully complete a training program, a portion of which shall be prescribed by the municipal police training council and by his employer, the state or local agency, unit of local government, state or local commission, or public authority or private organization that employs him. The portion prescribed by the municipal police training council shall be comprised of subjects, and the hours each is to be taught, that shall be required of all types or classes of peace officers. The hours of instruction required by the municipal police training council shall not exceed thirty-five, unless a greater amount is either required by law or regulation, or is requested by the employer.  See N.Y. Crim. Proc. §2.30(1)(2005) http://public.leginfo.state.ny.us/menugetf.cgi

·  The segment prescribed by the employer for his employees shall be comprised of subjects, and the hours each is to be taught, relating to the special nature of the duties of the peace officers employed by him.  See N.Y. Crim. Proc. §2.30(1) (2005) http://public.leginfo.state.ny.us/menugetf.cgi

·  Each peace officer satisfactorily completing the course shall be awarded a certificate by the division of criminal justice services attesting to that effect, and no person appointed as a peace officer after the effective date of this article shall exercise the powers of a peace officer, unless he has received such certification within twelve months of appointment.  See N.Y. Crim. Proc. §2.30(1) (2005) http://public.leginfo.state.ny.us/menugetf.cgi

·  Where an employer has authorized a peace officer to carry or use a weapon during any phase of the officer's official duties, which constitutes on-duty employment, the program shall include the same number of hours of instruction in deadly physical force and the use of firearms and other weapons as is required in the basic training program for police officers by the municipal police training council. The program shall include the information set forth in subdivision seven of section 265.10 of the penal law.  See N.Y. Crim. Proc. §2.30(1) (2005) http://public.leginfo.state.ny.us/menugetf.cgi

·  No employer shall allow any peace officer to carry or use a weapon during any phase of the officer's official duties, which constitutes on-duty employment, unless the officer has satisfactorily completed a course of training approved by the municipal police training council in the use of deadly physical force and firearms and other weapons, and annually receives instruction in deadly physical force and the use of firearms and other weapons as approved by the municipal police training council.  See N.Y. Crim. Proc. §2.30(1) (2005) http://public.leginfo.state.ny.us/menugetf.cgi

·  Any individual who is a peace officer or a New York City special patrolman on the effective date of this article and has previously taken a formalized course of training while a peace officer or a New York City special patrolman, may apply, in writing, to the municipal police training council for certification. The certification shall be granted only if the municipal police training council determines that the course of training previously taken by the applicant is in substantial compliance with the training then presently required for new appointees.  See N.Y. Crim. Proc. §2.30(3) (2005) http://public.leginfo.state.ny.us/menugetf.cgi

·  A certificate attesting to satisfactory completion of the training requirements imposed under this section awarded to any peace officer by the executive director of the municipal police training council pursuant to this section shall remain valid during the holder's continuous service as a peace officer; and for two years after the date of the commencement of an interruption in such service where the holder had, immediately prior to such interruption, served as a peace officer for less than two consecutive years; or for four years after the date of the commencement of an interruption in such service where the holder had, immediately prior to such interruption, served as a peace officer for two consecutive years or longer.  See N.Y. Crim. Proc. §2.30(6) (2005) http://public.leginfo.state.ny.us/menugetf.cgi

Powers:

·  Officer or agents of a duly incorporated society for the prevention of cruelty to animals are designated as peace officers.  See N.Y. Crim. Proc. §2.10(7) (2005) http://public.leginfo.state.ny.us/menugetf.cgi

·  Any police officer or agent or officer of the American Society for the Prevention of Cruelty to Animals or any duly incorporated society for the prevention of cruelty to animals, may lawfully take possession of any lost, strayed, homeless or abandoned animal found in any street, road or other public place.  See N.Y. Agric. & Mkts. §373(1) (1999) http://public.leginfo.state.ny.us/menugetf.cgi  See also http://www.animallaw.info/statutes/stusnyag_mkts332_379.htm#s373

·  Any such police officer or agent or officer may also lawfully take possession of any animal in or upon any premises other than a street, road or other public place, which for more than 12 successive hours has been confined or kept in a crowded or unhealthy condition or in unhealthful or unsanitary surroundings or not properly cared for or without necessary sustenance, food or drink, provided that a complaint stating just and reasonable grounds is made under oath or affirmation to any magistrate authorized to issue warrants in criminal cases, and that such warrant authorizing entry and search is issued and delivered by such magistrate.  See N.Y. Agric. & Mkts. §373(2) (1999) http://public.leginfo.state.ny.us/menugetf.cgi.  See also http://www.animallaw.info/statutes/stusnyag_mkts332_379.htm#s373

·  Any such police officer or agent or officer may also lawfully take possession of any unwanted animal from the person in possession or custody thereof.  See N.Y. Agric. & Mkts. §373(3) (1999) http://public.leginfo.state.ny.us/menugetf.cgi  See also http://www.animallaw.info/statutes/stusnyag_mkts332_379.htm#s373

·  Until a final determination of the charges is made, any law enforcement officer, officer of a duly incorporated society for the prevention of cruelty to animals, or its authorized agents, may be authorized by an order of the court to make regular visits to where the animal is being kept to ascertain if the animal is receiving necessary, food, water, shelter and care. See N.Y. Agric. & Mkts. §373(7) (1999) http://public.leginfo.state.ny.us/menugetf.cgi.  See also http://www.animallaw.info/statutes/stusnyag_mkts332_379.htm#s373

·  Nothing shall prevent a law enforcement officer, officer of a duly incorporated society for the prevention of cruelty to animals, or its authorized agents, from applying for a warrant to seize any animal being held by the person charged pending the adjudication of the charges if it is determined that the animal is not receiving the necessary food, water, shelter or care.  See N.Y. Agric. & Mkts. §373(7) (1999) http://public.leginfo.state.ny.us/menugetf.cgi.  See also http://www.animallaw.info/statutes/stusnyag_mkts332_379.htm#s373

·  Any officer or agent of any said societies may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence.  See N.Y. Agric. & Mkts. §371 (1999) http://public.leginfo.state.ny.us/menugetf.cg.i  See also http://www.animallaw.info/statutes/stusnyag_mkts332_379.htm#s371

·  Any of said societies may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law relating to or affecting animals and may aid in presenting the law and facts before such court, tribunal or magistrate in any proceeding taken.  See N.Y. Agric. & Mkts. §371 (1999) http://public.leginfo.state.ny.us/menugetf.cgi.  See also http://www.animallaw.info/statutes/stusnyag_mkts332_379.htm#s371

·  Any agent or officer of the American Society for the Prevention of Cruelty to Animals, or any police officer, may lawfully and humanely destroy or cause to be humanely destroyed any animal found abandoned and not properly cared for, or any lost, strayed, homeless or unwanted animal.   See N.Y. CLS Agr & M §371 http://public.leginfo.state.ny.us/menugetf.cgi.  See also http://www.animallaw.info/statutes/stusnyag_mkts332_379.htm#s374

Cannot seize an animal on private property without a warrant.  See N.Y. Agric. & Mkts. §373(2) (1999) http://public.leginfo.state.ny.us/menugetf.cgi

North Carolina

http://www.ncleg.net/gascripts/statutes/Statutes.asp

Law enforcement officer: Yes; Animal Cruelty investigator: Yes

Law enforcement officers: Yes;

Animal Cruelty investigator: Not specified

Powers:

·  Whenever an animal is being cruelly treated, an animal cruelty investigator may file with a magistrate a sworn complaint requesting an order allowing the investigator to provide suitable care for and take immediate custody of the animal. See N.C. Gen. Stat. §19A-46(a) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-46.html

·  The animal cruelty investigator may request a law enforcement officer or animal control officer to accompany him to help him seize the animal.  See N.C. Gen. Stat. §19A-46(b) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-46.html

·  An investigator may forcibly enter any premises or vehicle when necessary to execute the order only if he reasonably believes that the premises or vehicle is unoccupied by any person and that the animal is on the premises or in the vehicle.  See N.C. Gen. Stat. §19A-46(b) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-46.html     

Qualifications for Animal Cruelty Investigators:

·  The board of county commissioners is authorized to appoint one or more animal cruelty investigators to serve without any compensation or other employee benefits in his county.  In making these appointments, the board may consider persons nominated by any society incorporated under North Carolina law for the prevention of cruelty to animals.  See N.C. Gen. Stat. §19A-45(a) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-45.html

·  Animal cruelty investigators shall serve a one year term subject to removal for cause by the board of county commissioners.  See N.C. Gen. Stat. §19A-45(b) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-45.html

·  Animal cruelty investigators shall take and subscribe the oath of office required of public officials.  See N.C. Gen. Stat. §19A-45(c) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-45.html

·  Each animal cruelty investigator at his own expense must attend annually a course of at least six hours instruction offered by the North Carolina Humane Federation or some other agency. See N.C. Gen. Stat. §19A-49 (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-49.html

Badge:

·  Animal cruelty investigators shall, while in performance of their duties, wear in plain view a badge of a design approved by the board identifying them as animal cruelty investigators, and provided at no cost to the county.  See N.C. Gen. Stat. § 19A-45(b) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-45.html

·  Animal cruelty investigators shall take and subscribe the oath of office required of public officials.  See N.C. Gen. Stat. §19A-45(c) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-45.html

·    An animal cruelty investigator cannot make forcible entry without the presence of a law enforcement officer. See N.C. Gen. Stat. §19A-46 (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-46.html

·    For animal cruelty investigations, forcible entry cannot be used after daylight hours.  See N.C. Gen. Stat. §19A-46(b) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-46.html

·    An animal cruelty investigator cannot enter premises without giving notice of his identity and purpose.  See N.C. Gen. Stat. §19A-46(b) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-46.html

·    The animal control investigator cannot seize an animal without leaving a copy of the magistrate’s order and a written description of the animal, the place where the animal will be taken, the reason for taking the animal, and the investigator’s intent to file a complaint, with the owner or affixed to the premises. See N.C. Gen. Stat. §19A-46(c) (2006) http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_19A/GS_19A-46.html

North Dakota

http://www.legis.nd.gov/information/statutes/cent-code.html

Law enforcement officer: Yes; Investigator: Yes

Law enforcement officer: Yes;

Investigator: No

Qualifications:

·  “Investigator” means any person approved by the Board of Animal Health to determine whether there has been a violation of the humane treatment of animals law. See N.D. Cent. Code §36-21.1-01(5) (2006) http://www.legis.nd.gov/cencode/t36c211.pdf

Powers:

·  Officer’s duty to arrest person instigating or promoting fights between animals.  See N.D. Cent. Code §36-21-09 (2006) http://www.legis.nd.gov/cencode/t36c21.pdf

·  Any sheriff, police officer, licensed veterinarian, or investigator may take custody of and care for any animal unjustifiably exposed to cold or inclement weather or not properly fed and watered.  See