What is Animal Cruelty?
Ask around and you will find that people have differing opinions. However, a person's opinion of what constitutes animal cruelty may not be supported by the law. For example, many people feel (as does the Humane Society) that domestic pets should live inside the home with their families. Nevertheless, some people insist their pets live exclusively outdoors. This is permitted by the law (as long as the pets have proper shelter and proper care) and therefore is not legally considered to be animal cruelty. On the other hand, certain animal activities might be acceptable to some cultural groups but illegal in California. For example, cockfighting is a legal and popular activity in many Asian and Central American countries. In almost every state in the U.S., cockfighting is illegal due to the severe suffering of the birds, which painfully fight to the death.
California Aimal Control Officers investigate alleged violations of California law regarding animals. In summary, it is illegal to:
Maliciously and intentionally maim, mutilate, beat, torture, torment, wound, or kill an animal
Overdrive, overload, or overwork animals (such as horses) deprive of necessary sustenance, access to water, shelter, veterinary care, and exercise
Poison animals belonging to another person
Abandon an animal
Fail to provide proper care for animals in pet shops
Cruelly transport animals in a vehicle
Fight animals against each other or against people for amusement or gain
Train animals to fight "Pole" horses (training them to jump by hitting them on the legs with sticks with sharp points)
Fasten live animals to machines to lure dogs
Trade in implements for fighting birds Possess gamecocks for fighting purposes
Use bristle-burs, tack-burs, etc. to incite an animal to buck (such as rodeo animals)
Stage bullfights
Dock (amputate) the tails of horses
Abuse elephants by depriving them of food, water, or rest; use of electricity; physical punishment resulting in damage, scarring, or breakage of skin
Insertion of any instrument into any bodily orifice; us of martingales and block and tackle.
This is not an exhaustive list, and the law sets forth certain provisions for each crime.
The California Penal Code, beginning with Section 596, details the crimes of cruelty against animals.
There are other laws to protect animals, such as the California Fish and Game laws, the US Fish and Wildlife laws, and the Federal Animal Welfare Act.
If you believe you have witnessed, or are aware of, acts of animal cruelty in Santa Clara County please report them to your city's Animal Control department.
Your report could make the difference of life or death for the animal.
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/www.hssv.org/RESOURCES/CRUELTY/id_animal_cruel.htm