Page 1 of 21 Objective: 1. Collect data on the number and nature of complaints or incident reports to law enforcement based on a suspected violation of 13 V.S.A. chapter 8 (humane and proper treatment of animals); and how such complaints or incidents are generally addressed, such as referral to others, investigation, civil penalties, or criminal charges. 2. Based upon examination of the data requested in subsection (a) of this section; make recommendations to the Senate and House Committees on Judiciary on or before November 15, 2013 for improving the statewide response to complaints of animal cruelty. Data Collected: Due to the general nature of the objective, the data collection was stopped at a previous 5 year time period. During the research of data in reference to the objective, it was found that no central location or data base could be located in which covered the entire state of Vermont. The broader used State Computer Aided Dispatching (CAD) system used by law enforcement was found only to contain one cade which covered all animal problem complaints. Due to this, it was found that since January 1 st, 2008, 40466 complaints were logged in the CAD system as animal problems complaints. When arrest information was checked in the same system, only 4 arrests were found in the system, 1 of those being for a dog ordinance complainant and one was not classified. Since no direct information could be found in the CAD system, it was decided that a survey would be sent to all law enforcement and Human Societies. In this survey information was requested to meet the requirements of the objective. Data was also requested from the Vermont Center for Justice Research into criminal arrested made under chapter 8. Incorporated in this report you will find the following three reports: 1. Information received from the surveys filled out by law enforcement titled Police Incident reports of Animal Cruelty Survey. 2. Information received from the surveys filled out by humane societies titled Humane Society Incident reports of Animal Cruelty Survey. 3. Information received from the surveys filled out by law enforcement titled Town Clerks Incident reports of Animal Cruelty Survey. 4. Vermont Center for Criminal Research Animal Cruelty Criminal Prosecution Report. 5. Vermont Humane Federation Animal Tracks, Charts reporting 2008-present. It should be noted that due to the poor coding of offenses for all data involved, little information was able to be accurately reported on these surveys. Most cases/complaints would have had to be researched by the departments individually and amounted into the thousands. Very few departments actually returned the survey. Those departments or organization which responded are listed at the beginning of each report. The Animal Tracks system is limited in who can access the database, and not all information entered is shared. Please see the first recommendation as a way correct to these reporting problems.
Page 2 of 21 Recommendations: 1. The first priority for recommendations is the use, development and funding of a mandatory uniform report form and central database. A uniform system of reporting and tracking complaints and incidents for all agents would help the state quantify data for future reference and use. At the time of this report, only the Animal Tracks system appears to be in place and capable of handling central input, however the system is restricted and not used by all agencies involved. Such as with the Department of Motor Vehicles administering the uniformed accident report and main database there needs to be in place a central database for animal cruelty investigation, for purposes of developing proper legislation, education and grant request. 2. The survey shows a great variance in the number of issues and the way that animal complaints are handled from one organization to another, even within each category surveyed. A required course of training should be introduced in the present Vermont Criminal Training Counsel Basic Law Enforcement Academy. 3. It appears that some law enforcement agencies and towns are responding to calls of animal complaints and incidents, while others, apparently, have little or no involvement with situations involving animals. There was a large disparity with the reporting and recognition of animal complaints and incidents throughout the state. This may be indicative of the individual town select-board that may discourage and prevent intervention, lack of funding to support an agent, or an unawareness of the statutes that address animal welfare, or simply that they don't consider animal situations as part of their responsibility. Many towns do not allow their law enforcement to address cat issues, leaving agents unsupported in their attempts to investigate and take necessary action to remedy acts of neglect and abuse. The survey has revealed that some police dispatch personnel state that they do not handle animal complaints, or are misinformed on what constitutes a violation to the statute. For example, one dispatcher responded that abandoning a litter of kittens on the side of the road was not against the law. It would be helpful to have uniform training for dispatch personnel across the state, as they are the point of first contact for many animal issues. Police may not all be aware of the civil ticketing ability. 4. The costs of caring for animals that are seized and held in foster care and for the costs of veterinary involvement in a case were noted as point of concern. This was most especially noted from humane societies that often must assume the costs related to the care and maintenance of forfeited animals while awaiting a court hearing, or requesting the assistance of a veterinarian and must pay for their service. They report that they are rarely reimbursed.
Page 3 of 21 POLICE - Incident reports of Animal Cruelty Survey 40,366 complaints statewide were recorded since 2008: including police departments, municipalities and sheriff s office four shown arrests with only two actual. These arrest reports would later be shown erroneous, with the information received from the Vermont Center for Justice Research. Name and Address: Email: Phone Number: Richmond Police Dept (Chief Alan Buck) alan.buck@state.vt.us 802-434-2153 PO Box 285, Richmond, VT 05477 Brattleboro Police Department (802) 257-7946 2 3 0 M a i n S t r e e t B r a t t l e b o r o, V T Bennington Police Department 802-442-1030 118 So. St, Bennington, VT 05201 Rutland Cty. Sheriff s Dept. (Milicia A. Lynds) 802-775-8002 PO Box 303 (108 Wales St.), Rutland, VT 05701 Rutland City Police Dept. (Tim Jones) timothy.jones@state.vt.us 802-773-1816 108 Wales St., Rutland, VT 05701 Senior Trooper Michael Tietz Michael.tietz@state.vt.us 802-773-9101 124 State Place, Rutland, VT 05701 Milton Police Department (Karen Egan, Admin. Asst.) 802-893-6171 37 Bombardier Rd., Milton, VT 05468 2009-2013 - 1148 cases (not broken down) Windsor Cty. Sheriff s Office 0 cases recorded, assists local humane society
Page 4 of 21 4 - state police 1 - sheriff 0 - game warden 0 - constable 0 - humane society agent 0 - animal control 0 - board of health 0 - other authority 1) Number and Nature of Complaints 1) Confinement of animals in vehicles: # of complaints/incidents reported within the last 5 yrs: 207 Total: 5, 26, 84, 39, 50, 3 a) Do you own a laser sensor thermometer? Y 4, N 2 b) Are you fully aware of the signs of at risk/distress and how to address? Y 4, N 1 c) How many animals needed to be removed from vehicle? 84, Many, 0, 3 d) Did the animals suffer distress or death? Y 2, No 1, 1 Death, 11 Distress Use % to quantify approximate number of cases involving specific animals/conditions to help determination the situations involving the highest number of complaints. 2A) Inadequate Shelter: Dogs/Cats: # and % of complaints/incidents reported within the last 5 yrs: 198 total: 80/18%, 113 (106 assists), 5 Cases involving inadequate (cold weather) shelter and the use of: plastic vari-kennels/barrels, under porches, etc.(# and %): 0, 10/12%, b) un-insulated/open dog houses/insufficient insulation: 0, 30/40% c) exposure to elements: draft/cold, rain/snow, etc.: 1, 24/30% d) other: 16/20% 2B) Inadequate Shelter: Horses/ Livestock/Poultry: # and % of complaints/incidents reported within the last 5 yrs: 66 total: 1, 63/14%, 2 Was the VT Agency of Agriculture consulted? Y 1, N 1 (when needed) If so, did an agent for the agency investigate the situation? Y 1 Was action taken by either the agent or the responding officer? seizure of animals If not, why? Y 3, search warrant & N/A 3) Inadequate food # and % of incidents: 2, 9, 2/29%, 86/20% 4) Inadequate water # and % of incidents: 2, 9, 2/29%, 74/17%
Page 5 of 21 5) Inadequate sanitation # and % of incidents: 0, 8, 16/4% 6) Necessary medical attention # and % of incidents: 2, 10, 1/15%, 25/6% 7) Torture or torment a) bestiality # and % of incidents: 0 b) physical harm, beating, etc. # and % of incidents: 0, 9, 19/4%, 5 c) emotional torment (ex: chained 24/7 wo human contact) # and % of incidents: 3, 0, 12/3% d) tethers inadequate or too short # and % of incidents: 0, 1/15%, 21/5% e) other # and % of incidents: 0 8) Hoarding # and % of incidents: 0, 2, 3/17% 2) How are Complaints/Incidents Generally Addressed 1) Issue Referred: Police, Humane Society, Agency of Agriculture, Animal Control other: PD - 7, HS/Rescue 3, Ag 2, Vet 1, ACO 1 a) Was a follow up conducted to see if action/resolution resulted by the investigating entity? Y 5, N 1 b) Were you notified of the findings? Y 4, N 1 c) If the Agency of Agriculture was consulted, did an agent for that agency investigate the situation? Y 4, N 1, N/A d) Were you notified of the findings? Y 3 e) Were there violations re: accepted agricultural practices? Y, Some, N, N/A f) Action taken/what? Per Ag. Regulations, No animals allowed on premises, N/A 2) Case File Started ONLY a) Are follow ups made to see if action/resolution resulted? Y 3, N 1 3) Investigations: a) Apx % resulting in voluntary compliance 85%, 98%, 50% b) Apx % need to include outside assistance, such as 4%, 100% police, humane agent, veterinarian, other: 95%, 15% c) Why was this necessary? Documentation, ensure welfare of animals, nature of calls "Large animal transport, medical evaluation needed, vet needed"
Page 6 of 21 4) Civil Penalties: How many were issued within within your department or agency within the last 5 yrs? 27 total Citations: 13, 3, 4, 2, 5, 46 a) Court case resulting? 6 Criminal Charges, N 1 b) What county/city/state attorney? Brattleboro/Windham, Bennington/Ben. Co., Rutland/Rut. Co. Rutland Co./Peter Bevere Outcome: Fine (adjusted from $780 to $100), 2 expunged for minors, 2 dismissed, probation, no animals on premises c) Do you have the ability to issue civil citations? Y 5 d) Do you work with law enforcement that has/would issue a civil citation based on your findings? Y 2, N/A 5) Criminal Charges: How many were issued citations to appear in court within your department or agency within the last 5 yrs? 35: 0, 6, 17, 7, 5 a) What county/city/town? Richmond, Brattleboro, Bennington, Rutland b) What # of citations issued were actually prosecuted? 3, 17, 100%, 100% c) Outcome: 3 issued conditions, Ticket/fine and restitution 2, 10 dismissed, guilty pleas/forfeiture (?#), Conditions of release & Restitution (?#) 10 counts 0 to 6 mos Com. Service, 1 6 to 12 months Com. Serv. 1-1 to 2 year s probation, conviction on all 5 d) Do you feel that you have the backing of your state attorney with regard to prosecuting offenders? Y 3, Most of time - 1 e) If not, in your opinion, why not? No responses
Page 7 of 21 Animals Include: % of Complaints Do you involve Would you be involving these a veterinarian qualified as an species re investigation expert witness? of these species? Dogs 4, 72%, 99%, 55% Y, Y - when needed N - 2 Cats 1, 15%, 12% Y N Horses 20% Y N Livestock 6% Poultry 5% Other 15%, 2% Have you attended training specifically re: Title 13: Crimes & Criminal Procedure, Chapter 8 - Humane & Proper Treatment of Animals? Yes - 1 No - 2 When? 2010-2 Where? Instructors: VT Police Academy - 4, Ben. PD J. Bourbeau (HSUS), M. Squires, T. Whipple Do you feel that this training was adequate, so that in the event you were called to testify, you would be fully able to articulate the statutes and your findings? Y - 1 It would be most helpful to have more training with regard to: "Animal-specific training People aren t familiar with all animals". In your opinion, what situations are most Subjective with regard to a violation, and why? Adequate shelter 1 Adequate water 2 Adequate sanitation 0 Adequate food 2 Need for medical attention 0 Torture/torment 2 "Referred to ACO, need to be more clearly defined, torture hard to determine (have to see)" In your opinion, what situations are most Objective with regard to a violation, and why? Adequate shelter 1 Adequate water 1 Adequate sanitation 2 Adequate food 1 Need for medical attention 2 Torture/torment 0 "Based on experience"
Page 8 of 21 Suggestions for improving the animal cruelty forfeiture proceedings held pursuant to Chapter 13: "Court-ordered restitution needed, Mandatory hearing in a TIMELY manner, Reimbursement from State, (PD paid out $19,000 for hoarding forfeiture cases)" If a situation required the involvement of one or more of the below, was there reimbursement for costs incurred, and if so, how was this addressed (court order, etc.), and who paid for it? Veterinarian Pd by: ACO, PD, City Law enforcement ACO, PD Humane agent N/A, Volunteered Fostering/boarding N/A, Scheduled by PD HUMANE SOCIETIES: INCIDENT REPORTS OF ANIMAL CRUELTY SURVEY Name and Address: Email: Phone Number: Franklin Co. Humane Society Rusty@franklincountyhumane.org 802-524-9650 x12 30 Sunset Meadows, St. Albans, VT Joanne Nichols Joann@chittendenhumane.org 802-862-0135 x18 142 Kindness Ct., So. Burlington, VT 05403 Renee Falconer Rfalconer@nchsi.org 802-673-3791 127 Hunt Hill Rd. Orleans, VT 05860 Second Chance 6779 Vt Route 7A Shaftsbury, VT 05262 Secondchance@wildblue.net 802-375-0249 VVSA Humane Society skaskiw@vermontel.net 802-672-5302 0 - state police 0 - sheriff 0 - game warden 0 - constable 4- humane society agent 1- animal control 0 - board of health 0 - other authority
Page 9 of 21 1) Number and Nature of Complaints 1) Confinement of animals in vehicles: # of complaints/incidents reported: 39 a) Do you own a laser sensor thermometer? Y 3, N 2 b) Are you fully aware of the signs of at risk/distress and how to address? Y 4 c) How many animals needed to be removed from vehicle? 21 d) Did the animals suffer distress or death? Y Distress 4, Death - 1, No 1 2A) Inadequate Shelter: Dogs/Cats: # and % of complaints/incidents reported: 60, 30+, 112 (23%) / 150 (90% - dogs, 10% - cats) / 50% dogs, 25% cats, 25% livestock & poultry Cases involving inadequate (cold weather) shelter and the use of: plastic vari-kennels/barrels, under porches, etc.(# and %): 85: 15, 12, 50, 8 b) un-insulated/open dog houses/insufficient insulation: 43-70: 15 45, 5, 20, 3 c) exposure to elements: draft/cold, rain/snow, etc.: 66 75: 45 60, 15, 6 d) other: 62-77: 30 45, 3, 30 2B) Inadequate Shelter: Horses/ Livestock/Poultry: # and % of complaints/incidents : 261: 1, 10, 200+, 2, 1, 47/ 8%, Was the VT Agency of Agriculture consulted? Y 4, 50% of time If so, did an agent for the agency investigate the situation? Y 2, N - 1 Was action taken by either the agent or the responding officer? N 3, not always, but helpful If not, why? State Police did not enforce Agency s recommendation, No action, worked towards compliance. No action. 3) Inadequate food # and % of incidents: 25%, 50-80%, 123/23%, 30%, 8 4) Inadequate water # and % of incidents: 25%, 60-100%, 20/50-70%, 80/15%, 8 5) Inadequate sanitation # and % of incidents: 25%, 100%, 10-15/20%, 50/10%, 10 6) Necessary medical attention # and % of incidents: 25%, 63%, 12/75%, 102/19%, 16
Page 10 of 21 7) Torture or torment a) bestiality # and % of incidents: 1, 0, 0 b) physical harm, beating, etc. # and % of incidents: 12, 5/80%, 58/10% c) emotional torment (ex: chained 24/7 w/o human contact) # and % of incidents: 20, 50-60, 20/80%, 30/5%, 11 d) tethers inadequate or too short # and % of incidents: 100, 50-60, 10/100%, 2/13%, 7 e) other # and % of incidents: 15-25, 0, 71/13%, 5 Dead animals on site 2 instances 8) Hoarding # and % of incidents: 32 instances: 5-10, 3/80%, 1 Police warrant issued, 1 Civil penalty, 2 No citation, 10-12 No police response, 2 Voluntary compliance, 1 Death of animals by fire 2) How are Complaints/Incidents Addressed: RESPONDENTS WROTE: 1) Issue Referred to: Police, Humane Society, Agency of Agriculture, Animal Control other: "Bennington PD"/"Sheriff s Dept"/"ACO"/"Agriculture"/ "Police Departments often don t respond don t know the statutes" b) Was a follow up conducted to see if action/resolution resulted by the investigating entity? "Usually called with results"/ "Sometimes" b) Were you notified of the findings? "Not usually"/"not in timely manner"/"sometimes" c) If the Ag. of AGR was consulted, did an agent for that agency investigate the situation? "Y"/ "Y - up until they no longer handled"/ "Not usually"/ "Worthless to call for assistance- they say that they have no ability to enforce the statutes - so why are they in the statutes to call? Look at their history - they allow animals to stay in situations that are far from "adequate" by definition." d) Were you notified of the findings? "Y', "Y" "When Jim C. was at Ag", "Sometimes"/ "No" e) Were there violations re: Accepted Agricultural Practices? "Y" / "Sometimes" / "Yes, but not in compliance with the statutes re animal cruelty - they use the term "accepted Agricultural Practice" as a shield not to address "inadequate" re animal welfare". f) Was action taken/what? "Sanitation, feed made available, bedding required, warnings with follow-up, not pursued no fault found, situation continued and worsened, town refused to allow ACO to issue citation" / "Carcass of dead horse removed (other horse forfeited), some towns won t allow ACO to address cat issues, unable to ascertain if owner complied - unable to resolve, cows in residential neighborhood voluntary compliance (moved them when asked),
Page 11 of 21 HS went out and supplied flea meds and food, State Police dispatchers often state that they do not handle animal complaints". 2) Case File Started ONLY Humane Soc. of Chittenden Cty - 528 cases in 5 years a) Are follow ups made to see if action/resolution resulted? "Y", "Y if done by P.E.T.S." / Not always" 3) Investigations: a) Apx % resulting in voluntary compliance 20%, 13%, 5%/ 50-75% b) Apx % need to include outside assistance, such as police, humane agent, veterinarian, other: 100%, 25%, 30%, 90% c) Why was this necessary? "Trespass laws" - 2, "Compliance", "Violent owners", "Charges needed", "People unwilling to make changes" 4) Civil Penalties: How many were issued within within your department or agency: Citations: 3, 1 a) Court case resulting? "Not guilty"/ "No restitution" / "No info provided" b) What county/city/state attorney? Franklin Co., Jim Hughes / 1 Essex Co. / 1 Lamoille Co., 1 Orleans Co. / Windsor Co. / Orange Co. / Chittenden Co. etc. Outcome: "Months of caring for animals No compliance", "All 3 guilty", "Town of Hartford, won t address cat issues", "Relapse" c) Do you have the ability to issue civil citations? Y 3, N - 2, but 1 HS can contract w/ sheriff department to issue and they are very responsive." d) Do you work with law enforcement that has/would issue a civil citation based on your findings? "Y 1" / "They are no help" / "Sometimes helpful, sometimes not at all"/ "Contract needed for a full time service, but willing to help as needed pro-bono" 5) Criminal Charges: How many were issued citations to appear in court within your department or agency 8 / 5 / 3 / 1 a) What county/city/town? St. Albans, Highgate, Georgia, Newport, Hyde Park, Lamoille, Island Pond, Essex / Windsor b) What # of citations issued were actually prosecuted? 7: 4, 3, "wasn't informed" c) Outcome: "Slap on hands"/ "All 3 charged" / "Probation" / "Fines" / Restitution" d) Do you feel that you have the backing of your state attorney with regard to prosecuting offenders? "N" / "N" / "N" / "In the past - don't know about now"
Page 12 of 21 e) If not, in your opinion, why not? "Can t be bothered (dog-killing in Barre, bestiality in Cabot, Bakersfield cattle)" / "Too many cases" / "Callers reporting incidents told by police departments, dispatcher that they don t address animals" Animals Include: % of Complaints Do you involve Would you be involving these a veterinarian qualified as an species re investigation expert witness? of these species? Dogs 197, 4, 37%, 30% Y - 4, S - 1 Y - 4 Cats 133, 1, 25%, 60% Y 3, S - 1 Y - 3 Horses 105, 2, 19%, 5% Y 4, S - 1 Y 2, N - 1 Livestock 68, 1, 12%, 4% Y 4, S 1 Y 2, S 1 Poultry 18, 3%, 1% Y 2, S - 1 N Other 62, 11% Y 2, S - 1 Have you attended training specifically re: Title 13: Crimes & Criminal Procedure, Chapter 8 - Humane & Proper Treatment of Animals? Yes - 5 When? 2008-2013 Where? VCJTC, CVHS, VT Police Academy - 2 Instructors: "Law Enforcement, Chief Whipple, Tom Brave, Myself, So. Burlington PD, others", "VVSA has hosted trainings as well as attended" / " HSUS" - 4 Do you feel that this training was adequate, so that in the event you were called to testify, you would be fully able to articulate the statutes and your findings? Y 2 / N - 3 (some partially) It would be most helpful to have more training with regard to: "More hands-on needed, weak in crime scene re-enactment, police need to teach the courses" / "95% no response, lack of enforcement is a problem in VT" - 2 / "Need free legal advice, how to write tickets and work with law enforcement" / "State s atty office, correct proceedings for forfeiture"/ "Civil ticketing 2", "More training from professionals in that field". In your opinion, what situations are most Subjective with regard to a violation, and why? Adequate shelter 4 Adequate water 1 Adequate sanitation 0 Adequate food 2 Need for medical attention 0 Torture/torment 1
Page 13 of 21 "Statutes vague" / "Need 24 hour monitoring or eye-witness" / "Some responders have a hard time determining what is 'adequate' - should be given the opportunity to learn from veterinarians re adequate" In your opinion, what situations are most Objective with regard to a violation, and why? Adequate shelter 1 Adequate water 1 Adequate sanitation 1 Adequate food 1 Need for medical attention 2 Torture/torment 0 "Easier to identify" Suggestions for improving the animal cruelty forfeiture proceedings held pursuant to Chapter 13: in "Forfeiture, lien on properties for restitution", "Costly to humane societies need proceedings TIMELY manner (30-40 days tops!)" / "Laws too vague/inadequate", "Reimbursement for services needed." If a situation required the involvement of one or more of the below, was there reimbursement for costs incurred, and if so, how was this addressed (court order, etc.), and who paid for it? Veterinarian Pd by: "HS" - 3, "Volunteered" / "Grants, town" Law enforcement "N/A" - 3 / "Paid by department" Humane agent "No reimbursement " - 4 / "Humane societies always left to absorb costs - civil ticketing does not reimburse foster agency for costs - not right" Fostering/boarding "Y / HS" / "Town, then HS (Derby, Derby Line, Beebe within reason)" / "No reimbursement" Town Clerks Incident reports of Animal Cruelty Survey Name and Address: Email: Phone Number: Maidstone Town Clerk maidstonetownclerk@gmail.com 802-676-3210 PO Box 118 Guildenhall, VT 05905 Karen Clinger kclinger@lowelltown.org 802-744-6559 2170 VT Rte. 100, Lowell, VT 05847 Duncan Hastings dhastings@townofjohnson.com 802-635-2611 PO Box 383, Johnson, VT 05656
Page 14 of 21 Kim E. Silk kim@silkwoodkennel.com 802-472-7061 PO Box 265, Woodbury, VT Chris Smith c/o Town of Ripton, 802-388-0337 PO Box 10, Ripton, VT 05766 or 2266 Diane Forsey geoff4c@aol.com 802-363-2545 PO Box 32, Westford, VT 05494 Kevin Joyal Joyalkevin@gmail.com 802-249-9561 3984 VT Rte 65, Randolph, VT 05060 Sally O Neill, Town of Roxbury ghille@tds.net 802-485-9612 PO Box 53, Roxbury, VT 05669 Town of Reading readingvt@comcast.net 802-484-7250 PO Box 721, Reading, VT 05062 Town of Tabor 802-293-5020 PO Box 245, Tabor, VT 05739 Town of Troy 802-988-2663 142 Main St., N. Troy, VT 05859 Town of Glover 0 cases 0 - state police 0 - sheriff 0 - game warden 3 - constable 0- humane society agent 5- animal control 1 - board of health 3 - other authority 1) Number and Nature of Complaints 1) Confinement of animals in vehicles: # of complaints/incidents reported in the last 5 yrs: 1 a) Do you own a laser sensor thermometer? Y 1, N 9 b) Are you fully aware of the signs of distress and how to address? Y 4, N 2, "Somewhat, common sense" c) How many animals needed to be removed from vehicle? 0 d) Did the animals suffer distress or death? No 1
Page 15 of 21 2A) Inadequate Shelter: Dogs/Cats: # and % of complaints/incidents reported: 15 total Cases involving inadequate (cold weather) shelter and the use of: plastic vari-kennels/barrels, under porches, etc.(# and %): 3 b) uninsulated/open dog houses/insufficient insulation: 4: 2, 2 c) exposure to elements: draft/cold, rain/snow, etc.: 5: 3, 2 d) other: 1 abandoned 2B) Inadequate Shelter: Horses/ Livestock/Poultry: # and % of complaints/incidents reported within the last 5 yrs: 4 sheep Was the VT Agency of Agriculture consulted? Y 1 If so, did an agent for the agency investigate the situation? Y 1 phone call Was action taken by either the agent or the responding officer? Y 1, N 1 If not, why? Adequate feed owner verified 3) Inadequate food # and % of incidents: 4/100%, 2, 3 total: 9 4) Inadequate water # and % of incidents: 4/100%, 1, 2, 7, 1 total: 15 5) Inadequate sanitation # and % of incidents: 4/100%, 2 total: 6 6) Necessary medical attention # and % of incidents: 4/100%, 1, 2 total: 7 7) Torture or torment a) bestiality # and % of incidents: 0 b) physical harm, beating, etc. # and % of incidents: 0 c) emotional torment (ex: chained 24/7 wo human contact) # and % of incidents: 2 d) tethers inadequate or too short # and % of incidents: 4 e) other # and % of incidents: 2 1 abandoned, 1 hunting bear & dog not registered 8) Hoarding # and % of incidents: 0
Page 16 of 21 2) How are Complaints/Incidents Generally Addressed 1) Issue Referred: Police, Humane Society, Agency of Agriculture, Animal Control other: ACO 2, HS 3, Police 2, State Vet (Ag) 1, Health Officer 1 d) Was a follow up conducted to see if action resulted by the investigating entity? Y - 4 "Usually called with results" b) Were you notified of the findings? Y - 4 c) If the Agency of Agriculture was consulted, did an agent for that agency investigate the situation? Y - 2 d) Were you notified of the findings? Y 1 e) Were there violations re: accepted agricultural practices? Y - 1 f) Action taken/what? "Spoke to owners" / "Animals taken from owner" - 2 2) Case File Started ONLY N - 2 a) Are follow ups made to see if action/resolution resulted? Y - 2 3) Investigations: a) Apx % resulting in voluntary compliance 100%, 90%, 0% b) Apx % need to include outside assistance, such as police, humane agent, veterinarian, other: only once in 5 yrs., 1 dog neglect-no charges. 100%, 10% Why was this necessary? "Trespass laws", "Compliance", "violent owners", "Charges needed", "People unwilling to make changes" 4) Civil Penalties: Issued within within your department or agency in the last 5 yrs: Citations - 4 a) Court case resulting? Y b) What county/city/state attorney? Craig Nolan, Tom Kelly, Wash. Co. Outcome: restitution, owner forfeited sheep c) Do you have the ability to issue civil citations? Y 3 d) Do you work with law enforcement that has/would issue a civil citation based on your findings? Y 4
Page 17 of 21 5) Criminal Charges: How many were issued citations to appear in court within your department or agency within the last 5 yrs? 4 a) What county/city/town? Addison, Roxbury b) What # of citations issued were actually prosecuted? 4 c) Outcome: Sheep removed, no livestock for 18 months, fine, restitution, probation d) Do you feel that you have the backing of your state attorney with regard to prosecuting offenders? Y - 3 e) If not, in your opinion, why not? No response Animals Include: % of Complaints Do you involve Would you be involving these a veterinarian qualified as an species re investigation expert witness? of these species? Dogs 100%, 3/3%, 20, 1 Y 4, N - 1 Y 2 Cats 6 Y 2 Y 2 Horses 15, 3 (1 dead) /3 Y 2 Livestock 25, 2/2% Y 2 Poultry 92/9% Y 1 Other Y 1 Have you attended training specifically re: Title 13: Crimes & Criminal Procedure, Chapter 8 - Humane & Proper Treatment of Animals? Y 2, N - 5 When? No response Where? VT Police Academy - 2 Instructors: J. Bourbeau (HSUS) -2, Chief Whipple - 1, Local Vet 1, State Vet - 1 Do you feel that this training was adequate, so that in the event you were called to testify, you would be fully able to articulate the statutes and your findings? Y 2, Not sure It would be most helpful to have more training with regard to: Neglected Animals / Documentation / Testimony" "Laws and Treatment of
Page 18 of 21 In your opinion, what situations are most Subjective with regard to a violation, and why? Adequate shelter 3 Adequate water 2 Adequate sanitation 0 Adequate food 2 Need for medical attention 2 Torture/torment 0 Drive-by reports / Looked bad, some animals are OK without the perfect shelter barns, pasture, etc. In your opinion, what situations are most Objective with regard to a violation, and why? Adequate shelter 1 Adequate water 3 Adequate sanitation 0 Adequate food 3 Need for medical attention 1 Torture/torment 2 Suggestions for improving the animal cruelty forfeiture proceedings held pursuant to Chapter 13: "Town should not be left holding the bag for bad cases State funding needed, Faster court dates, fines/tickets for animals not registered with the town, more enforcement of abuse cases." If a situation required the involvement of one or more of the below, was there reimbursement for costs incurred, and if so, how was this addressed (court order, etc.), and who paid for it? Veterinarian Pd by: Y paid by town 2, owner paid 1, Volunteered services Law enforcement - paid by Sheriff s Dept. - 1 Humane agent Fostering/boarding I personally paid vet bill and fostered for 1 week / Y 2 / Paid by owner or town - 1
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