LAW 154 (PROTECTION OF ANIMALS) Aug 4, 2008 En Español

LAW NUM. 154
AUGUST 4th, 2008
EXPLANATORY

Animals are sensitive and worthy of humane treatment
The 21st century presents myriad challenges for our Puerto Rican society including a change in the perception and treatment of animals. Over the past few years, the global vision on animals has changed dramatically.  They have become an essential part of our lives, and society. It has been recognized that animals are sensitive and worthy of humane treatment.

Our laws say: All animals have rights
Since 1977, the International League for the Rights of Animals adopted a declaration, which was subsequently adopted by the Organization of the United Nations Educational, Scientific and Cultural Organization (UNESCO, for its acronym in Spanish) and the General Assembly of the Organization of the United Nations. It starts from the premise that all animals have rights, and in particular the right to live, the right to be respected, the right to be attended, the right to be cared for and the right to be protected by the human being.  Leading countries have adopted statutes in favor of animals. Others have updated their legislation, collecting all the principles of respect, defense and protection.

Puerto Ricans: Unaware of the responsibilities, choose neglect, thus making them seem like a society with a very unhealthy mindset

In Puerto Rico two thirds of households have at least one pet. However, many people are unaware of the purpose of animals in the world are unaware of the responsibility that entails owning an animal and choose to neglect and abuse these innocent creatures.

For this reason, it is of vital importance to protect and care for the animals so that they develop in a healthy environment that tends to of benefit the Puerto Rican family so that we are identified as vanguard society that is mentally healthy.

Prosecuting individuals against animal abuse

The abuse towards animals can manifest itself in many ways. While the Act. 67, May 31, 1973, contains provisions to deter and / or prosecute individuals against abuse of animals, it does not cover other areas necessary to meet the challenges of today.

Ineffectiveness due to mild charges

There are other laws that address other aspects of the regulation of the animals but which, like Act 67, have not been entirely effective. This Act governs the provisions of the statutes that address specific cases and others are included to make it more comprehensive and rigorous.

Many of the efforts to harness those who mistreat animals are frustrated because the processes and the sentences tend to be very mild for the crime committed.

If we want our animals to be protected, we need a comprehensive statute that focuses in deterring the abuse. The animals are part of our environment, are living beings that deserve fair and dignified treatment.

Studies connect animal violence with human violence

On the other hand, there are scientific studies on the connection between animal abuse and violence toward humans. The abuse towards animals can indicate the existence of a much deeper problem. Children, young people or people who abuse animals may be suffering abuse situations and can become people who jeopardize the respect for life and human dignity.

Violence is violence,  regardless of the victim

A person who abuses animals could have no empathy toward other living beings and run the risk of violence toward others. It is necessary to take measures to prevent the continuation of abuse of animals.

The penalties set out in this law, look towards deterring aggressive behavior that may cause a bigger problem, which may even involve humans. We have to take this message to the citizens that such behavior will not be tolerated.

Working towards fixing Puerto Rican’s mentality

Puerto Rico should be highlighted as a sensitive and avant garde society that respects, protects and cares for their animals. A new law is necessary not only to protect these defenseless beings, but to work together to develop a mentally healthy Puerto Rican society.

Decreed by the Legislature of Puerto Rico:
CHAPTER I
GENERAL PROVISIONS

Article 1 .- Title
This Act will be known as the
“Law for the Welfare and Protection of Animals.”

Article 2. -Definitions
For the purposes of this Act, the following terms have the meanings stated below:
a. “Abandonment” - means the carelessness or neglect voluntary, temporary or permanent, of the responsibilities that has the guardian of the animal.
b. “Animal” - means any animal mammals, birds, reptiles, amphibians, fish, whales and other animal types (phyla) above or that is in captivity or under the control of any person or any animal protected by federal laws or state or municipal ordinances.
c. “Animal realengo or stray” - is one that has no known guardian.
d. “Special necklace” - a necklace applies pressure to the neck of the animal when the animal pulls in the direction against the will of the guardian or guardian pulls to restrict the movement of the animal temporarily.
e. “Continuous Care” - means preventive care that a prudent person gives an animal to avoid injury, illness or severe conditions that could result in death or permanent injury.
f. “Minimum Care” means caring enough to preserve the health and welfare of animals, except for emergencies or circumstances beyond its reasonable control of the guardian. It includes, but is not limited to, the requirements below:
i. Quantity and quality of food sufficient to allow the growth or maintenance of normal body weight for the animal.
ii. Or open access to adequate drinking water, temperature suitable for taking in sufficient quantity to meet the needs of the animal.
iii. Access to a barn, house or other structure which can protect the animal from the weather, and that has an appropriate place to sleep to protect him from cold, excessive heat and humidity.
iv. Provide veterinary care that a prudent person deems necessary to protect the animal from suffering, including vaccination and preventive care.
v. Continuous access to an area. Continuous access to an area is:
a) That the animal has adequate space for exercise necessary for their health. Inadequate space can be evidenced by weakness, stress or abnormal patterns of behavior.
b) Temperature fit for the health care of the animal in its natural habitat.
c) adequate ventilation.
d) regular cycles of daylight, either by natural or artificial light.
e) An environment clean and free of excess waste or other pollutants that may affect the health of the animal.
g. “Commercial Animal Breeder “ - that is a natural or juridical person engaged in the business of raising animals for sale.
h. “Provisional Custody” - meaning one that gives a judge in an action for deprivation of custody or possession, or to be issued a protection order against the keeper of the animal, for a period of time, subject to revision until the conclusion of the proceedings.
i. “Emergency” - means any situation in which it has an animal and represents an imminent risk to their safety, health or physical integrity.
j. “Euthanasia” - means quick death without pain, a humanitarian method of death.
k. “Guardian” - means the natural or legal person who has control, custody, possession or title to an animal.
l. “Physical Injury” - means physical trauma, loss or reduction of duties or pain inconsistent with reasonable technical training or management.
m. “Severe physical injury” - means a physical injury that creates a risk of causing death or disfigurement, protracted impairment of health or protracted loss and / or disability of a function of a limb or bodily organ.
n. “Abuse” - means any act or omission in which a person incurs, whether or not the guardian, to cause or make an animal at risk of harm to their health and physical integrity and / or emotional. Apart from this definition are those steps covered in the Act. 241 of 1999, known as the New Wildlife Act of Puerto Rico and Regulation No.. 6765 to March 12, 2004, as amended, the Department of Natural and Environmental Resources.
o. “Negligence” - means a type of abuse that is lacking in the duties or quit exercise the powers of providing adequate care to a minimum and continuous Animal; miss the duty of care and supervision.
p. “Police Officer“, “Police Officer” or “Animal Control Officer” - includes any member of a force, established under any law to carry out the functions, duties or powers under the State Police of Puerto Rico.
They include, but are a limitation is understood, members of the Police Puerto Rico, the municipal police, members of the Guards Corps Department of Natural and Environmental Resources, the inspectors of the Department of Consumer Affairs and inspectors from the Department of Health and the Office State Animal Control (OECA).
q. “Protection Order” - means an order issued in writing under the seal of a tribunal, which dictate the actions of a person who mistreats an animal that refrain from engaging or carry out certain actions or behaviors which abuse and / or neglect.
r. “Person” - means an individual, corporation, trust, partnership, corporation or
any other legal entity, natural or legal.
s. “Possession” - means having physical custody or exercising control over a domain or animal.
t. “Imminent risk” - meaning any situation that might endanger the health, safety, physical or emotional well-being of an animal.
u. “Unnecessary suffering” - meant to cause suffering that is not necessary for the health, safety or welfare of the animals or other creatures in their environment.
v. “Torture” - means an action taken for the primary purpose of inflicting or prolong pain.
w. “Physical trauma” - means fractures, cuts, burns, bruises or other wounds and / or physical injury to the animal’s body.
x. “Veterinary” - meaning a person with the degree of doctor of veterinary medicine, licensed by the Veterinary Medical Examining Board for College and College Veterinary Doctors.

Article 3. -Responsibilities and coordination with other agencies
To ensure the faithful implementation of this law, the municipalities of the Free Associated State of Puerto Rico (Municipios del Estado Libre Asociado of Puerto Rico) must comply with the provisions of the Autonomous Municipalities Law( Ley de Municipios Autónomos), Law No. 81, August 30 1991 and will give prioritized attention to situations of abuse and / or neglect against stray animals that come to their attention.

OCAM: Responsible of coordinating follow up treatment for animal abuse offenders

The municipalities, in coordination with the Central Bureau of Municipal Affairs (OCAM), are obliged to deal with priority situations of abuse against stray animals, as well as the picking them up and caring for them. OCAM will coordinate its efforts with other governmental and private agencies in order to identify, prevent or treat persons involved in acts of violence against animals. The coordination will include joint planning, education services and public information, use of the facilities of others, and trainings joint activities for staff development, assessment and case management.

Municipalities have only one (1) year from this date to come up with a plan

Article 4. -Emergency Management
When an animal is in a state of emergency, it shall be the responsibility of municipality where the animal belongs to, to provide the assistance necessary and adequate to the Police and to the Government or private agency personnel, so that they can intervene with the emergency. Every municipality is obligated to develop a plan to manage, to pick up and to attend any emergency related to animals, on penalty of not providing funds or cancellation of such from the State Bureau of Animal Control. Such a management plan shall be written in a period of one (1) year from the effective date of this Act.

Article 5. -Coordination and cooperation with Non Governmental Agencies (NGO’s)
The government of Puerto Rico, its public corporations, departments, agencies, instrumentalities and officials should take the lead in:
a. Providing and maintaining continuous efforts to integrate the perspectives of non - governmental and community in the various aspects of their services;
b. Encouraging the participation of representatives of these agencies, as well as the people that these organizations have helped in the planning, development, and offer services related to the assessment of the people involved in abuse towards animals;
c. Establish partnerships with NGOs that provide service projects for animals and / or for the families involved in the violence or neglect of animals, such as youth or adult offenders.
These agreements may be established, but not limited to the following areas: design and establishment of procedures to promote and ensure the best animal welfare; security plans and security support services for
prevention and management of family violence for individuals, families, communities and the country;
Government MUST help these organizations
d. Provide all the support that these entities need to ensure their participation and to allow multi-sectored collaboration in all aspects of Pursuant to this Act, respecting the autonomy of the organizations.

CHAPTER II
JUDICIAL PROCEEDINGS
A. GENERAL PROHIBITIONS

Article 1. Abandonment of animal
a. If a person intentionally, knowingly, recklessly or with criminal negligence leaves the animal in a place with the intention of helplessness, it commits the crime of animal neglect.
b. The abandonment of an animal is a fourth-degree felony, which carries a imposition of imprisonment of between six (6) months and one (1) day, to  three (3) years.
i. If convicted the accused beyond that, he qualifies and serves their sentence on probation or any other alternative method to imprisonment, the penalty would apply to a mandatory fine from a thousand (1,000) to five (5) thousand dollars.
c. If as a result of the abandonment of the animal is suffering from a severe physical injury
or it causes death, the offense is considered serious third-degree, which carries an imposition of imprisonment between three (3) years and one day, to eight (8) years.
i. If convicted the accused beyond that, he qualifies and is home to serve their sentence on probation or any other alternative method to imprisonment, the penalty would apply to a mandatory fine from three (3) thousand to eight (8) thousand dollars.

ii. Article 2. -Confinement of animals
a. Any person in control of an animal that should provide adequate space allowed freedom of movement within the ownership of the guardian.
b. Anyone who encloses, moor or otherwise restrict the movement of an animal, causing unnecessary suffering, committees a crime less serious,  that implies the imposition of a fine individual, no more than ninety (90) days, daily fine or a sentence of community service for not more than ninety (90) or home detention or restriction in calendar days for up to ninety (90) days, or a combination of these sentences, which in aggregate total not to exceed ninety (90) days.
Further provides that for walking them, it is an obligation to take it with necklace and belt drive, to keep control of the animal, in appropriate cases, without causing damage or suffering, with the exception of that animal over 60 pounds, requiring a “Collar special.”
c. The recurrence of this crime will be punished with a prison term of up to six (6) months.
d. If convicted the accused beyond that, he qualifies and is home to serve their sentence in probation or any other alternative method to imprisonment, a sentence implemented a mandatory fine from five hundred (500) to two (2) thousand dollars. Then, for each repeated, the number of the latest fine imposed by the Court will double.

iii. Article 3. Abuse through negligence
a. A person is considered negligent if that person knowingly recklessly or negligently fails to provide minimum care for an animal in their possession.
b. The neglect of animals is a misdemeanor that carries a fine of up five (5) thousand dollars or up to six (6) months imprisonment or both penalties to discretion of the Court.
c. If convicted the accused beyond that, he qualifies and is home to serve their sentence in probation or any other alternative method to imprisonment, a sentence implemented a mandatory fine from five hundred (500) to two (2) thousand dollars.
Hit and run
d. A person commits negligence if his car hits a dog, cat, horse and / or livestock and does not take the steps necessary for it to be served or, if of having caused the death, the necessary measures for their removal, provided that does not put at risk their own safety.
Among the steps you should take are:  Call a center or municipal agency for collecting and removing animals, and if not counting with this information, call the police. Any person who fails to comply with this subsection commits a crime less serious, involving the imposition of fines individually, no more than ninety (90) days, a fine or a daily penalty of community service for not more than ninety (90) days or detention or restriction home calendar days up to ninety (90) days, or a combination of these sentences, whose total amount does not exceed ninety (90) days.

iv. Article 4. -Aggravated Negligence of Animals
a. A person commits aggravated negligence when they intentionally, knowingly, recklessly or with criminal negligence:
i. Fails to provide minimum care for an animal in possession of such person and fails to provide care that results in physical severe injury or death of the animal. This offense is classified as serious fourth grade, which carries an imposition of imprisonment between six (6) months and one (1) day, and three (3) years.
a) If the accused to be convicted, qualifies and is welcomed to serve their sentence on probation or any other method alternative to imprisonment, the penalty would apply to a fine mandatory from a thousand (1000) to three (3) thousand dollars.

Article 5. -Animal Abuse: Fourth Degree Felony
a. A person commits the crime of mistreatment of animals if the person intentionally, knowingly, recklessly or by criminal negligence cause any physical injury or suffering to the animal.
b. The mistreatment of animals is considered a fourth-degree felony, which carries the imposition of imprisonment between six (6) months and one day, and three (3) years.
i. If the accused is convicted beyond that, he qualifies and is home to serve their sentence on probation or any other alternative method to imprisonment, the penalty would apply to a mandatory fine from
thousand (1,000) to three (3) thousand dollars.
c. However, subsection (b) of this Article, the mistreatment of animals is a serious crime
of third-degree, which carries an imposition of imprisonment between three years (3)
and a day and eight (8) years if:
i. The person committing the crime of mistreatment of animals has been previously convicted of one or more offenses related to:
a) Any law relating to the protection of animals
Puerto Rico laws or regulations or equivalent
any other jurisdiction, or
b) Any status of Puerto Rico on violence of Domestic abuse to minors or the elderly, Advanced (seniors) or equivalent laws of another jurisdiction, or
c) The person knowingly committing the abuse of animals in the immediate presence of a minor. For purposes of this paragraph, a child is in immediate presence of abuse animals, if the abuse is seen or directly perceived in any way by the minor.
1. If the accused is convicted beyond that, he qualifies and is home to serve their sentence on probation or
any other alternative method to imprisonment, the mandatory penalty would apply a fine from three (3) thousand to ten (10) thousand dollars.

Article 6. - Abuse of animals: Third Degree Crime
a. A person commits the crime of abuse of animals in their pattern of crime serious third-degree if a person intentionally, knowingly, recklessly or by criminal negligence:
i. Cause severe physical injury or
ii. Causes the death of an animal.
b. This offense carries imprisonment between three (3) years and one day, and eight (8) years.
i. If convicted the accused beyond that, he qualifies and is home to serve their sentence on probation or any other alternative method to imprisonment, the penalty would apply to a mandatory fine from three (3) thousand to ten (10) thousand dollars.
c. However, subsection (a) of this Article, the mistreatment of animals is classified second-degree felony that carries an imposition of imprisonment of between eight (8) years and one day, and 15 years if:
i. The person committing the crime of mistreatment of animals, has been previously convicted of one or more offenses related to:
a) Any law relating to the Protection of Animals
Puerto Rico laws or regulations or other equivalents
jurisdiction, or
b) Any status of Puerto Rico on violence
Domestic abuse minors or the elderly
Advanced (seniors) or equivalent laws of another
jurisdiction, or
c) The person knowingly committing the abuse of animals in the immediate presence of a minor. For purposes of this paragraph, a child is in immediate presence of abuse animals, if the abuse is seen or directly perceived in any other way by the minor.
1. If the accused is convicted beyond that, and qualifies to serve their sentence on probation or any other alternative method to imprisonment, the penalty would apply to a compulsory fine from ten (10) thousand dollars up fifteen (15) thousand dollars.

Article 7. -Aggravated abuse of animals: Second Degree Felony
a. A person commits the crime of aggravated abuse of animals if the person intentionally or knowingly:
i. Torture an animal, or
ii. Kills an animal under circumstances that demonstrate premeditated malice or a serious disregard for life.
b. The mistreatment of animals is classified as aggravated felony second-degree which punishment is imprisonment for a term of not less than eight (8) years and one day, and maximum of fifteen (15) years.
i. If  the accused is convicted beyond that, and qualifies to  serve their sentence on probation or any other alternative method to imprisonment, the penalty would apply to a mandatory fine from ten (10) thousand to twenty (20) thousand dollars.
c. However, subsection (b) of this Article, the mistreatment of animals, is established as a second-degree felony and it is not entitled to the benefits alternate to imprisonment if:
i. The person committing the crime of mistreatment of animals has been previously convicted of one or more offenses related to:
a) Any law relating to the Protection of Animals Puerto Rico laws or regulations or other equivalents
jurisdiction, or
b) Any status of Puerto Rico on violence Domestic abuse minors or the elderly
Advanced (aged) or equivalent laws of anotherjurisdiction, or
c) The person knowingly committee mistreatment of animals in immediate presence of a minor. For purposes of this paragraph, a child is in immediate presence of abuse if animal abuse is seen or directly perceived in any other way by the minor.

Article 8. Animal-Fighting
a. No person will cause, sponsor, organize, carry out or promote that any animal fight, threatens or injures another animal with intent sports, entertainment, financial gain or any other purpose, a Except for roosters in fights, whose practice is regulated by Law No.. 98, 2007.
b. For purposes of this article, a person who is promoting an animal fight, threatens or injures another animal with purpose sports, entertainment, economic gain, among other things, whether the person:
i. Knowingly, or bet is present in the event of fight, threat or injury to another animal with intent sports, entertainment, financial gain, among others;
ii. The guardian trains, transports, possesses, or playing a team animal with the intent of which is to be involved in that Fighting event, threat or injury to another animal purpose sports, entertainment, financial gain, among others;
iii. A knowingly allows any type of event fight, threat or injury to another animal with intent sports,
entertainment, financial gain, that occurs in any location that is owned or controlled by the individual, between others;
iv. A knowingly allows an animal used for the Fighting event, threat or injury to another animal
purpose sports, entertainment, or economic gain, among others, will be kept, housed or trained or moved any place or vehicle that is owned or controlled by the person;
v.To knowingly use any means of communication with the to promote the event of fighting, or threat injury to another animal with purpose sports, entertainment, economic gain, among others, or
vi. To knowingly possess an animal used for fighting, threatening or injure another animal with purpose sports, entertainment, economic gain, among others, or any mechanism intended to strengthen the ability of an animal to fight, threaten or harm with intent sports, entertainment, economic gain, among others.
c. A person who carries out some or any of the steps described in this article will be accused of inciting or participating in animal fights, which is classified as second-degree felony.
i. If the accused is convicted any of its characterizations, and he qualifies to serve a sentence on probation or any other alternative method to imprisonment, a sentence implemented a mandatory fine from ten (10) thousand to twenty-five (25) thousand dollars. If the owner is repeatedly caught, it would lead to the confiscation of the property to benefit of the Free Associated State of Puerto Rico.
d. However, subsection (c) of this Article, the offense is classified as a second grade felony and it is not entitled to the benefits to the alternate imprisonment if:
i. The person committing the crime of mistreatment of animals, has been previously convicted of one or more offenses related to:
a) Any law relating to the Protection of Animals Puerto Rico laws or regulations or other equivalents jurisdiction, or
b) Any status of Puerto Rico on violence Domestic abuse minors or the elderly Advanced (seniors) or equivalent laws of another jurisdiction, or
c) The person knowingly conducts any of the activities mentioned in this paragraph on fights
Animals in the immediate presence of a minor. To purposes of this paragraph, is a minor presence in Immediate mistreatment of animals, if the abuse is seen or directly perceived in any other way by the minor; or
d) If as a result of that fight, an animal dies.
e. The Puerto Rico Police confiscated all the animals, equipment, material and / or money that is in place to carry out the fights of animals, without any distinction on who owns the materials or money or guardians of the animals.
For this action, the procedure established by Law No.. 93, July 13 1988, known as the Law Uniform confiscations of 1998.
f. The animals seized must be evaluated by the Department of Health, which will carry out an assessment of the danger of animals, and if determined that are hazardous, it will dispose of them through euthanasia by a veterinarian.
Otherwise, they will be delivered to a shelter, which will have the discretion to accept or reject the animals, so, if possible, to seek for adoption the same.