N.D. Cent. Code § 36-21.2-01

Current through the 2023 Legislative Sessions

Section 36-21.2-01 - Neglect - Definition - Exemptions - Penalty

1. Any person that willfully engages in animal neglect is guilty of a class A misdemeanor.

2. For purposes of this chapter, "neglect" with respect to dogs and cats, means the failure to provide an animal with:

a. Food and water, as appropriate for the species, the breed, and the animal's age and physical condition;

b. Shelter from the elements, as appropriate for the species, the breed, and the animal's age and physical condition;

c. Necessary medical attention; and

d. An environment that is:

(1) Ventilated in a manner appropriate for the species, the breed, and the animal's age and physical condition;

(2) Cleaned in a manner appropriate for the species, the breed, and the animal's age and physical condition; and

(3) Free of conditions likely to cause injury or death to an animal of that species, breed, age, and physical condition.

3. For purposes of this chapter, "neglect" with respect to all animals other than those included in subsection 2, means the failure to provide:

a. Food and water that is:

(1) Appropriate for the species and the breed; and

(2) Sufficient to sustain the animal's health;

b. Minimal protection from adverse weather conditions, as appropriate for the species and the breed; and

c. Medical attention in the event of an injury or illness, as appropriate for the species and the breed.

4. The following do not constitute violations of this section:

a. Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;

(2) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;

(3) The sport of rodeo;

(4) Animal racing;

(5) The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;

(6) Fishing, hunting, and trapping;

(7) Wildlife management;

(8) The culinary arts;

(9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;

b. The humane or swift destruction of an animal for cause; and

c. Services provided by or under the direction of a licensed veterinarian.

N.D.C.C. § 36-21.2-01

Added by S.L. 2013, ch. 260 (SB 2211),§ 3, eff. 8/1/2013.