MARVIN MANDEL, Governor                           3185

59.

Any person who (1) overdrives, overloads, deprives
of necessary sustenance, tortures, torments, cruelly
beats, mutilates or cruelly kills; or (2) causes,
procures or authorizes these acts; or (3) having the
charge or custody of an animal, either as owner or
otherwise, inflicts unnecessary suffering or pain upon
the animal, or unnecessarily fails to provide the animal
with [proper] NUTRITIOUS food IN SUFFICIENT QUANTITY,
NECESSARY VETERINARY CARE, PROPER drink, air, space,
shelter or protection from the weather, is guilty of a
misdemeanor and shall be punishable by a fine not
exceeding $1,000 or by imprisonment not to exceed 90
days, or both. CUSTOMARY AND NORMAL VETERINARY AND
AGRICULTURAL HUSBANDRY PRACTICES INCLUDING BUT NOT
LIMITED TO DEHORNING, CASTRATION, DOCKING TAILS, AND
LIMIT FEEDING, ARE NOT COVERED BY THE PROVISIONS OF THIS
SECTION, IN THE CASE OF ACTIVITIES IN WHICH PHYSICAL PAIN
MAY UNAVOIDABLY BE CAUSED TO ANIMALS, SUCH AS FOOD
PROCESSING, PEST ELIMINATION, ANIMAL TRAINING, AND
HUNTING, CRUELTY SHALL MEAN A FAILURE TO EMPLOY THE MOST
HUMANE METHOD REASONABLY AVAILABLE. IT IS THE INTENTION
OF THE GENERAL ASSEMBLY THAT AIL ANIMALS SHALL BE
PROTECTED FROM INTENTIONAL CRUELITY, BUT THAT NO PERSON
SHALL BE LIABLE FOR CRIMINAL PROSECUTION FOR NORMAL HUMAN
ACTIVITIES TO WHICH THE INFLICTION OF PAIN TO AN ANIMAL
IS PURELY INCIDENTIAL AND UNAVOIDABLE.

62.

The words "torture," "torment," and "cruelty"
[means] MEAN every act, omission, or neglect whereby
unnecessary or unjustifiable physical pain or suffering
is caused or permitted, and the word "animal" means every
living [[VERTEBRATE]] creature except man.

67.

[Whenever] IF the owner or custodian of an animal is
convicted of any act of ANIMAL cruelty [thereto], the
judge may use his own discretion in ordering the removal
of [said] THAT animal or animals for their protection at
the time of conviction. [If] WHENEVER [said animals are
not removed from the custody of the owner or custodian at
the time of conviction, and subsequently] it becomes
necessary, in order to protect [said] ANY animal from
[further] neglect [and/] or cruelty, any officer of an
animal humane society or any police officer OR OTHER
PUBLIC OFFICIALS CHARGED WITH THE PROTECTION OF ANIMALS
may take possession of it. [When] IF an animal is
impounded, yarded or confined and continues without
necessary food, water or proper attention [and the owner
or custodian thereof cannot be found], OR IS CRUELLY