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bird_lover

Junior Member
What is the name of your state? Wisconsin

I need to know some laws here. I am probely in the wrong section, but I can't find anything else to help me. I had the cops here the other night, and I kind of had an attitude with them. They were here trying to help me out, and all they did was keep asking questions about my birds.

Two days later, in my mailbox is a animal violation warning. It said being cruel to animals and some other stuff. I was devastated. I called her up and she made an appointment to come over. On the warning it also said, as I looked in the window, I could see an umberalla cockatoo. Why is she peeping through my window??

Anyways, she came the other day. I love birds and I have over 100. She says that I have one month to get some air purifiers and get rid of half my birds. I can understand the air purifiers, but why the birds? Is there a law here that I don't know about? I am just devastated. I cannot let my babies go!! She even told me what I have to feed my birds! I didn't know that cops now-a-days were nutrition experts.

Thank-you,

Bird_lover
 


rmet4nzkx

Senior Member
Many forms of flu are spread by birds, some forms are fatal to humans. Your birds, although you love them are severely overcrowded, that is the reason for finding them homes and the air purifier for the remaining confined birds. Similar statutes protect dogs and cats.

Wisconsin Consolidated Cruelty Statutes This section comprises the Wisconsin anti-cruelty section.
http://www.animallaw.info/statutes/stuswist951_01_18.htm


Crimes. Chapter 951. Crimes Against Animals.


Summary: This section comprises the Wisconsin anti-cruelty section. Under the section, "animal" includes every living warm-blooded creature (except a human being), reptile, or amphibian. The section prohibits "mistreating animals," which is defined as treating any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices. This section also prohibits the instigation of dogfights, and has a unique provisions that prohibits the shooting of caged or staked animals. However, the latter provision excludes the shooting of farm animals, farm-raised deer, or wild birds at a bird hunting preserve. The section mandates proper of treatment of all confined animals with food, water, and shelter (which is described with detail as to the proper requirements). Any person who intentionally or negligently violates any of the cruelty sections is guilty of a Class A misdemeanor, unless a person intentionally mutilates, disfigures or kills an animal; then the crime becomes a Class I felony. Instigating an animal fight or intentionally harming a law enforcement animal also results in a felony.


Statute in Full:



951.01. Definitions

951.015. Construction and application

951.02. Mistreating animals

951.025. Decompression prohibited

951.03. Dognapping and catnapping

951.04. Leading animal from motor vehicle

951.05. Transportation of animals

951.06. Use of poisonous and controlled substances

951.07. Use of certain devices prohibited

951.08. Instigating fights between animals

951.09. Shooting at caged or staked animals

951.095. Harassment of police and fire animals

951.10. Sale of baby rabbits, chicks and other fowl

951.11. Artificially colored animals; sale

951.13. Providing proper food and drink to confined animals

951.14. Providing proper shelter

951.15. Abandoning animals

951.16. Renumbered 173.10 by 1997 Act 192, § 26, eff. Dec. 1, 1999

951.162. Renumbered in part § 173.12 and repealed in part by 1997 Act 192, §§ 27, 28, eff. Dec. 1, 1999

951.165. Renumbered 173.12 and amended by 1997 Act 192, § 29, eff. Dec. 1, 1999

951.17. Renumbered 173.24 and amended by 1997 Act 192, § 30, eff. Dec. 1, 1999

951.18. Penalties



951.01. Definitions

In this chapter:

(1) "Animal" includes every living:

(a) Warm-blooded creature, except a human being;

(b) Reptile; or

(c) Amphibian.

(1m) "Conservation warden" means a warden appointed under s. 23.10.

(2) "Cruel" means causing unnecessary and excessive pain or suffering or unjustifiable injury or death.

(3) "Farm animal" means any warm-blooded animal normally raised on farms in the United States and used or intended for use as food or fiber.

(3e) "Humane officer" means an officer appointed under s. 173.03.

(3f) "Fire department" includes a volunteer fire department and a department under s. 61.66.

(3m) "Law enforcement agency" has the meaning given in s. 165.83(1)(b).

(4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) but does not include a conservation warden appointed under s. 23.10.



......

951.02. Mistreating animals

No person may treat any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices.
.....
951.10. Sale of baby rabbits, chicks and other fowl

(1) No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl unless the person provides proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in the person's possession.

(2) No retailer, as defined in s. 100.30(2)(e), may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under 2 months of age in any quantity less than 6 unless in the business of selling these animals for agricultural, wildlife or scientific purposes.
......
951.13. Providing proper food and drink to confined animals

No person owning or responsible for confining or impounding any animal may fail to supply the animal with a sufficient supply of food and water as prescribed in this section.

(1) Food. The food shall be sufficient to maintain all animals in good health.

(2) Water. If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal.



951.14. Providing proper shelter

No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.

(1) Indoor standards. Minimum indoor standards of shelter shall include:

(a) Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.

(b) Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

(2) Outdoor standards. Minimum outdoor standards of shelter shall include:

(a) Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confine farm animals.

(b) Shelter from inclement weather. 1. Animals generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.

2. Dogs. If a dog is tied or confined unattended outdoors under weather

conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.

(3) Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:

(a) Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.

(b) Space requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.

(4) Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.

951.18. Penalties

(1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class I felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class I felony.
.........
 

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