This table outlines the powers granted to agents of humane societies in some states to enforce anti-cruelty statutes. Such powers include serving search warrants, seizing animals, and arresting offenders. Some states require that humane officers complete training and instruction related to investigating animal cruelty.
Approximately 34 states have granted agents of humane societies the power to enforce anti-cruelty statutes. Humane officers’ enforcement powers vary by state, but include serving search warrants, seizing animals, and arresting offenders. Other powers include carrying firearms, issuing citations, seizing equipment used in animal-fighting, summoning by-standers to their aid, etc. Some states require that humane officers complete training and instruction in investigating animal cruelty cases, animal care and husbandry, laws and regulations related to animals, and weapons training. In other states, the humane officers’ powers are more limited, and they must act in concert with law enforcement officers to address violations of animal cruelty laws.
State | Statutes | Serve Search Warrant | Seize Animals | Arrest Offenders | Training Required | Miscellaneous Powers (i.e., carry firearm, seize equipment, investigatory powers, etc.) |
---|---|---|---|---|---|---|
Alabama | Not specified |
May take charge of and provide care for any animal that is sick or disabled due to neglect or is being cruelly treated or abused |
Not specified | None | None | |
Alaska | ||||||
Arizona | ||||||
Arkansas | Not specified |
Not specified |
Not specified | Voluntary certification program established by Department of Health and Human Services and with training administered by Arkansas Animal Control Association |
None | |
California | CA CORP § 14502 |
Level 1 and 2 humane officers may serve search warrants for a violation, but must provide prior notice to local law enforcement agencies |
Not specified | Level 1 and 2 humane officers may make arrests for violation |
Level 1 and 2 humane officers:
Level 1: ongoing weapons training and range qualifications |
Level 1 and 2 humane officers may use reasonable force necessary to prevent the perpetration of any act of cruelty upon any animal Level 1 officers are authorized to carry firearms. |
Colorado | CO ST § 35-42-107 | May issue summons and complaints |
Not specified | Not specified | "Specified by the commissioner," but not specifically provided |
May investigate cases |
Connecticut | CT ST § 29-108a - i |
Not specified |
|
May arrest and detain any person violating the statutes concerning cruelty to animals |
Not specified | May interfere to prevent any act of cruelty upon any animal in his presence |
Delaware | DE ST TI 3 §§ 7901-7905 |
Not specifically provided, but may be able to serve search warrant pursuant to "other process" provision | May impound animal subjected to cruel mistreatment or cruel neglect in an S.P.C.A. shelter or veterinarian facility |
May execute any warrant of arrest issued under cruelty to animal laws |
Not specified | None |
D.C. | ||||||
Florida | Not specified | May take custody of any animal found neglected or cruelly treated |
Not specified | Not specified | May order owner of animal found neglected or cruelly treated to provide care to the animal |
|
Georgia | ||||||
Hawaii | HI ST § 711-1110 | Not specified | Not specified | May arrest offenders and bring them before district judge |
Not specified |
None |
Idaho | ||||||
Illinois | May enter premises other than residence during normal business hours where the animal(s) are housed or kept, except by search warrant or court order |
|
Not specified |
Not specified |
|
|
Indiana | IN ST § 36-8-3-18 | Same as police officers | Same as police officers | Detect and arrest persons violating humane statutes |
Same as police officers |
File affidavits before a court charging the person violating the law with the violation (if directed by the president of the humane society) |
Iowa | ||||||
Kansas | KS ST § 21-6412 |
Not specified | May take into custody any animal which shows evidence of cruelty |
Not specified | Not specified |
|
Kentucky | KY ST § 436.605 |
May search the premises pursuant to search warrant |
Not specified | Must summon a peace officer to arrest an offender |
Not specified | Have powers of peace officers, except for the power of arrest |
Louisiana | LA RS § 3:2391 LA RS § 2431 |
May remove animal if:
|
Not specified | Not specified | Not specified | Have the usual power of policemen and peace officers |
Maine | ||||||
Maryland | Not specified | May seize an animal to protect it animal from cruelty |
If officer sees a person committing a misdemeanor that involves cruelty to an animal, s/he shall arrest offender and bring him or her before the District Court |
Not specified | An authorized director of a humane society may inspect kennel premises if accompanied by a sheriff or a deputy sheriff |
|
Massachusetts | May serve search warrant to search building or tenement at any hour of the day or night |
May take possession of animals used for animal-fighting |
|
Not specified |
|
|
Michigan |
|
May search building or place where animal cruelty is suspected pursuant to search warrant |
Not specified |
May arrest any person
|
Not specified |
|
Minnesota | Not specified |
|
Duty to arrest any person violating cruelty to animals laws |
Must have training and experience in activities relating to prevention of cruelty to animals or enforcement of laws relating to cruelty to animals |
|
|
Mississippi | Not specified | Not specified | Not specified | Not specified | May make arrangements for animal's care as temporary custodian of mistreated animal |
|
Missouri | ||||||
Montana | ||||||
Nebraska | ||||||
Nevada | Not specified | May take possession of any animal that is being treated cruelly | May make arrests in the same manner as is provided for other officers |
Not specified |
|
|
New Hampshire | Not specified |
Arresting officer may confiscate cruelly-treated animal May take into temporary protective custody any animal when there is
|
May arrest offenders and bring them before any court or magistrate having jurisdiction |
Not specified | May enter horse-racing or dog-racing facilities to take cruelly-treated horses or dogs into temporary protective custody |
|
New Jersey | Not specified | Not specified | May make arrests |
Must complete firearms training and courses in
|
|
|
New Mexico | ||||||
New York |
N.Y. Agric. & Mkts. Law § 353-d |
May serve a warrant to enter and search a place where animal cruelty is alleged by complaint |
May seize
|
May arrest and bring offender before a court or magistrate |
Not specified |
|
North Carolina |
May forcibly enter any premises or vehicle to execute order if s/he
|
May request a law-enforcement officer or animal control officer to accompany him to help seize animal |
Not specified |
Must attend annually a 6 hour course in the investigation of complaints relating to the care and treatment of animals |
May file with a magistrate a sworn complaint requesting an order allowing the investigator to provide suitable care for and take immediate custody of cruelly-treated animal |
|
North Dakota |
|
Not specified |
May take custody of and care for any animal
|
Not specified | Not specified |
|
Ohio | Not specified | May require the sheriff of any county, the constable of any township, the marshal or a policeman of any municipal corporation, or any agent of such a society, to take possession of any animal cruelly treated, and deliver such animal to the proper officers of the society |
|
Minimum of 20 hours of training in investigation and prosecution of cruelty to and neglect of animals, including animal husbandry practices |
|
|
Oklahoma | ||||||
Oregon | Not specified | Not specified | Not specified | Not specified |
|
|
Pennsylvania |
May search any building or enclosure in which any violation is occurring or has occurred pursuant to search warrant |
Power to seize any animal kept or used for animal fighting |
Not specified | Must complete a minimum 60 hours of instruction in the following areas:
|
|
|
Rhode Island | R.I. Gen. Laws § 4-1-21 R.I. Gen. Laws § 4-1-22 |
May serve any search warrant and search any building or place named in warrant |
May take charge of any animal found abandoned or neglected, or is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing, or cruelly treated |
Same power and authority to arrest as any officer authorized to serve criminal process |
Not specified | May carry pistol |
South Carolina |
S.C. Code Ann. § 47-1-140 S.C. Code Ann. § 47-1-150 |
Not specified |
|
May make an arrest | Not specified | May order owner of any animal found neglected or cruelly treated to provide care to animal at owner's expense |
South Dakota |
|
May seize, impound, or euthanize a dangerous animal |
May request a law enforcement officer to arrest and take into custody any person in violation |
Not specified |
|
|
Tennessee | Not specified | Not specified | May make arrests and bring before court offenders found violating the provisions with regard to non-livestock animals |
Not specified |
|
|
Texas | ||||||
Utah | ||||||
Vermont |
Vt. Stat. Ann. Tit. Crimes and Criminal Procedure, § 351 Vt. Stat. Ann. Tit. Crimes and Criminal Procedure, § 353 Vt. Stat. Ann. Tit. Crimes and Criminal Procedure, § 354 |
|
|
Not specified | Not specified |
|
Virginia | Not specified | Not specified | Not specified |
Must complete a basic animal control course |
May investigate violations of laws and ordinances regarding
|
|
Washington |
|
May execute search warrants and seize evidence when accompanied by law enforcement officers |
Not specified |
May cause a law enforcement officer to arrest and take into custody any person in violation |
Must successfully complete training |
|
West Virginia | ||||||
Wisconsin | ||||||
Wyoming |