N.D. Cent. Code § 36-21.2-11

Current through the 2023 Legislative Sessions

Section 36-21.2-11 - Caged animals - Public display - Exemptions - Penalty

1. In addition to any other requirements set forth in this chapter, a person placing a caged animal on public display shall ensure that:

a. The size of the cage allows the animal to stand up, lie down, and turn or move about; and

b. The cage provides the animal with protection from the elements, as appropriate for the species, the breed, and the animal's age and physical condition.

2. Any person that willfully fails to meet the requirements of this section is guilty of a class A misdemeanor.

3. This section does not apply to:

a. The North Dakota state fair association;

b. Agricultural fair associations; or

c. Political subdivisions.

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. Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock;

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

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

N.D.C.C. § 36-21.2-11

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