Legislation

Education is Key, but Laws Make it Stick!

© 2003 Heidi Bickel, www.StrayPetAdvocacy.org

While education is the key in changing attitudes toward homeless companion animals, legislation is the only real way to ensure that everyone is held accountable for the animals. At this point in time, animals are not granted rights.

Government funded shelter (public shelters or pounds) laws seem to be not much more than an administrative matter. Shelters are more often than not seriously under-funded which results in sub-standard conditions for the animals and millions of euthanasias of healthy animals per year. Compound the lack of funding and lack of priority in state and local budgets with the uneducated public who don't see the urgent need to spay and neuter their pets and the many people who see animals as disposable commodities, and it is no wonder that there are many apathetic people caught in the system. It becomes is easy and even necessary to close your heart when you have to see loving animals killed every day because of uneducated and uncaring people. However, one state has taken a pro-active approach to this monumental problem. Please see the Shelter Law page for a Model Law from California that calls for ALL shelters to become no-kill shelters, to work with rescue organizations, and to improve the adoption rate.

Animal cruelty and abuse laws are generally considered to be "morality laws" to keep people on the straight and narrow. Unfortunately, animal advocates have a mainly uphill battle to show legislators and voters alike the need for tougher abuse laws. Fortunately for us, even if people and legislators are not so much interested in protecting the animals, there have been scientific studies that prove the link between animal abuse, spousal and child abuse, murder and other violent crimes, and even serial killers. According to the book Sexual Homicide Patterns and Motives by Robert Ressler, Ann Burgess and John Douglas, of the convicted sexual murderers that were a part of their study 26% abused animals as children, 46% abused animals as adolescents, and 36% continued to abuse animals as adults. For more information on the reasons why strong legislature on animal cruelty is necessary for our society, please see the following links:

Articles and Links - Updated Feb 2010

The Need for Strong Cruelty Legislation

Humane Society of America's First Strike page, to raise awareness of the correlation between animal abuse and violence toward fellow humans. If you have trouble with this link, please copy and paste this web address into your browser: http://www.hsus.org/ace/15828 - Feb 2010

The Case for Felony Laws Why we need to make Animal Abuse a Felony.  If you have trouble with this link, please copy and paste this web address into your browser: http://www.lisaviolet.com/cathouse/felony_yes.html - Feb 2010

The Abuse Connection, The clear connection between animal abuse and violence toward people.  If you have trouble with this link, please copy and paste this web address into your browser: http://www.pet-abuse.com/connection/ - Feb 2010

The Abuse of Animals and Domestic Violence A National Survey of Shelters of Women Who Are Battered. If you have trouble with this link, please copy and paste this web address into your browser: http://www.vachss.com/guest_dispatches/ascione_1.html - Feb 2010

Animal Abuse and Youth Violence  A twelve page study about the violence connection.  If you have trouble with the above link, please copy and paste this web address directly into your browser: http://www.theanimalspirit.com/contents.html - Feb 2010
 

Battered Women, Their Animal Companions, and Their Beliefs about  the Control They Have Over Protecting Them by Pamela Carlisle-Frank, Ph.D of FIREPAW "The present study examined the relationships battered women have with their companion animals, the level of personal control these women believe they have over their ability to protect themselves and their pets from harm by the abuser, and the role, if any, companion animals play in battered women's decision to remain with the abuser in order to protect their pets from harm."  If you have trouble with the above link, please copy and paste this web address directly into your browser: http://www.firepaw.org/FIREPAW.org/Home.html - Feb 2010

Coalition for Animal Justice A website with informative articles about the need for stronger cruelty legislation, why you should get involved, and most importantly HOW to get involved and make a difference. If you have trouble with the above link, please copy and paste this web address directly into your browser: http://www.animal-justice.org - Feb 2010
 

The Violence Connection by Doris Day Animal Foundation. "Our publication The Violence Connection: An Examination of the Link Between Animal Abuse and Other Violent Crimes stresses the growing importance of treating animal abuse as a serious crime. Intermixing research with illustrative examples, this booklet examines the link between animal abuse and child abuse, domestic violence, and other crimes." Available in PDF.  If you have trouble with the above link, please copy and paste this web address directly into your browser: http://www.ddaf.org/ - Feb 2010

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Legislative Links

Animal Cruelty Laws State by State Stray Pet Advocacy has compiled the current animal cruelty laws for each US State. The Cruelty Laws page contains an overview table if the state has any kind of felony provision in their animal cruelty law, and the maximum penalty for the first offense of animal cruelty. Cruelty Law AL-MT and Cruelty Law NE-WY contain summaries of the definition of animal cruelty, all sentencing provisions, including those for multiple convictions if it is spelled out in the law, and exclusions to the cruelty law for each state.  Our PDF Cruelty Laws State by State contains summaries for all states.
 

Canadian Federation of Humane Societies: Legislation:  The link shows proposed changes to legislation with the Criminal Code (ie: national - Bill C10B), but also lists the provincial laws and provides an 'enlightened' model for Canadian municipal laws.  If you have trouble with the above link, please copy and paste this web address directly into your browser:  http://cfhs.ca/law/ - Feb 2010
 

Model Shelter Law Stray Pet Advocacy has included the text of the bill that makes California have the most progressive law for government funded animal shelters in the US thus far.
 

Declaw Law. Stray Pet Advocacy is keeping up to date with the current push to outlaw declawing or enact Educate and Wait legislation.
 

To find out more about state laws and legislation pertaining to animals, visit www.animallaw.com and use the search tool.
  - Feb 2010

Born Free USA (formerly Animal Protection Institute) Legislation Stay up to date on state and federal legislation, the status of bills, and who to contact to support or oppose the legislation. If you have trouble with this link, please copy and paste this web address into your browser:  http://www.bornfreeusa.org/b4_legislation.php
 
- Feb 2010

Against Mandatory Licensing (PDF document).  The position statement of the San Francisco Society for the Prevention of Cruelty to Animals.  ©1995.  The SF/SPCA examines the detrimental effects of mandatory companion animal licensing. Hosted on the SF/SPCA website (http://www.sfspca.org/), in the Feral Cats Advocacy Department.  If you have trouble with the above link, please copy and paste this web address directly into your browser: http://www.sfspca.org/gifs/pdf_feralcats/license.pdf
 
- no longer active, Feb 2010

Pet Overpopulation vs. Animal Welfare Laws: The Cat Fanciers' Association position on Coercive Legislation. "The facts and findings of pet overpopulation are not related to pedigreed cat and dog breeding.  All data indicates that the problem is mainly related to free roaming and feral cat multiplication. Increase in human population density and the increased desire for cats as pets is a factor. Pet store and "backyard breeder" indiscriminate selling of animals without altering contracts and follow through is a factor. To focus on regulations attacking responsible breeders is not the solution. Pedigreed cat breeders provide education, funds and help raise the status of all cats. They can continue to contribute to solutions if they are not alienated by humane organizations that are insensitive to their interests." If you have trouble with the above link, please copy and paste this web address directly into your browser: http://www.cfainc.org/articles/why-not-coerce.html
 
- Feb 2010

"Cats:  There Ought to be a Law..."  Delineates the various ways that cities and municipalities have attempted to deal with the "nuisance" of feral and unowned cats, and the only logical solution of TNR. If you have trouble with the above link, please copy and paste this web address directly into your browser:  http://www.naiaonline.org/body/articles/archives/catsthere.htm - Feb 2010

MuniCode.com  "Contained on this website are Codes for more than 1,100 local governments"  Use this website to search for local codes and ordinances.  If you have trouble with the above link, please copy and paste this web address directly into your browser:  http://www.municode.com/
 
- Feb 2010

ASPCA Advocacy Center Stay up to date with federal and state legislation pertaining to the humane treatment of all animals. If you have trouble with the above link, please copy and paste this web address directly into your browser: http://www.aspca.org/fight-animal-cruelty/lobby-for-animals/ - Feb 2010
 

ASPCA State Animal Cruelty Law Summary Searchable database of over 550 state laws. If you have trouble with the above link, please copy and paste this web address directly into your browser:  http://www.aspca.org/site/FrameSet?style=StateLaw - Feb 2010

The Domestic Cat and The Law by Stephen Young. Legal article on the status of domestic cats in the US, including a Historical Introduction, Federal Legislation & Regulations, Landmark Cases, and Recent Texts.  If you have trouble with the above link, please copy and paste this web address directly into your browser:  http://www.llrx.com/features/catlaw.htm - Feb 2010

Introduction to Laws & Legislation by Spay USA There are thousands of local and state laws pertaining to companion animals, including an array that aim to address the surplus of cats and dogs. Spay USA has selected three good examples. If you have trouble with the above link, please copy and paste this web address directly into your browser: http://spayusa.org/main_directory/05-laws_and_legislation/index.asp - Feb 2010

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Model Statute Proposals

International Society for Animal Rights Special Reports include:

  • Model Adoption Sterilization Statute
  • Model Department of Animal Affairs Statute
  • Model Euthanasia Statistics Statute
  • Model Mandatory Spay/Neuter Statute
  • Model Spay/Neuter Tax Deduction Statute

"The International Society for Animal Rights (ISAR) was founded in 1959 to expose and end the injustice and exploitation of animals and the suffering inflicted on them. Since that time ISAR has become a leader in the fight for Animal Rights, living up to the commitment in its name. ISAR's philosophical foundation is unique from other animal welfare organizations because ISAR believes that animals have rights just as humans do and ISAR is 100% dedicated to defending them."  www.isaronline.orgIf you have trouble with the above link, please copy and paste this web address directly into your browser: http://www.isaronline.org - Feb 2010

Model Spay/Neuter Programs in Stray Pet Advocacy's Sterilization Section.

 

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