Cruelty to Animals Act

CRUELTY TO ANIMALS THE CRUELTY TO ANIMALS ACT 1 ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Cruelly beating, etc., any animal. 4. Working, etc., animal unfit for work. 5. Causing injury or suffering by wilful negligence. 6. Bull-baiting. etc. 7. Causing avoidable or unnecessary pain or suffering to any animal. 8. Using or employing animal brought to be destroyed. 9. Chsing unnecessary suffering in killing any animal. 10. Using animal under two years and a half. 11. Docking or nicking tails of horses, etc. 12. Keeping animals for trap shooting, etc. 13. Arrest of offenders. 14. Seizure and production of animal before court. 15. Destruction of injured animals. 16. Penalty. 17. Recovery of expense of slaughtering and removing any animal. 18. Recovery and enforcement of penalties. 19. Detention of animal by order of court and maintenance of such 20. Non-liability, except for gross negligence, of any officer of Society. 21. Disposal of unclaimed animal. Slaughtering of animal by order of court. animal. me inclusion of this page is authorized by L.N. 480/1973] CRUELTY TO ANIMALS 3 THE CRUELTY TO ANIMALS ACT cap 86. Law 69 of 1960. A d [22nd April, 1904.1 31 O E w S a& 1. This Act may be cited as the Cruelty to Animals Act. short title 2. In this Act- Intcrpreta tion. “animal” means any horse, mare, gelding, colt, filly, bull, cow, ox, steer, heifer, calf, mule, ass, ram, ewe, sheep, lamb, boar, sow, barrow, hog, pig, goat, kid, dog, cat or any other animal, whether of the kind or species particularly mentioned, or of any other kind or species whatsoever, and whether a quadruped or not. 3. Every person who cruelly beats, ill-treats, starves, cru~uy beat in& etc., over-drives, over-rides, over-loads, abuses, tortures, or any a n i d otherwise maltreats any animal, shall be guilty of an offence against this Act. 4. Every person who works, or causes to be worked, any Working, animal in such a condition as to be unfit for work whether ~ ~ ; t ~ ~ d from emaciation, or from any gall, or sore, or otherwise, work. and whether that condition is caused by disease or deficient feeding, or otherwise, shall be guilty of an offence against this Act. 5. Every person who, by wilful negligence, causes any +dg injury or suffering to any animal, shall be guilty of an ~ ~ d ~ b y Wilful offence against this Act. negligence. 6. Every person who- Bull baiting, etc. (a) in any manner encourages, aids, or assists at the fighting or baiting of any bull, dog, cock, or other kind of animal, whether domestic or wild; or inclvsion of this page is aubrized by L.N. 951 19971 4 CRUELTY TO ANIMALS Causing avoidable or unnecessary pain or suffering to any animal. Using or empIo ying animal brought to be des troyed. Causing unnecessary suffering in killing any animal. Using animal under two years and a half. Docking or nicking tails of horses, etc. (b) keeps, or uses, or acts in the management of any place to be used for the purpose of fighting or baiting any such animal as aforesaid; or (c) being the owner or occupier thereof, permits or suffers any place to be so used; or (4 receives money for the admission of any other person to any place kept or used for any of the purposes aforesaid, shall be guilty of an offence against this Act. 7. Every person who conveys, or carries, or places in or upon any cart or other vehicle, or in or upon any vessel or boat, or otherwise, any animal, in such a manner or position as to subject such animal to avoidable or unneces sary pain or suffering, shall be guilty of an offence against this Act. 8. Every person who uses, or employs or permits to be used, or employed, in any manner of work, any animal which is brought or delivered to him for the purpose of being destroyed, and every person who is found using, or employing any such animal, shall be guilty of an offence against this Act. 9. Every person who, in killing any animal, wilfully, carelessly, or negligently causes it unnecessary suffering, shall be guilty of an offence against this Act. 10. Every person who uses any animal under the age of two years and a half, in any cart, plough, or carriage, or as a beast of burden, shall be guilty of an offence under this Act. 11. Every person who wilfully docks, or nicks the tail of any horse, mare, gelding, colt, filly, or mule, shall be guilty of an offence under this Act. And any person in whose possession any animal so docked, or nicked shall be CRUELTY TO ANIMALS 5 found, shall prima facie be deemed to be the person who docked or nicked the animal. 12. Every person who- Keeping animals for ing. etc. (a) procures, has in his possession, or delivers, any trapshoot bird or animal for the purpose of being used for trap shooting; or (b) secures, or causes to be secured, the tongue of any animal in such a manner as to cause unnecessary pain or suffering to such animal, shall be guilty of an offence against this Act. 13. It shall be lawful for any constable, upon view of Arrestof any cruelty for which a person is liable to punishment under this Act, or upon information of any other person, who states that he has seen such cruelty, and who shall give his name and place of abode, to arrest the offender without warrant, if he does not know, or is unable there upon to ascertain the name and address of such offender. 14. It shall be lawful for the constable to seize and take Seizureand production before the court before which the offender is brought the of animal animal in relation to which the offence is alleged to have been committed, whether the person liable to punishment under this Act shall have been arrested under the previous section or not. 15.-(1) If any constable finds any animal other than any Destmction sheep, goat, swine, dog, cat, poultry, or bird, so severely t,!zgf injured or in such a state of health that it cannot without 6911960 undue suffering be moved, he may if the owner is absent or refuses to consent to the destruction of the animal, on obtaining a certificate from a Veterinary Surgeon or Justice of the Peace that such animal is so severely injured or in such a state of health that it would be cruel to keep it alive cause such animal to be slaughtered in a manner causing as little pain as possible to such animal. s. 2. C I b inchion of this paps is authorized Pry L.N. 9S/ 19971 6 CRUELTY TO ANIMALS Penalty. Slaughter ing of animal by order of court. 31/1995 s. 4. Recovery of expense of slaughtering and remov ing an animaT (2) If any constable finds any sheep, goat, swine, dog, cat, poultry, or bird so severely injured or in such a state of health that it cannot without undue suffering be moved, he may cause such animal to be slaughtered in a manner causing as little pain as possible to such animal. 16. If any person shall be convicted of an offence against this Act he shall be liable to a penalty not exceeding one thousand dollars and if the owner of any animal shall be con victed of an offence against this Act in respect of such animal the convicting court may order him to pay in addition to the aforesaid penalty the reasonable costs of any person or persons having the care or keep of such animal (including the cost of veterinary treatment) from the date of the seizure of the animal to the date of the conviction of such owner, and in either case the court so convicting may, if it think fit, direct the animal in respect of which the offence was committed to be slaughtered. On such direction being given the Chief Oficer of Constabulary of the parish shall cause such animal to be slaughtered, with such instrument or appliances, and with such precaution, and in such man ner as to inflict as little pain and suffering as practicable. 17.--(1) Any reasonable expense which may be incurred by the Chief Officer of Constabulary in any parish, or by any constable in slaughtering any animal, or causing any animal to be slaughtered in pursuance of the provisions of this Act, or in removing the carcase of any animal so slaughtered from any street or public place for the purposes of this Act, may be recovered from the owner summarily as a civil debt. (2) Any reasonable expense which may be incurred by any person or persons having the care or keep of any animal (including the cost of veterinary treatment) from the date of the seizure of such animal to the date of the conviction of the owner thereof for an offence against this Act in respect of such animal may be recovered from the l l lm inchkm of this page is authorized by L.N. 95/ 19971 CRUELTY TO ANIMALS 7 owner summarily as a civil debt unless such expense has previously been recovered under the provisions of section 16. 18. All offences against this Act shall be tried, and all Recovery and enforce penalties imposed under the authority of this Act shall mentof be recovered and enforced, in a summary manner in the parish in which the offence is committed, and if such penalty is not forthwith paid, the court may award impris onment with or without hard labour, for a period not exceeding three months. 19. On any conviction under this Act for cruelty in Detention respect of any animal, the court may, if it think that such byorderof animal is unfit to work, direct that it be detained in any place which shall have been notified in the Gazette as set ;$E:. apart by the Jamaica Society for the Prevention of Cruelty to Animals for that purpose for any period not exceeding thirty days, and the owner of such animal shall be liable to the Society for any reasonable cost of maintaining the animal during such period, to be recovered summarily as a civil debt. of animal court and 20. Except for gross negligence no officer or servant of Non-liability except for negligence, the said society or person having charge of any place set gross apart as aforesaid shall be liable in respect of the death ofany or sickness or deterioration of or any accident or casualty gf2z:;f to any animal detained in such place under the provisions of this Act. 21. If any animal detained under the provisions of this Disposalof unclaimed Act for any period shall on the expiration of that period animal. or within forty-eight hours thereof not be claimed by the owner thereof the person having charge thereof may, after seven days’ notice published in the Gazette, sell it by auction and apply the proceeds towards the expenses to be incurred under this Act or may destroy it. [The inclusion of this page is authorized by L.N. 480/1973]