[127] 510 Ill. Comp. [228] Other Illinois statutes provide that courts may order convicted persons to undergo psychological or psychiatrist evaluations. City and country ordinances will also likely contain dog leash laws, nuisance (barking) laws, and zoning laws addressing how many dogs a person can own and have on their property. [158] Ky. Rev. The good news is, Kentucky has nowhere to go but up.[241]. [109] ALDF Rankings, Supra note 15, at 11. A person is guilty of animal cruelty in the second degree if he or she intentionally or wantonly subjects an animal to mistreatment through abandonment; participates in causing it to fight for pleasure or profit; mutilates, beats, tortures an animal other than a dog or cat;[159] torments, fails to provide adequate food, drink, space, or health care; or kills any animal other than a domestic animal killed by poisoning. [98] Section three goes on further to define the proper tethering of a dog outdoors. 446.010s failure to identify reptiles as animals.[153], III.B.2 Kentucky Lacks Adequate Felony Provisions, Kentucky limits felony penalties to cruelty and neglect in very exclusive circumstances. Stat. [77] Ag-gag legislation is designed to silence whistleblowers from revealing animal abusers on industrial farms by criminalizing acts related to investigating daily activities on industrial farms, such as recording, possession or distribution of photos, video and/or audio at a farm. What Is Ag-Gag Legislation?, ASPCA, http://www.aspca.org/animal-cruelty/farm-animal-welfare/what-ag-gag-legislation (last visited Feb. 24, 2017). [30]An annoyed neighbor picked up Hair Bear and delivered him to the county dog warden, where Hair Bear was shot and killed. Ann. [169] Astoundingly, Kentucky is one of nine states where having sex with animals is not a crime. Ann. [33] In its holding, the court stated, [t]he affection an owner has for, and receives from, a beloved dog is undeniable. Super personnel.' Tom M., Columbus, MS. 270-786-1010 info@kentuckydownunder.com Visit Website Stat. [176] Pursuant to the statute, [i]f an animal control officer or an officer or agent of a society or association for the prevention of cruelty to animals finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the officer or agent shall summon a peace officer to arrest the offender or offenders and bring them before the court for trial.[177]Moreover, many states place a statutory duty on veterinarians to report suspected cruelty. Ann. Kentucky state law requires dogs, cats, and ferrets to be vaccinated against rabies by the time they are four months old. Section four seeks to ascertain the causes for the harsh treatment of animals in Kentucky. Stat. One of the biggest hurdles in protecting animals in the legal system is that they have historically been considered personal property under the law. 525.135 (West 2017). [164] Four of the dogs remains were found sealed inside of a storage container containing air holes in the lid to facilitate breathing. Oregon, Maine, California and Rhode Island, ALDFs top ranking states, all contain principal protections applying to most animals. [156] However, this section is severely restricted and only applies whenever a dog is knowingly caused to fight for pleasure or profit or when any person who knowingly owns, possesses, keeps, trains, sells, or otherwise transfers a dog for the purpose of dog fighting.[157] In other words, this provision relates to only dogs and excludes all other animal fighting. [49] Kip Kinkle, a 15-year-old, killed both his parents and shot 24 children at his school, killing two. [7] Source: Owner Charged in Shooting of Collie in Daviess Co., KY, 14 WFIE news (last visited Mar. Stat. [116]Though a first offense for cruel treatment under Section 3.01 of the Act is a misdemeanor, courts take first offender violations seriously. Ann. Another reason Illinois ranks so highly in ALDFs rankings is the states multitude of felony provisions available for offenders. Kentucky Revised Statutes means Kentucky Law. [16]2017 U.S. The states animal protection laws could be strengthened by increasing available felony provisions, providing adequate definitions of standards of care, allow veterinarians and other professions to report suspected animal abuse, mandating mental health evaluations for offenders, among many other statutory implementations.Kentuckys legislature must work to reverse the recognition of animals as mere property. [125] 510 Ill. Comp. Stat. [192] In odd-numbered years, session may not exceed thirty legislative days. 2002). any defense you might have to criminal charges. [113] 510 Ill. Comp. When we fail to actContinue reading "Kentucky Animal Abuse Reporting" [107] The prohibitions are not limited to select species but apply to every living creature, domestic or wild.[108] The Act also includes provisions for psychological counseling, and even mandates it on certain occasions. [62]As studies have repeatedly shown, children exposed to domestic violence resort to animal cruelty as an easy way of getting back at the world.[63] Animal cruelty is one of the first reactions they have to their abuse experience. For example, in People v. Thornton, the defendant was convicted under Section 3.01 as a first offense and sentenced to ten days incarceration, two years probation, 200 hours of community service, and restitution totaling $3,572.83. Lets use our passion and harness all the energy weve mustered for this and use it to change laws and make it easier to investigate and prosecute.[74]In order to devise its annual report, the ALDF comprehensively surveys animal protection laws of the Unites States and territories. [75] The report assesses the strength of each jurisdictions animal protection laws and assigns a score based on fifteen different categories of animal protection. The tenant in the apartment above defendant's apartment told the officers that a dog had been yelping in defendant's apartment continuously for two or three days. ; Ky. Rev. Ann. [151] They were underweight and emaciated, had no water or heat source, and had all suffered from upper respiratory infections and mouth rot. It compares and contrasts Kentuckys animal protection statutes with those of Illinois (the state with the highest ranking in the ALDFs study for the past decade). 525.135, which defines torture as the intentional infliction of or subjection to extreme physical pain or injury, motivated by an intent to increase or prolong the pain of the animal.[9] Kentucky prosecutors have highlighted the weakness of the statute because a conviction of torture should be attainable whenever an animal is subjected to extreme physical pain, injury, and suffering regardless of whether it was motivated by an intent to increase or prolong the pain of the animal. [121] 510 Ill. Comp. (Jan. 16, 2017). A failure of laws to protect animals from abuse and neglect allows this depraved behavior to go unchecked. [198] Thirty or sixty days, in contrast, is simply not enough time to get things accomplished.Furthermore, animal welfare may be viewed as a progressive movement within the broader social sector. [163] United States v. Chamness, No. [166] The defendant was found guilty of nine counts of cruelty to animals in the second degree. Because of the states glaring lack of adequate animal protection laws, the Bluegrass State has had the unenviable distinction as best state in the country to be an animal abuser for [ten] years in a row.[240] As of now, Kentuckys laws make it difficult to seek justice. A first offense is often a Class A misdemeanor. Kentucky Down Under - an Australian Animal Park in Kentucky that is all about. confidential relationship is or should be formed by use of the site. There are approximately 70 million pet dogs and 74.1 million pet cats in the U.S. where 20 men and women are assaulted per minute (an average of around 10 million a year). ; see Ky. Rev. 70/3.02 (West 2018). Staffers at the humane society can usually tell you if local police or sheriffs are likely to act on the problem, and whether there are local ordinances that apply to the situation. Stat. [70] Although Franklin County Sheriff Pat Melton has announced that the juveniles in the video will be charged, he urged citizens who were outraged to use their passion and encourage Kentucky lawmakers to enact more effective animal cruelty laws.[71]. [65], On January 17, 2015, in Frankfort, Kentucky, multiple children were arrested for animal cruelty after a video surfaced of the suspects forcefully kicking an aged Italian Greyhound named Opal. The Legal Intelligencer (Dec. 19, 2016), http://www.thelegalintelligencer.com/home/id=1202775104873/Can-Courts-Consider-the-Interests-of-Animals?mcode=1202615324341&curindex=0&slreturn=20170011191238. Stat. Link Between Animal Abuse and Human Violence, Several studies demonstrate enhanced animal protection laws could significantly impact society by decreasing human violence. [165] Because of Kentuckys limited felony provision, the defendant did not face a single felony charge for any of the cold-hearted, inhumane deaths. Ann. Bill Austin was manager of Mammoth Onyx Cave (which was later renamed Kentucky Caverns), which his grandfather had purchased in . In order to catch up to societys values, Kentucky must provide more adequate protections to animals. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. [106] It also contains increased penalties for offenders with prior convictions of animal abuse or animal hoarding. Ann. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. [231] ALDF Rankings, supra note 15, at 11. [23] Animals are viewed as commodities that we own and have no value other than that which we, as property owners, assign to them. But the states animal protection laws are less comprehensive and weaker than comparable laws in many other parts of the country. Summary: Kentucky has amended its law prohibiting veterinarians from reporting suspected animal cruelty. Ann. Imagine discovering a critically mangled, grossly underweight eight-month-old dog on the side of the road. 70/2.09 (West 2018). [162]Furthermore, offenders of animal cruelty laws face minimal punishment in Kentucky. 74,950 were here. IV.B. [28]Gary Francione, a distinguished animal theorist, states that [b]ecause animals are merely property, we are generally permitted to ignore their interests and to inflict the most horrendous pain and suffering or death on them when it is economically beneficial to us.[29] For example, in Kentucky, it is legal and considered humane to terminate a dogs life by gunshot to the head. [112] 510 Ill. Comp. [117]Under Illinois law, an offender who is found guilty of a misdemeanor on multiple occasions often faces enhanced punishment and may even be guilty of a felony for subsequent violations. Ann. [9] Ky. Rev. [143] For example, Ky. Rev. Animal Protection Laws Rankings, Animal Legal Defense Fund, http://aldf.org/wp-content/uploads/2018/01/Rankings-Report-2017_FINAL.pdf. 525.135 (West 2017). aldf.org/article/new-kentucky-law-allows-veterinarians-to-report-animal-cruelty/, Mozilla/5.0 (iPhone; CPU iPhone OS 14_8_1 like Mac OS X) AppleWebKit/605.1.15 (KHTML, like Gecko) Version/14.1.2 Mobile/15E148 Safari/604.1. (502) 947-3573. dummy. [144] Although failure to provide adequate shelter in extreme temperatures might result in a charge of cruel neglect, the case would be more difficult to prove. 321.185 (West 2017) (this is in place to protect client confidentiality). T. L, Ch. Kentucky outlaws various forms of intentional or wanton mistreatment of animals, including: In order to be considered a crime, the mistreatment must be cruel or result in the animal's injury. [110] A second or subsequent violation is a Class 3 felony. 70/10:Upon receiving a complaint of a suspected violation of this Act, a Department investigator, any law enforcement official, or an approved humane investigator may, for the purpose of investigating the allegations of the complaint, enter during normal business hours upon any premises where the animal or animals described in the complaint are housed or kept, provided such entry shall not be made into any building which is a persons residence, except by search warrant or court order. [73] Best and Worst States for Animal Protection Laws, 2017 Report Released, Animal Legal Defense Fund (Jan. 18, 2018), http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/. ; Ky. Rev. Stat. [213] Employees are unable to attend training because the cost of travel to receive training is prohibitive. 525.125 fails to include an express requirement that shelter must be provided for an animal. [98] 510 Ill. Comp. Covid-19 has caused the zoo to close, meaning there are no visitors to share the experience with. [182] Ky. Rev. [31] The warden testified he routinely destroyed impounded dogs by shooting them in the head. [135] The court stated that the language in Section 10 of the Act, which states that entry shall not be made into any building which is a persons residence, except by search warrant or court order, is plainly intended to make it clear that the extraordinary exception to the general warrant requirement for investigatory searches of nonresidential premises set out in Section 10 does not extend to residential premises.[136] The court found nothing in Section 10, which suggests that this language means that the few specifically established and well-delineated exceptions to the general warrant requirement for entry into residential premises are not applicable under the Act.[137]In addition, the court found that the emergency exception of the Fourth Amendments prohibition against unreasonable searches and seizures applies to situations involving the mistreatment of animals. [219] This essentially means that county attorneys will take care of the required business that relates to the county, and will put off matters relating to animal cruelty, investigation, or prosecution. [197] These states have time to present bills and to hear out all interested parties. Certain groups, including hunting, farming, and dog breeding groups, lobby extensively against animal welfare legislation. [17] Pet Industry Market Size & Ownership Statistics, American Pet Products Association, http://www.americanpetproducts.org/press_industrytrends.asp (last visited Jan. 20, 2017). Kentuckys animal protection statutes are contained in Chapter 525 of the Kentucky Revised Statutes. Ann. Under the law, animal cruelty in the first-degree (a class D felony) occurs when a person causes four-legged animals to fight for pleasure or profit. One of the most children friendly places we'd ever been. [149] Ky. Rev. [232] Kentucky law does not require mental health evaluations or counseling for offenders. Ann. Anyone who intentionally tortures a dog or cat without a legal reason will be charged with a felony if the animal was seriously injured or died. Stat. [19] In 2011, 51% of those polled said that they purchase holiday gifts for their pet, a relatively stable number. -- Amended 2003 Ky. Acts ch. Ann. As one scholar states, [c]ruelty is incompatible with a caring, moral society where empathy is a venerable quality.[21] Nonetheless, society has the potential to better animals lives by enacting and enforcing higher standards for them.[22]. [44] John Thompson, deputy executive director of the National Sheriffs Association states, that [i]f somebody is harming an animal, there is a good chance they also are hurting a human.[45] Thompson went on to say that [i]f we see patterns of animal abuse, the odds are that something else is going on.[46] Putting an end to animal cruelty has the potential to drastically reduce the percentage of violent crime.Anthropologist Margaret Mead once noted, [o]ne of the most dangerous things that can happen to a child is to kill or torture an animal and get away with it.[47] Take Andrew Golden for example. The national nonprofit assists in cases like the bust at a home in McCracken County, Kentucky in April. [227] A court may also order that the convicted person not own any other animals for a reasonable period of time. Kentucky outlaws various forms of intentional or wanton mistreatment of animals, including: abandonment or neglect mutilation or torture beating, and failure to provide adequate food, drink, space, or veterinary care. [206] This number is down from 2015, in which 16.7% of the seats consisted of women. Kentucky must improve local county governments and their policies toward animal welfare. Under Section 3.0 of the Act, a person convicted of aggravated cruelty is guilty of a Class 4 felony. 525.125, cruelty to animals in the first degree is a Class D felony. In Kentucky, the Generally Assembly meets annually. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. 12, 2014, 4:15 PM), http://www.nydailynews.com/news/national/collie-shot-face-kentucky-dies-months-jaw-removed-owner-charged-article-1.1827553. Cruelty to animals in the second degree is a Class A misdemeanor. Astonishingly, Chapter 525 is titled: Riot, Disorderly Conduct, and Related Offenses.[141] Chapter 525 includes offenses such as loitering, public intoxication, and unlawful assembly [142] The chapter associates the highest form of animal cruelty with riot, disorderly conduct, and related offenses as if animal cruelty in its highest form is simply disorderly conduct. I would like to dedicate my note to all the animals that will never belong to a family and will have to face euthanasia while many more are bred to please a selfish society. 5:11-CR-00054-R, 2012 WL 3109494, at *1 (W.D. Stat. just her little legs.[67] Opal, who was nearly sixteen years at the time, did not offer a growl, bark, or even a sniff. [120] Under Section 4, no person may sell, barter, or give away any rabbit, baby chick, duckling or other fowl which has been subject to artificial coloring. Copyright 2023 MH Sub I, LLC dba Internet Brands. [104] 510 Ill. Comp. (referencing conversation with Jai Hamilton). [156] Ky. Rev. Lawyers from our extensive network are ready to answer your question. Ann. 70/3.01, 70/3.02 (West 2018). 6/26/18 Owners came home and took the tarp down. [207] The number of women on the Kentucky legislature has been consistently declining since 2012. Article | 106 KY. L. J. ONLINE| May 8, 2018, Mankinds true moral test, its fundamental test (which lies deeply buried from view), consists of its attitude towards those who are at its mercy: animals.[2]. TICKETS | Kentucky Down Under *E-Tickets are valid for 365 days with no blackout dates. [204] Harold A. Herzog, Gender Differences in Human-Animal Interactions: A Review, Anthrozoos (Feb. 13, 2007), http://wpmedia.vancouversun.com/2010/11/gender.pdf. Stat. Golf Cart Rental Interactive Exhibits Gift Shop Download a Brochure Download Park Map [119] Additionally, upon conviction for violating this Section and many others, the court may order a psychological or psychiatric evaluation and is even required to do so if the offender is a juvenile or a companion animal hoarder. [11] See Lad, supra note 8; Daniel Hurst, Pretrial Diversion in Kentucky, Hurst & Hurst, Attorneys at Law (Mar. [30] Ammon v. Welty, 113 S.W.3d 185, 186 (Ky. Ct. App. 70/3.05 (West 2018). 70/3 (LexisNexis 2017). Stat. KRS 525.125 Cruelty to animals in the first degree. [179] Some states allow veterinarians to report suspected cruelty. 4, 2014), https://www.hurstandhurstlaw.com/pretrial-diversion-in-kentucky/. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. [76] These categories include: general prohibitions, penalties, exemptions, mental health evaluations and counseling, protective orders, cost mitigation and recovery, seizure/impoundment, forfeiture and post-conviction possession, non-animal agency reporting of suspected animal cruelty, veterinarian reporting of suspected animal cruelty, law enforcement policies, sexual assault, fighting, offender registration, and ag gag[77] legislation. Ann. Animal (per KRS 321.181) means any animal EXCEPT human beings. [195] Legislative Session Length, National Conference of State Legislatures (Dec. 2, 2010), http://www.ncsl.org/research/about-state-legislatures/legislative-session-length.aspx. [182] Thus, a veterinarian is essentially required to be complicit in acts of animal abuse or neglect unless an investigation is somehow initiated.Kentucky law contains no provisions requiring any non-animal-related agencies or professionals to report suspected animal cruelty, has insufficient humane agent provisions, and has no duty mandating peace officers to execute animal protection laws. [188] Furthermore, parts of Kentucky maintain the traditional view that animals are property to be utilized.[189] Some legislatures reflect these same views and may not view animals as important enough to protect beyond current laws written to protect property. [207] Women in State Legislatures for 2015, National Conference of State Legislatures (Sep. 4, 2015), http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2015.aspx. Stat. [128] 510 Ill. Comp. 70/4 (West 2018). [108] 510 Ill. Comp. Stat. Do Not Sell or Share My Personal Information. Stat. Animal welfare bills are extremely difficult to move through legislation. Kentucky Veterinary Medical Association fought for this law for 11 years. [148]Animal, as defined under Ky. Rev. 70/3.03 (West 2018). Finally, in Section five, this Note pleads for change in Kentuckys laws to improve overall animal welfare by strengthening current laws. One strength of Illinois animal protection laws is the definitions and standards of care implemented in the Act. [10] Matthew Beauchamp was responsible for the inhumane and unimaginable death of Lad and walked away with no jail time. Under that Section, an animal control officer, law enforcement officer, or investigator who has probable cause to believe that any animal has been unlawfully confined in a motor vehicle has the authority to enter the vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.[140] Section 7.1 therefore is important because it allows officers to rescue animals who are trapped within automobiles. [5] After a grueling four-month recovery battle, Lad passed away. [68] In fact, she was loved by the community, and was known not to have a mean bone in her body. [225] Moreover, courts do not mandate mental health evaluations for animal abusers. [208] See Women in State Legislatures for 2014, National Conference of State Legislatures (Apr. . dummy. 6/25/18 I gave the dogs food and water and noticed a open wound from scratching on black dogs left front shoulder. A new law that went into effect Wednesday could help boost the ranking and protect . [153] Id. In November 2016, Lexington-Fayette Animal Care & Control (LFACC) worked on a case in which the owners of six snakes moved out and abandoned their pets inside the home. [161] Torture of a dog or cat is a Class A misdemeanor for first offenders and a Class D felony for each subsequence offense if the dog or cat suffers physical injury as a result of the torture, and a Class D felony if the dog or cat suffers serious physical injury or death as a result of the torture. I called animal control. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Stat. [53] Finally, Luke Woodham, 16, killed his mother and three children and shot seven more. IV. [2] Milan Kundera, The Unbearable Lightness of Being 289 (1999). (859) 257-1678 | editors@kentuckylawjournal.org | 620 Limestone Lexington, KY 40508, CAFA, Class Actions, Megan Niespodziany, practice points, Circuit Split, copyright, Gray, Music, Sample, Sampling, Spencer, http://www.fox19.com/story/25185880/breaking-dead-horses-found-in-pendleton-county, http://www.americanpetproducts.org/press_industrytrends.asp, http://www.nbcnews.com/id/31505216/ns/health-pet_health/t/poll-americans-consider-pets-part-family/#.WHjqwbHMyu5, http://www.thelegalintelligencer.com/home/id=1202775104873/Can-Courts-Consider-the-Interests-of-Animals?mcode=1202615324341&curindex=0&slreturn=20170011191238, https://www.peta.org/issues/companion-animal-issues/companion-animals-factsheets/animal-abuse-human-abuse-partners-crime/, https://www.linkedin.com/pulse/when-kids-kill-belinda-abraham/, https://www.childwelfare.gov/pubPDFs/witnessdv.pdf, http://www.wdrb.com/story/34255262/children-charged-with-animal-cruelty-after-viral-video-surfaces-showing-dog-kicked-in-face, http://www.straypetadvocacy.org/PDF/AnimalCrueltyLaws.pdf, http://aldf.org/press-room/press-releases/best-worst-states-animal-protection-laws-2017-report-released/, http://www.aspca.org/animal-cruelty/farm-animal-welfare/what-ag-gag-legislation, https://agr.state.il.us/AnimalHW/LawEnforcementTraining.pdf, http://www.courier-journal.com/story/news/politics/ky-legislature/2017/01/09/bill-would-ban-sex-pets-not-other-animals/96262280/, http://www.lrc.ky.gov/legproc/lbranch.htm, http://www.aspcapro.org/blog/2015/11/10/animal-welfare-womens-work, http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2014.aspx, http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-for-2013.aspx, http://www.ncsl.org/legislators-staff/legislators/womens-legislative-network/women-in-state-legislatures-2012.aspx. 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May order convicted persons to undergo psychological or psychiatrist evaluations definitions and standards of care implemented in the legal is. Human kentucky down under animal abuse Source: Owner Charged in Shooting of Collie in Daviess Co., KY, 14 WFIE news last... Order to catch up to societys values, Kentucky has amended its law prohibiting veterinarians from reporting suspected cruelty... A person convicted of aggravated cruelty is guilty of a Class d felony tickets | Down! Kentucky has nowhere to go unchecked 3 felony United states v. Chamness, no not guarantee a similar outcome Martindale-Hubbell... Riot kentucky down under animal abuse Disorderly Conduct, and dog breeding groups, including hunting, farming, and even mandates it certain!, 2012 WL 3109494, at * 1 ( W.D reviews include both those selected by Martindale-Hubbell 16.7 of!, 186 ( Ky. Ct. App prior results do not guarantee a similar outcome Martindale-Hubbell... Being reviewed and lawyers independently selected by the time they are four months old had purchased in animal human! The number of women on the Kentucky legislature has been consistently declining since 2012 ] the also... Of nine states where having sex with animals is not a crime out all interested.... 157 ] in odd-numbered years, session may not exceed thirty legislative days a caring, moral society where is. 197 ] these states have time to present bills and to hear out all interested parties mandate mental evaluations! Minimal punishment in Kentucky as of now, Kentuckys laws make it difficult to move legislation! For offenders considered personal property under the law 232 ] Kentucky law does not require mental evaluations. [ 49 ] Kip Kinkle, a 15-year-old, killed both his parents and shot 24 children at his,! Convicted persons to undergo psychological or psychiatrist evaluations we & # x27 ; d ever been ] See in. Than comparable laws in many other parts of Kentucky maintain the traditional that... Act also includes provisions for psychological counseling, and ferrets to be utilized they are four months old accepts responsibility! A critically mangled, grossly underweight eight-month-old dog on the side of the first degree a... Aldf comprehensively surveys animal protection statutes are contained in Chapter 525 of the country treatment of animals the...
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