From
Family Pet to Homeless
New
Laws May Make It Easier to Prosecute Pet Abandonment Cases
By Bryan Robinson
ABCNEWS.com
N
E W Y O R K, Nov. 25— Lucky the cat's luck looked like it was running out
when his owners moved away and left him alone to fend for himself on the streets
of New York. At
one time, the Russian Blue was a popular new member of a household in Queens,
living in a home where he was fed and cared for. Then, one day, he was homeless,
suddenly having to rely on himself for food and shelter.
He was not faring
too well when Susan La Marca, a volunteer pet rescuer for the Tigger Foundation,
learned of his plight last July from someone who lived in the neighborhood. "The
old woman who saw me told me that that I should check out this cat. She thought
his family had left him and [said] that he's skin and bones, and it doesn't look
like he's going to make it," said La Marca, who provided Lucky with a foster
home. "When
he first came to live with me, he weighed only 8 pounds," she said. "He
hadn't fared as well as the other street cats in getting food." Lucky
could have starved to death. Animal cruelty laws vary from state to state, but
in New York — and in several other states — Lucky's owners would not
face serious consequences for abandoning him. They would face only misdemeanor
charges, a fine and perhaps up to a year in prison. However,
some activists and legislators are lobbying for greater penalties for pet owners
who would abandon their dogs and cats. "It's
like they're saying, 'I just don't want to deal with this. I don't want to deal
with this problem,'" said Daphna Nachminovitch, director of People for the
Ethical Treatment of Animals' Domestic Animal Issues & Abuse Department. "Anyone
who abandons a dog or cat who's been depending on them for veterinary care, for
food and for shelter has to know that there's a possibility the animal is going
to be seriously harmed or suffer a slow, painful death through starvation and
dehydration, and they should be held accountable." A
Slap on the Wrist for Mass Pet Starvation Sometimes
the extent of accountability is not enough. In August, five men were arrested
after 150 animals from a wholesale pet business were found dead in a Mount Vernon,
N.Y., warehouse. The
animals, which included rabbits, lizards, snakes, guinea pigs and hamsters, died
from starvation and dehydration after the pet business owners failed to feed them
for approximately a week. The
landlord who subleased the warehouse had the building padlocked after the pet
business owners had failed to pay their rent. However, prosecutors say, the owners
failed to contact authorities or make any attempt to gain access to the animals.
Some of the animals were so desperate for food that they were feeding on the carcasses
of other pets when authorities discovered them. Still,
the five men arrested can only face misdemeanor animal cruelty charges and up
to a year in prison and a $1,000 fine for all those animal deaths. The men could
only face more serious felony charges and punishment if prosecutors had evidence
that they intended to kill the pets. Frustrated
by the limits of the law, New York lawmakers are trying to get new legislation
passed that would enable people to be charged with more serious felony animal
abuse if they either injure 10 or more animals at a time or they recklessly put
an animal in a situation that leads to serious injury or death. "Treating
any animal inhumanely is a disgusting crime," said state Sen. Nick Spano,
one of the sponsors of the proposed law. "It's our job as legislators to
develop effective laws that will enable local officials to punish these criminals
to the fullest extent." Expanding
the Definition of Animal Cruelty Limited
perception of the definition of abuse sometimes hamstrings the legal system in
animal cruelty cases. Brian Simpson of New Castle, Pa., was convicted of animal
abuse in 2001 for keeping his three dogs in a confined area full of feces and
other filth. A Pennsylvania Superior Court overturned his conviction on appeal,
saying his actions did not meet the state's legal definition of "wanton and
cruel." In
its ruling, the court urged legislators to clarify the wording of the law. State
Rep. James E. Casorio has proposed a new, broader law that would apply to pet
owners who abandon, neglect, beat, overwork and abuse their animals. "This
is a reaction to what the judiciary did. It's an effort to close a loophole in
the law," said Casorio. "Some people, I guess, when they think of abuse,
think of the more overt things people may do. If you were to ask anyone, most
people would agree that if you keep a defenseless animal in a backyard in its
own feces and filth, then that's abuse." Casorio
said he doesn't expect opposition to his proposed law and hopes to get it approved
by the Legislature this month. However, his bill would not increase penalties
for offenders. "What
we're doing is baby steps," Casorio said. "There's no doubt that I would
love to increase penalties for animal abusers. Studies have shown that those who
abuse animals commit crimes and graduate to abuse their human counterparts. Anyone
who would abuse a defenseless animal … that's just cowardly." The
Humane Society is also sponsoring an initiative to convince legislators and law
enforcement officials nationwide to expand definitions and increase penalties
for animal cruelty. Beatings are not the only form of animal cruelty; the society
points out; dogs and cats die from abandonment . "Failure
to feed your dog for a week is same as if you shot the dog," said Ann Chynoweth,
counsel to investigative services for the Humane Society. "Anyone knows that
if you fail to feed a dog, he will die from dehydration and starvation —
a slow, painful way to die. It's a form of torture. And we want law enforcement,
prosecutors and legislators to respond to that."
Happily Ever After?
According
to the Humane Society, approximately 6 million to 8 million cats and dogs enter
shelters every year by either being put up for adoption or through animal rescue
groups. Approximately 3 million to 4 million are euthanized. People
abandon their pets for many reasons. The cute and cuddly puppy they fell in love
with at the kennel grows into a not so cute and cuddly dog, and they cannot handle
the responsibility — or expenses — involved in caring for and raising
him. Their lifestyle changes or they have children, or move to a place that does
not allow pets. Dogs
and cats can also have behavioral problems that pet owners cannot manage or don't
understand. Pets can be so traumatized by abandonment that they lash out when
their new owners go to work or the store, leaving them alone in their apartment. "People
think that if they just set a domesticated animal free on the street that they
will be OK, that somehow they'll just revert to their wild roots and survive.
And that's just not true," said Stephanie Shain, director of companion animal
outreach for the Humane Society. "I
think it's a matter of education, people knowing what's out there to help them
with their pets, and knowing that there are reasons behind their pets' behavior,"
she said. Despite
his ordeal, Lucky is one fortunate cat. His rescuer and foster mother, Susan La
Marca, kept him in her home for four months, allowing him to regain some weight
and recover from his time on the streets. Now weighing 12 pounds, Lucky was adopted
recently. La Marca hopes the new home will work out. "I
wanted to give him some time to recover, which is why I held off on finding a
new home for him right away," she said. "He was really traumatized by
what happened to him. Hopefully, this will be a good match."
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