Bill Would Let Citizens Seize Pets
Far-reaching legislation proposed in South Dakota would give
private citizens the right to confiscate pets, according to
the Pet Industry Joint Advisory Council (Washington).
If enacted, the measure—which passed the House in February
with minor revisions—would extend existing law that
already grants nongovernmental, private citizens powers to
enforce animal cruelty laws.
Under House Bill 1181, any three or more citizens could incorporate
as an organization to appoint animal control officers. The
legislation would create specific authority for humane societies
to appoint their own humane officer, who would have the same
authority as any other animal control officer. Appointments
must be approved by a circuit court.
The legislation would give animal control officers the power
to:
- Issue citations.
- Cause the arrest of violators.
- Carry weapons, excepting firearms.
- Help obtain search warrants and execute them, when accompanied
by law enforcement officers.
Because many humane organizations adopt out animals for a
fee and sell pet products, the legislation would empower members
of an organization that competes with pet stores to confiscate
the pet animals of their competitors, PIJAC warned in a PetAlert
issued in January. Furthermore, the bill opens up breeders,
pet stores and pet owners to routine harassment and invites
abuses of the law, the trade organization said.
The bill resides in the Senate Agricultural and Natural Resources
Committee. [April 2006 PET AGE]
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