Q: INTERPRETATION OF AMBIGUOUS ANIMAL RIGHTS LAWS
Hi, I am going through the process of trying to help a neglected horse. The poor thing is completely isolated and kept in a small fenced enclosure in the backyard. She is only given food, water and shelter with no other care that is crucial for a horses health and welfare. I will be submitting a large document with evidence and photos. horses are not dogs or cats, they need a tremendous amount of care for them to be healthy and happy, but Animal Services refuses to address "proper care" El Dorado county ordinance states: no animal shall go without food, water, shelter or proper care. There are thousands of books and websites on proper horse care, so what can i do to help this horse? Does animal services have the final word on the interpretation of this law?
A:
Your books on best practices for horse care are irrelevant. The law does not impose a duty to provide the best care required for a horse to be healthy and happy. The law imposes a minimum standard. Those minimum standards are:
Horses must be provided with necessary food, drink and shelter or protection from the weather.
Penal Code Section 597 (b). If the water is clean, safe to drink, and in sufficient quantity, the standard is met. If they aren't too thin or fat, the standard is met. If there is shelter from the sun, rain, wind, etc., the standard is met.
“Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal’s access to adequate shelter, food, and water. This section shall not apply to an animal which is in transit…or in the immediate control of a person.” Penal Code Section 597(t)
“[W]hoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abused an animal…is…guilty of a crime…” Penal Code, Section 597(b)
“Every owner, driver, or keeper of any animal who permit the animal to be in any…enclosure… without proper care and attention is guilty of a misdemeanor.” Penal Code, Section 597.1(a)
Further, even if one or more of these standards is not met, the police and Animal Control are not required to act. Warren v. District of Columbia (444 A.2d. 1, D.C. Ct. of Ap. 1981) held that held that the police do not owe a specific duty to provide police services to citizens, so you cannot force Animal Control to do anything. You can present your evidence and hope that Animal Control does its job. If that is unsuccessful, you might consider buying the horse so that you can provide the level of care you think is appropriate.
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