12 | 13 | | A BILL TO BE ENTITLED 1 |
---|
13 | 14 | | AN ACT TO REFORM ANIMAL CRUELTY AND NEGLECT LAWS TO ADD 2 |
---|
14 | 15 | | STANDARDS FOR ADEQUATE SPACE AND SHELTER AND TO ADDRESS 3 |
---|
15 | 16 | | COMPANION ANIMAL HOARDING . 4 |
---|
16 | 17 | | The General Assembly of North Carolina enacts: 5 |
---|
17 | 18 | | SECTION 1. G.S. 14-360 reads as rewritten: 6 |
---|
18 | 19 | | "§ 14-360. Cruelty to animals; construction of section. 7 |
---|
19 | 20 | | (a) If any person shall Persons who (i) intentionally overdrive, overload, wound, injure, 8 |
---|
20 | 21 | | torment, kill, or kill an animal, or deprive any animal of necessary sustenance, adequate shelter, 9 |
---|
21 | 22 | | or adequate space or (ii) cause or procure any animal to be overdriven, overloaded, wounded, 10 |
---|
22 | 23 | | injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender 11 |
---|
23 | 24 | | shall for every such offense be adequate shelter, or adequate space are guilty of a Class 1 12 |
---|
24 | 25 | | misdemeanor.misdemeanor, with each act constituting a separate offense. If the convicted person 13 |
---|
25 | 26 | | is a companion animal hoarder, the judge shall impose a requirement that the defendant obtain a 14 |
---|
26 | 27 | | psychological evaluation and comply with any treatment recommended as a result of that 15 |
---|
27 | 28 | | evaluation. 16 |
---|
28 | 29 | | (a1) If any person shall Persons who maliciously kill, or cause or procure to be killed, any 17 |
---|
29 | 30 | | animal by intentional deprivation of necessary sustenance, that person shall be sustenance are 18 |
---|
30 | 31 | | guilty of a Class H felony. If the convicted person is a companion animal hoarder, the judge shall 19 |
---|
31 | 32 | | impose a requirement that the defendant obtain a psychological evaluation and comply with any 20 |
---|
32 | 33 | | treatment recommended as a result of that evaluation. 21 |
---|
33 | 34 | | (b) If any person shall Persons who maliciously torture, mutilate, maim, cruelly beat, 22 |
---|
34 | 35 | | disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, 23 |
---|
35 | 36 | | disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be 24 |
---|
36 | 37 | | animal are guilty of a Class H felony. felony, with each act constituting a separate offense. 25 |
---|
37 | 38 | | However, nothing in this section shall be construed to increase the penalty for cockfighting 26 |
---|
38 | 39 | | provided for in G.S. 14-362. 27 |
---|
39 | 40 | | (c) As used The following definitions apply in this section, the words"torture", "torment", 28 |
---|
40 | 41 | | and "cruelly" include or refer to any act, omission, or neglect causing or permitting unjustifiable 29 |
---|
41 | 42 | | pain, suffering, or death. As used in this section, the word "intentionally" refers to an section: 30 |
---|
42 | 43 | | (1) Adequate shelter. – Shelter that meets all of the conditions of this subdivision. 31 |
---|
43 | 44 | | Adequate shelter does not include the outdoor tethering of an animal during 32 |
---|
44 | 45 | | any period of extreme weather at the site where the animal is tethered. 33 |
---|
45 | 46 | | a. The shelter is suitable for the species, age, condition, size, and type of 34 |
---|
48 | 53 | | b. The shelter protects each animal from injury, rain, sleet, snow, hail, 1 |
---|
49 | 54 | | direct sunlight, the adverse effects of heat or cold, physical suffering, 2 |
---|
50 | 55 | | and impairment of health. 3 |
---|
51 | 56 | | c. The shelter is properly lighted and cleaned and enables each animal to 4 |
---|
52 | 57 | | remain clean and dry, except when detrimental to the species. 5 |
---|
53 | 58 | | d. The shelter is properly shaded and does not readily conduct heat during 6 |
---|
54 | 59 | | periods when the ambient air temperature at the shelter is greater than 7 |
---|
55 | 60 | | 85 degrees Fahrenheit. 8 |
---|
56 | 61 | | e. The shelter provides a windbreak at its entrance and, during periods 9 |
---|
57 | 62 | | when the ambient air temperature at the shelter is less than 32 degrees 10 |
---|
58 | 63 | | Fahrenheit, bedding material consisting of straw, cedar shavings, or 11 |
---|
59 | 64 | | the equivalent sufficient to protect the animal from cold and promote 12 |
---|
60 | 65 | | the retention of body heat. 13 |
---|
61 | 66 | | f. For dogs and cats, the shelter provides a solid surface, resting platform, 14 |
---|
62 | 67 | | pad, floormat, or similar device that is large enough for the animal to 15 |
---|
63 | 68 | | lie on in a normal manner and can be maintained in a sanitary manner. 16 |
---|
64 | 69 | | g. The shelter's wire, grid, or slat floors (i) do not permit the animals' feet 17 |
---|
65 | 70 | | to pass through the openings, (ii) do not sag under the animals' weight, 18 |
---|
66 | 71 | | and (iii) protect the animals' feet and toes from injury. 19 |
---|
67 | 72 | | (2) Adequate space. – Sufficient space to allow each animal freedom of 20 |
---|
68 | 73 | | movement. Adequate space for an animal that is tethered means all of the 21 |
---|
69 | 74 | | following: 22 |
---|
70 | 75 | | a. The tether to which the animal is attached permits freedom of 23 |
---|
71 | 76 | | movement and is appropriate to the age and size of the animal; is 24 |
---|
72 | 77 | | attached to the animal by a properly applied collar, halter, or harness 25 |
---|
73 | 78 | | configured so as to protect the animal from injury and prevent the 26 |
---|
74 | 79 | | animal or tether from becoming entangled with other objects or 27 |
---|
75 | 80 | | animals or from extending over an object or edge that could result in 28 |
---|
76 | 81 | | the strangulation or injury of the animal. 29 |
---|
77 | 82 | | b. The tether is at least 15 feet in length or four times the length of the 30 |
---|
78 | 83 | | animal, as measured from the tip of its nose to the base of its tail, 31 |
---|
79 | 84 | | whichever is greater, except when the animal is being walked on a 32 |
---|
80 | 85 | | leash or is attached by a tether to a lead line; does not, by its material, 33 |
---|
81 | 86 | | size, or weight or any other characteristic, cause injury or pain to the 34 |
---|
82 | 87 | | animal. 35 |
---|
83 | 88 | | c. The tether does not weigh more than one-tenth of the animal's body 36 |
---|
84 | 89 | | weight and does not have weights or other heavy objects attached to 37 |
---|
85 | 90 | | it. 38 |
---|
86 | 91 | | d. Tethering does not include the walking of an animal on a leash. 39 |
---|
87 | 92 | | (3) Animal. – Every living vertebrate in the classes Amphibia, Reptilia, Aves, and 40 |
---|
88 | 93 | | Mammalia except human beings. 41 |
---|
89 | 94 | | (4) Companion animal. – an animal that is commonly considered to be, or is 42 |
---|
90 | 95 | | considered by the owner to be, a pet. The term includes, but is not limited to, 43 |
---|
91 | 96 | | canines, felines, and equines. 44 |
---|
92 | 97 | | (5) Companion animal hoarder. – A person who (i) possesses 10 or more 45 |
---|
93 | 98 | | companion animals; (ii) fails to or is unable to provide what he or she is 46 |
---|
94 | 99 | | required to provide under this section; (iii) displays an inability to recognize 47 |
---|
95 | 100 | | or understand the nature of or has a reckless disregard for the conditions under 48 |
---|
96 | 101 | | which the companion animals are living and the deleterious impact they have 49 |
---|
97 | 102 | | on the companion animals' and owner's health and well-being. 50 |
---|
98 | 103 | | (6) Extreme weather. – Any of the following: 51 General Assembly Of North Carolina Session 2025 |
---|
100 | 105 | | a. The effective period of a hurricane warning or tropical storm warning 1 |
---|
101 | 106 | | issued for the area by the National Weather Service. 2 |
---|
102 | 107 | | b. The effective period for a heat advisory issued by a local or State 3 |
---|
103 | 108 | | authority. 4 |
---|
104 | 109 | | c. Any period when the actual or effective outdoor temperature is above 5 |
---|
105 | 110 | | 85 degrees Fahrenheit or below 32 degrees Fahrenheit. 6 |
---|
106 | 111 | | d. The effective period for a severe weather warning issued for the area 7 |
---|
107 | 112 | | by the National Weather Service, including a winter storm, tornado, or 8 |
---|
108 | 113 | | severe thunderstorm warning. 9 |
---|
109 | 114 | | (7) Freedom of movement. – With respect to an animal, means the animal can (i) 10 |
---|
110 | 115 | | easily stand, sit, lie, turn around, and make all other normal body movements 11 |
---|
111 | 116 | | in a comfortable, normal position for the animal and (ii) interact safely with 12 |
---|
112 | 117 | | other animals in the same enclosure. 13 |
---|
113 | 118 | | (8) Intentionally. – With respect to an act, that the act was committed knowingly 14 |
---|
114 | 119 | | and without justifiable excuse, while the word "maliciously" means an excuse. 15 |
---|
115 | 120 | | (9) Lawful hunt. – The pursuit or taking of game animals in compliance with 16 |
---|
116 | 121 | | applicable laws and rules of the Wildlife Resources Commission. 17 |
---|
117 | 122 | | (10) Maliciously. – With respect to an act, that the act was committed intentionally 18 |
---|
118 | 123 | | and with malice or bad motive. As used in this section, the term "animal" 19 |
---|
119 | 124 | | includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and 20 |
---|
120 | 125 | | Mammalia except human beings. However, this 21 |
---|
121 | 126 | | (11) Torture, torment, or cruelly. – Includes any act, omission, or neglect causing 22 |
---|
122 | 127 | | or permitting unjustifiable pain, suffering, or death. 23 |
---|
123 | 128 | | (d) Exclusions. – This section shall not apply to the following activities: 24 |
---|
124 | 129 | | (1) The lawful taking of animals under the jurisdiction and regulation of the 25 |
---|
125 | 130 | | Wildlife Resources Commission, except that this section shall apply to those 26 |
---|
126 | 131 | | birds other than pigeons exempted by the Wildlife Resources Commission 27 |
---|
127 | 132 | | from its definition of "wild birds" pursuant to G.S. 113-129(15a). 28 |
---|
128 | 133 | | (2) Lawful activities conducted for purposes of biomedical research or training or 29 |
---|
129 | 134 | | for purposes of production of livestock, poultry, or aquatic species. 30 |
---|
130 | 135 | | (2a) Lawful activities conducted for the primary purpose of providing food for 31 |
---|
131 | 136 | | human or animal consumption. 32 |
---|
132 | 137 | | (3) Activities conducted for lawful veterinary purposes. 33 |
---|
133 | 138 | | (4) The lawful destruction of any animal for the purposes of protecting the public, 34 |
---|
134 | 139 | | other animals, property, or the public health. 35 |
---|
135 | 140 | | (5) The physical alteration of livestock or poultry for the purpose of conforming 36 |
---|
136 | 141 | | with breed or show standards. 37 |
---|
137 | 142 | | (6) The use of a dog in a lawful hunt." 38 |
---|
138 | 143 | | SECTION 2. Any local ordinances regulating the standard of care for companion 39 |
---|
139 | 144 | | animals that were adopted prior to the date this act becomes law may remain in effect after this 40 |
---|
140 | 145 | | act becomes law, and the governing body of a county or city may adopt ordinances regulating 41 |
---|
141 | 146 | | the standard of care for companion animals after the date this act becomes law if the ordinances 42 |
---|
142 | 147 | | meet or exceed the requirements of G.S. 14-360, as amended in Section 1 of this act. 43 |
---|
143 | 148 | | SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 44 |
---|
144 | 149 | | committed on or after that date. 45 |
---|