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HoofPAC is the political action committee that has been formed to end the slaughter of America's horses. Cathleen Doyle, founder of HoofPAC, led the successful Save The Horses campaign in 1998 that made the slaughter of California's horses a felony.
Page last revised on:
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State Statutes Information
This section of our website has information on action you can take to help the horses; pending legislation; USDA Regulations on the handling and slaughter of horses; individual state transport laws; California's Prop 6 which banned the sale of CA horses to slaughter, (Yes, CA's horse industry is still thriving!) and other related information.
Many states have their laws, (statutes or codes) online. You can check on the status of legislation affecting horses by going to your state legislatures website and doing a search. Type in the word "equine" or "horse". Often you can communicate with your state and or United States Senators and Representatives by e-mail. Remember though to include your full name and address in your e-mail.
Getting Involved
- Learn your state's laws.
- What horse organizations in your state represent the horses industry in the state legislature?
- Do they represent you on horse welfare issues? Many state horse councils are in favor of horse slaughter and do not take a strong stand on the enforcement of anti-cruelty laws as they apply to horses.
- If the horse industry organizations in your state do not represent your views on horse slaughter and horse welfare, write to your state representatives and let them know that these organizations do NOT represent you, a member of the horse industry, on this issue.
- Inform the horse organizations that you are a member of that you are
opposed to the use of double cattle trailers to transport horses & opposed
to the slaughter of horses for human consumption.
Reading a Statute
- Look for the Definitions - This section will tell you what animals
are covered under the statute and define certain terms.
- Look for Penalties- This section tells you what the
penalty is for a person convicted of the offense.
It also tells you whether or not the penalties are Civil
or Criminal. Criminal penalties can be enforced by
police departments. Civil Penalties do not allow for
imprisonment. Usually the penalty involves monetary
damages.
- Look for Authority- This section will tell you what law
enforcement agency or agencies have jurisdiction. In other
words, who can enforce the law.
Look for Sections - The sections will
describe the act(s) which are illegal.
State Statutes Abandoning Animals
State Statutes Cruelty to Animals
State Statutes Dead Animals
State Statutes Horsemeat
State Statutes Horse Transport
Laws
State Statutes Police Animals
State Statutes Selling Lame,
Disabled, or Debilitated Horses
Ohio Cruelty to Animals Statutes
CHAPTER 959: OFFENSES RELATING TO DOMESTIC ANIMALS
959.01
Abandoning animals.
No owner or keeper of a dog, cat, or other domestic
animal, shall abandon such animal.
Effective Date: 10-01-1953
959.02
Injuring animals.
No person shall maliciously, or willfully, and
without the consent of the owner, kill or injure
a horse, mare, foal, filly, jack, mule, sheep,
goat, cow, steer, bull, heifer, ass, ox, swine,
dog, cat, or other domestic animal that is the
property of another. This section does not apply
to a licensed veterinarian acting in an official
capacity.
Effective Date: 10-01-1953
959.03
Poisoning animals.
No person shall maliciously, or willfully and
without the consent of the owner, administer
poison, except a licensed veterinarian acting
in such capacity, to a horse, mare, foal, filly,
jack, mule, sheep, goat, cow, steer, bull, heifer,
ass, ox, swine, dog, cat, poultry, or any other
domestic animal that is the property of another;
and no person shall, willfully and without the
consent of the owner, place any poisoned food
where it may be easily found and eaten by any
of such animals, either upon his own lands or
the lands of another.
Effective Date: 10-01-1953
959.04
Trespassing animals.
Sections 959.02 and 959.03 of the Revised Code
do not extend to a person killing or injuring
an animal or attempting to do so while endeavoring
to prevent it from trespassing upon his enclosure,
or while it is so trespassing, or while driving
it away from his premises; provided within fifteen
days thereafter, payment is made for damages
done to such animal by such killing or injuring,
less the actual amount of damage done by such
animal while so trespassing, or a sufficient
sum of money is deposited with the nearest judge
of a county court or judge of a municipal court
having jurisdiction within such time to cover
such damages. Such deposit shall remain in the
custody of such judge until there is a determination
of the damages resulting from such killing or
injury and from such trespass. Such judge and
his bondsmen shall be responsible for the safekeeping
of such money and for the payment thereof as
for money collected upon a judgment.
Effective Date: 01-10-1961
959.05
Drugging animal prior to competition.
No person shall administer to any animal within
forty-eight hours prior to the time that the
animal competes at a fair or exhibition conducted
by a county or independent agricultural society
authorized under Chapter 1711. of the Revised
Code or by the Ohio expositions commission any
drug or medicament not specifically permitted
under rules of the state racing commission promulgated
pursuant to Chapter 3769. of the Revised Code
or under rules of the society, in respect to
a county or independent agricultural society,
or of the Ohio expositions commission, in respect
to the Ohio state fair. This section does not
apply to any horse racing meeting conducted under
a permit issued pursuant to Chapter 3769. of
the Revised Code.
Effective Date: 02-26-1976
959.06
Destruction of domestic animals.
(A) No person shall destroy any domestic animal
by the use of a high altitude decompression chamber
or by any method other than a method that immediately
and painlessly renders the domestic animal initially
unconscious and subsequently dead.
(B) This section does not apply to or prohibit
the slaughtering of livestock under Chapter 945.
of the Revised Code, or the taking of any wild
animal, as defined in section 1531.01 of the
Revised Code, when taken in accordance with Chapter
1533. of the Revised Code.
Effective Date: 01-01-1981
959.07
to 959.09 Repealed.
Effective Date: 11-02-1959
959.10
Repealed.
Effective Date: 12-14-1967
959.11
Repealed.
Effective Date: 11-02-1959
959.12
Alteration of brands.
No person shall maliciously alter or deface
an artificial earmark or brand upon a horse,
mare, foal, filly, jack, mule, sheep, goat, cow,
steer, bull, heifer, ass, ox, swine, that is
the property of another.
Effective Date: 10-01-1953
959.13 Cruelty to animals.
(A) No person shall:
(1) Torture an animal, deprive one of necessary sustenance,
unnecessarily or cruelly beat, needlessly mutilate or kill,
or impound or confine an animal without supplying it during
such confinement with a sufficient quantity of good wholesome
food and water;
(2) Impound or confine an animal without affording it, during
such confinement, access to shelter from wind, rain, snow, or
excessive direct sunlight if it can reasonably be expected that
the animals would otherwise become sick or in some other way
suffer. Division (A)(2) of this section does not apply to animals
impounded or confined prior to slaughter. For the purpose of
this section, shelter means a man-made enclosure, windbreak,
sunshade, or natural windbreak or sunshade that is developed
from the earth’s contour, tree development, or vegetation.[;]
(3) Carry or convey an animal in a cruel or inhuman[e] manner;
(4) Keep animals other than cattle, poultry or fowl, swine,
sheep, or goats in an enclosure without wholesome exercise and
change of air, nor or feed cows on food that produces impure
or unwholesome milk;
(5) Detain livestock in railroad cars or compartments longer
than twenty-eight hours after they are so placed without supplying
them with necessary food, water, and attention, nor permit such
stock to be so crowded as to overlie, crush, wound, or kill
each other.
(B) Upon the written request of the owner or person in custody
of any particular shipment of livestock, which written request
shall be separate and apart from any printed bill of lading
or other railroad form, the length of time in which such livestock
may be detained in any cars or compartment without food, water,
and attention, may be extended to thirty-six hours without penalty
therefor. This section does not prevent the dehorning of cattle.
(C) All fines collected for violations of this section shall
be paid to the society or association for the prevention of
cruelty to animals, if there be such in the county, township,
or municipal corporation where such violation occurred.
Effective Date: 01-17-1977
959.14
Horse tails.
No owner or person having the custody, control,
or possession of a horse, mare, gelding, foal,
or filly, nor an agent or employee of such
owner or custodian, shall cut off or cause
to be cut off or amputated the skin, flesh,
muscles, bone, or integuments of the dock or
tail thereof, in order to shorten its natural
length or proportions; nor shall any such owner,
person, or the agent or employee of either
pull out the hairs of the foretop, mane, or
withers thereof. This section does not prohibit
the cutting or amputation of the dock or tail
of a horse, mare, gelding, foal, or filly when
necessary because of accident, malformation,
or disease affecting such dock or tail.
Effective Date: 10-01-1953
959.19
Prohibition against servicing mare in public street.
No owner of a stallion or jack or the agent
of such owner, shall permit it to serve a mare
within thirty feet of a public street or alley
in a municipal corporation.
Effective Date: 10-01-1953
959.20
Use of certain devices on work animals prohibited.
As used in this section:
(A) “Work animal” includes a horse, pony, mule,
donkey, mare, ox, bull, gelding, or other animal used or intended
to be used for a work purpose.
(B) “Work purpose” means the performance by a
work animal of some work or labor, including showing, performing,
or being used in any exhibition, show, circus, rodeo, or similar
use.
(C) “Owner” includes any person, firm, association,
or corporation owning or having a proprietary interest in
or possession, custody, or charge of a work animal.
No person shall directly or indirectly or by aiding, abetting,
or permitting the doing thereof put, place, fasten, use, or
fix upon or to any work animal used or readied for use for
a work purpose, twisted wire snaffles, unpadded bucking straps,
unpadded flank straps, electric or other prods, or similar
devices.
The commission or performance of any act prohibited by this
section is the act of the owner of the work animal upon or
to which such act was done.
Effective Date: 07-24-1986
959.99
Penalty.
(A) Whoever violates section 959.18 or 959.19
of the Revised Code is guilty of a minor misdemeanor.
(B) Except as otherwise provided in this division, whoever
violates section 959.02 of the Revised Code is guilty of a
misdemeanor of the second degree. If the value of the animal
killed or the injury done amounts to three hundred dollars
or more, whoever violates section 959.02 of the Revised Code
is guilty of a misdemeanor of the first degree.
(C) Whoever violates section 959.03, 959.06, 959.12, 959.15,
or 959.17 of the Revised Code is guilty of a misdemeanor of
the fourth degree.
(D) Whoever violates division (A) of section 959.13 of the
Revised Code is guilty of a misdemeanor of the second degree.
In addition, the court may order the offender to forfeit the
animal or livestock and may provide for its disposition, including,
but not limited to, the sale of the animal or livestock. If
an animal or livestock is forfeited and sold pursuant to this
division, the proceeds from the sale first shall be applied
to pay the expenses incurred with regard to the care of the
animal from the time it was taken from the custody of the
former owner. The balance of the proceeds from the sale, if
any, shall be paid to the former owner of the animal.
(E)(1) Whoever violates division (B) of section 959.131 of
the Revised Code is guilty of a misdemeanor of the first degree
on a first offense and a felony of the fifth degree on each
subsequent offense.
(2) Whoever violates section 959.01 of the Revised Code or
division (C) of section 959.131 of the Revised Code is guilty
of a misdemeanor of the second degree on a first offense and
a misdemeanor of the first degree on each subsequent offense.
(3)(a) A court may order a person who is convicted of or
pleads guilty to a violation of section 959.131 of the Revised
Code to forfeit to an impounding agency, as defined in section
959.132 of the Revised Code, any or all of the companion animals
in that person’s ownership or care. The court also may
prohibit or place limitations on the person’s ability
to own or care for any companion animals for a specified or
indefinite period of time.
(b) A court may order a person who is convicted of or pleads
guilty to a violation of section 959.131 of the Revised Code
to reimburse an impounding agency for the reasonably necessary
costs incurred by the agency for the care of a companion animal
that the agency impounded as a result of the investigation
or prosecution of the violation, provided that the costs were
not otherwise paid under section 959.132 of the Revised Code.
(4) If a court has reason to believe that a person who is
convicted of or pleads guilty to a violation of section 959.131
of the Revised Code suffers from a mental or emotional disorder
that contributed to the violation, the court may impose as
a community control sanction or as a condition of probation
a requirement that the offender undergo psychological evaluation
or counseling. The court shall order the offender to pay the
costs of the evaluation or counseling.
(F) Whoever violates section 959.14 of the Revised Code is
guilty of a misdemeanor of the second degree on a first offense
and a misdemeanor of the first degree on each subsequent offense.
(G) Whoever violates section 959.05 or 959.20 of the Revised
Code is guilty of a misdemeanor of the first degree.
(H) Whoever violates section 959.16 of the Revised Code is
guilty of a felony of the fourth degree for a first offense
and a felony of the third degree on each subsequent offense.
Effective Date: 04-09-2003
CHAPTER 1717: HUMANE SOCIETIES
1717.01
Humane society definitions.
As used in sections 1717.01 to 1717.14,
inclusive, of the Revised Code, and in every
law relating to animals:
(A) “Animal” includes every
living dumb creature;
(B) “Cruelty,” “torment,” and “torture” include
every act, omission, or neglect by which
unnecessary or unjustifiable pain or suffering
is caused, permitted, or allowed to continue,
when there is a reasonable remedy or relief;
(C) “Owner” and “person” include
corporations. For the purpose of this section
the knowledge and acts of the agents and
employees of a corporation, in regard to
animals transported, owned, or employed by,
or in the custody of, such agents and employees,
are the knowledge and acts of the corporation.
Effective Date: 10-01-1953
1717.02
Objects and powers of humane societies.
The objects of the Ohio humane society,
and all societies organized under section
1717.05 of the Revised Code, shall be the
inculcation of humane principles and the
enforcement of laws for the prevention of
cruelty, especially to children and animals.
To promote those objects such societies may
acquire property, real or personal, by purchase
or gift. All property acquired by such a
society, by gift, devise, or bequest, for
special purposes, shall be vested in its
board of trustees, which shall consist of
three members elected by the society. The
board shall manage such property and apply
it in accordance with the terms of the gift,
devise, or bequest, and may sell it and reinvest
the proceeds.
Effective Date: 10-01-1953
1717.03
Ohio humane society.
The state society for the prevention of
cruelty to animals shall remain a body corporate,
under the name of “the Ohio humane
society,” with the powers, privileges,
immunities, and duties possessed before March
21, 1887, by the state society for the prevention
of cruelty to animals, specified by sections
1717.01 to 1717.14, inclusive, of the Revised
Code, as to county humane societies.
Branches of the Ohio humane society consisting
of not less than ten members each may be
organized in any part of the state to prosecute
the work of the societies in their several
localities, under rules and regulations prescribed
by the Ohio humane society. Humane societies
organized in any county under section 1717.05
of the Revised Code may become branches of
the Ohio humane society by resolution adopted
at a meeting called for that purpose, a copy
of which resolution shall be forwarded to
the secretary of state.
The Ohio humane society may elect such officers,
and make such rules, regulations, and bylaws,
as are deemed expedient by its members for
their own government and the proper management
of its affairs.
Effective Date: 10-01-1953
1717.04
Agents of Ohio humane society.
The Ohio humane society may appoint agents,
in any county where no active county humane
society exists under section 1717.05 of the
Revised Code, to represent it and to receive
and account for all funds coming to it from
fines or otherwise, and may also appoint
agents at large to prosecute its work throughout
the state. Such agents may arrest any person
found violating any law for the protection
of persons or animals, or the prevention
of cruelty thereto. Upon making such arrest
the agent forthwith shall convey the person
arrested before some court or magistrate
having jurisdiction of the offense, and there
make complaint against him.
Such agents shall not make such arrests
within a municipal corporation unless their
appointment has been approved by the mayor
of the municipal corporation, or within a
county beyond the limits of a municipal corporation
unless their appointment has been approved
by the probate judge of the county. Such
mayor or probate judge shall keep a record
of such appointments.
Effective Date: 10-01-1953
1717.05
County humane societies.
A society for the prevention of acts of
cruelty to animals may be organized in any
county by the association of not less than
seven persons.
The members of such society, at a meeting
called for the purpose, shall elect not less
than three of their members as its board
of directors, and such directors shall continue
in office until their successors are duly
chosen.
The secretary or clerk of such meeting shall
make a true record of the proceedings thereat
and certify and forward such record to the
secretary of state, who shall record it.
Such record shall contain the name by which
the association is to be known, and from
and after its filing with the secretary of
state the board of directors and the associates,
and their successors, shall have the powers,
privileges, and immunities incident to incorporated
companies. A copy of such record, certified
by the secretary of state, shall be taken
in all courts and places in this state as
evidence that such society is a duly organized
and incorporated body.
Such society may elect such officers, and
make such rules, regulations, and bylaws,
as are deemed expedient by its members for
its own government and the proper management
of its affairs.
Effective Date: 10-01-1953
1717.06
Agents of county humane society.
A county humane society organized under
section 1717.05 of the Revised Code may appoint
agents, who are residents of the county or
municipal corporation for which the appointment
is made, for the purpose of prosecuting any
person guilty of an act of cruelty to persons
or animals. Such agents may arrest any person
found violating this chapter or any other
law for protecting persons or animals or
preventing acts of cruelty thereto. Upon
making an arrest the agent forthwith shall
convey the person arrested before some court
or magistrate having jurisdiction of the
offense, and there make complaint against
the person on oath or affirmation of the
offense.
All appointments of agents under this section
shall be approved by the mayor of the municipal
corporation for which they are made. If the
society exists outside a municipal corporation,
such appointments shall be approved by the
probate judge of the county for which they
are made. The mayor or probate judge shall
keep a record of such appointments.
In order to qualify for appointment as a
humane agent under this section, a person
first shall successfully complete a minimum
of twenty hours of training on issues relating
to the investigation and prosecution of cruelty
to and neglect of animals. The training shall
comply with rules recommended by the peace
officer training commission under section
109.73 of the Revised Code and shall include,
without limitation, instruction regarding
animal husbandry practices as described in
division (A)(12) of that section. A person
who has been appointed as a humane agent
under this section prior to the effective
date of this amendment may continue to act
as a humane agent for a period of time on
and after the effective date of this amendment
without completing the training. However,
on or before December 31, 2004, a person
who has been appointed as a humane agent
under this section prior to the effective
date of this amendment shall successfully
complete the training described in this paragraph
and submit proof of its successful completion
to the appropriate appointing mayor or probate
judge in order to continue to act as a humane
agent after December 31, 2004.
An agent of a county humane society only
has the specific authority granted to the
agent under this section and section 1717.08
of the Revised Code.
Effective Date: 04-09-2003
1717.07
Salary of agents.
Upon the approval by the mayor of a municipal
corporation of the appointment of an agent
under section 1717.06 of the Revised Code,
the legislative authority of such municipal
corporation shall pay monthly to such agent,
from the general revenue fund of the municipal
corporation, such salary as the legislative
authority deems just and reasonable. Upon
the approval by the probate judge of a county
of such an appointment, the board of county
commissioners of such county shall pay monthly
to such agent, from the general revenue fund
of the county, such salary as the board deems
just and reasonable. Such board and such
legislative authority may agree upon the
amount each is to pay such agent monthly.
The salary to be paid monthly to such agent
by the legislative authority of a village
shall be not less than five dollars; the
legislative authority of a city, not less
than twenty dollars; and by the board of
county commissioners of a county, not less
than twenty-five dollars. Not more than one
such agent in each county shall receive remuneration
from the board under this section.
Effective Date: 10-01-1953
1717.08
Police powers of officers, agents, and members.
An officer, agent, or member of the Ohio
humane society or of a county humane society
may interfere to prevent the perpetration
of any act of cruelty to animals in his presence,
may use such force as is necessary to prevent
it, and to that end may summon to his aid
any bystanders.
Effective Date: 10-01-1953
1717.09
Member may require police to act.
A member of the Ohio humane society or of
a county humane society may require the sheriff
of any county, the constable of any township,
the marshal or a policeman of any municipal
corporation, or any agent of such a society,
to arrest any person found violating the
laws in relation to cruelty to persons or
animals, and to take possession of any animal
cruelly treated in their respective counties
or municipal corporations, and deliver such
animals to the proper officers of the society.
Effective Date: 10-01-1953
1717.10
Fees.
For all services rendered in carrying out
sections 1717.01 to 1717.14, inclusive, of
the Revised Code, a sheriff, constable, marshal,
or policeman shall be paid such fees as he
is allowed for like services in other cases.
Such fees must be charged as costs, and reimbursed
to the humane society by the person convicted.
Effective Date: 10-01-1953
1717.11
Liability to owner in damages.
A person guilty of cruelty to an animal
which is the property of another shall be
liable to the owner of the animal in damages,
in addition to the penalties prescribed by
law.
Effective Date: 10-01-1953
1717.12
Conviction of agent no bar to action against
employer.
The conviction of an agent or employee of
cruelty to animals does not bar an action
for cruelty to animals against his employer
for allowing a state of facts to exist which
will induce cruelty to animals on the part
of such agent or employee.
Effective Date: 10-01-1953
1717.13
Any person may protect animal.
When, in order to protect any animal from
neglect, it is necessary to take possession
of it, any person may do so. When an animal
is impounded or confined, and continues without
necessary food, water, or proper attention
for more than fifteen successive hours, any
person may, as often as is necessary, enter
any place in which the animal is impounded
or confined and supply it with necessary
food, water, and attention, so long as it
remains there, or, if necessary, or convenient,
he may remove such animal; and he shall not
be liable to an action for such entry. In
all cases the owner or custodian of such
animal, if known to such person, immediately
shall be notified by him of such action.
If the owner or custodian is unknown to such
person, and cannot with reasonable effort
be ascertained by him, such animal shall
be considered an estray and dealt with as
such.
The necessary expenses for food and attention
given to an animal under this section may
be collected from the owner of such animal,
and the animal shall not be exempt from levy
and sale upon execution issued upon a judgment
for such expenses.
Effective Date: 10-01-1953
1717.14
Protection of children.
When an officer or agent of the Ohio humane
society or of a county humane society deems
it for the best interest of a child, because
of cruelty inflicted upon the child or because
of the child’s surroundings, that the
child be removed from the possession and
control of the parents or persons having
charge of the child, the officer or agent
shall comply with section 2151.421 of the
Revised Code.
As used in this section “child” means
any person under eighteen years of age.
Effective Date: 01-01-1974; 09-21-2006
1717.15
Board of county commissioners may make yearly
appropriation.
The board of county commissioners may, at
the end of each year, make a yearly appropriation
to the county humane society from the general
fund of the county of such funds as the board
deems reasonable. Such funds are to supplement
any gifts, funds received from the dog and
kennel fund, and any other funds received
by the society and are to be used to carry
out the activities of the society.
Effective Date: 10-14-1963
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