North Dakota

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Detailed Discussion of North Dakota Great Ape Laws The following article discusses Great Ape law in North Dakota. Generally, in North Dakota, if a person obtains the correct license, he or she can keep an ape as a pet, an exhibitor, a zoo, or for any other non-prohibited purpose.The state board of animal health has categorized great apes as nontraditional livestock. In order to possess nontraditional livestock, including a great ape, a private owner must first obtain a license.Finally, great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. Great apes receive very limited protections under Montana’s endangered species law.
Kautzman v. McDonald


Plaintiffs sued defendants in their official capacities as law enforcement officers for shooting and killing their five dogs after the dogs escaped from plaintiffs' residence and began roaming the streets.  The intentional infliction of emotional distress claim was dismissed because the court held that conduct could not reasonably be viewed as extreme and outrageous after receiving testimony that the dog were aggressive toward the officers.  However, the court remanded the negligent infliction of emotional distress claim for further consideration.  Plaintiffs asserted that two statutes conferred a duty upon the officers; one an anti-cruelty statute and the other a statute allowing officers to take custody of abandoned animals.
ND - Assistance Animals - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
ND - Cruelty - Consolidated Cruelty Laws (Chapter 36-21.1) This North Dakota section comprises the state's anti-cruelty and animal fighting provisions.
ND - Damages - § 36-21-13. Exemplary damages for injuries to domestic animals This North Dakota statutes provides that exemplary damages may be applied for any wrongful injury to an animal committed willfully or by gross negligence
ND - Dogs - Consolidated Dog Laws These statutes comprise North Dakota's dog laws. Among the provisions include municipal powers to regulate dogs, rabies, control laws, provisions that define dogs as a public nuisance, and laws concerning dogs that harass big game or livestock.
ND - Eagle - Chapter 20.1-04. Birds, Regulations. (Repealed 2017) North Dakota has a statute that specifically prohibits any taking or possession of bald and golden eagles or their parts. Included in the prohibited acts are take, kill, hunt, possess, pursue, or even disturb. Buying and selling are not specifically listed, but are presumed to be included in possess.
ND - Ecoterrorism - Chapter 12.1-21.1. Animal Research Facility Damage This chapter concerns unlawful interference with animal facilities. Under the section, a person may not intentionally damage or destroy an animal facility or the property or animals located therein; exercise control over the animals or property; enter an animal facility not open to the public with the intent on committing prohibited acts; enter a facility and remain concealed to commit prohibited acts; or intentionally release an animal at a facility. Violation is a class B felony if damage is $10,000 or more, a class C felony if the damage is at least $500 to under $10,000, and a class A misdemeanor if damage is less than $500. Entering an animal facility and using or attempting to use a camera, video recorder, or any other video or audio recording equipment is a class B misdemeanor.
ND - Endangered Species - Chapter 20.1-09. Propagation of Protected Birds and Animals These North Dakota statutes provide a state definition for endangered species as well as laws relating to possession and propagation of protected animals.
ND - Equine Activity - Chapter 53-10. Equine Activity Sponsor or Professional. This North Dakota statute provides that an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant engaged in an equine activity and no participant may maintain an action against an equine activity sponsor or professional. Statutory definitions are provided, including "participant," "equine activity," and who is considered an "equine sponsor" or "equine professional." Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant.

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