Equine Issues

AL - Entertainment - § 40-12-111. Horse show, rodeo, or dog and pony shows.

Summary: This Alabama laws states that every horse show, rodeo, dog and pony show, or like exhibition or show, where any charge is made therefor, shall pay a license tax of $25 for each day of performance.

This Alabama laws states that every horse show, rodeo, dog and pony show, or like exhibition or show, where any charge is made therefor, shall pay a license tax of $25 for each day of performance.

WV - Racing - Article 23. Horse and Dog Racing

Summary: This Act requires a license from the West Virginia Racing Commission in order to conduct horse or dog racing. Anyone who participates or has anything to do with dog racing or horse racing at a licensed track, such as employees and horse/dog owners, must have a permit from the commission. This Act allows for the West Virginia Racing Commission to continue its existence as a public corporation. The Commission has full jurisdiction over and must supervise all horse and dog race meetings and all persons involved in the holding or conducting of horse and dog race meetings. Each county that already permits horse racing must vote and approve dog racing in order for the Commission to issue a license for a racing facility.

This Act requires a license from the West Virginia Racing Commission in order to conduct horse or dog racing. Anyone who participates or has anything to do with dog racing or horse racing at a licensed track, such as employees and horse/dog owners, must have a permit from the commission. This Act allows for the West Virginia Racing Commission to continue its existence as a public corporation. The Commission has full jurisdiction over and must supervise all horse and dog race meetings and all persons involved in the holding or conducting of horse and dog race meetings. Each county that already permits horse racing must vote and approve dog racing in order for the Commission to issue a license for a racing facility.

IA - Racing - 99D.1 to 99D.28. Pari-Mutuel Wagering

Summary: This act legalizes and only applies to pari-mutuel wagering on dog and horse races in the state of Iowa. The act creates a state racing and gaming commission which has full jurisdiction to investigate applicants, adopt standards, and regulate all horse and dog races governed by the act. Organizations that wish to conduct horse and dog racing must apply to the commission for a license and meet the requirements. Tracks that are licensed to race dogs are required to maintain a racing dog adoption program.

This act legalizes and only applies to pari-mutuel wagering on dog and horse races in the state of Iowa. The act creates a state racing and gaming commission which has full jurisdiction to investigate applicants, adopt standards, and regulate all horse and dog races governed by the act. Organizations that wish to conduct horse and dog racing must apply to the commission for a license and meet the requirements. Tracks that are licensed to race dogs are required to maintain a racing dog adoption program.

NJ - Horse - 39:4-15. Sleigh bells on horses attached to a sleigh

Summary: This New Jersey law states that no person shall drive a horse attached to a sleigh or sled on a highway unless there are a sufficient number of bells attached to the horse's harness to give warning of its approach.

This New Jersey law states that no person shall drive a horse attached to a sleigh or sled on a highway unless there are a sufficient number of bells attached to the horse's harness to give warning of its approach.

State v. Hammond

Summary: Defendant Hammond appeals his conviction for misdemeanor animal abuse in violation of § 578.012. The facts underlying the conviction stem from defendant’s conduct with a horse. In 2016, police were dispatched to a horse that was "down" on a road. The officer observed multiple injuries on the horse's hooves, fetlocks, and lower legs. Its hooves were severely abraded, which was confirmed by subsequent veterinary examination. Another officer observed markings on the road indicative of a "blood trail" from defendant's residence to the location of the horse. According to this officer, defendant told him that he had been "doing farrier stuff to his horses and this particular horse had broke away from them five times and broke a couple of lead lines, burned some people’s hands, and that he was going to teach the horse a lesson." Ultimately, the officers were able to get the horse to stand and loaded into a trailer. It later died at the animal clinic to where it was taken. Defendant was charged with felony animal abuse and a jury trial was held. The jury convicted defendant of the lesser-included misdemeanor animal abuse. On appeal, defendant argues that the trial court erred by refusing to allow his counsel to read Missouri's right-to-farm amendment when it instructed the jury on the amendment. The court noted that, similar to a prior case evoking the right-to-farm amendment, the amendment itself was not intended to nullify or curtail longstanding laws. The prohibition against animal cruelty existed in some form in the Missouri code for 145 years. Further, the court disagreed with defendant's contention that his prosecution criminalized a legitimate farming practice. The jury convicted defendant based on a finding that, when he pulled the horse behind his truck, his conscious object was to cause injury or suffering to the horse. While defendant contends that his was employing a legitimate, established farming technique to "train" the horse, the jury rejected his claim. Defendant's claim on appeal that the animal abuse law could then be used to prosecute farmers for other legitimate farming activities (i.e., branding, castration, use of whips, etc.) was also rejected. The court found that the conscious object of such activities is not to inflect pain or suffering, but to achieve another goal. The pain is "incidental to the farmer's legitimate objectives." The jury found this not to be the case with defendant. Thus, the circuit court did not abuse its discretion when it refused to allow Hammond to read the right-to-farm amendment to the jury, and when it refused to instruct the jury on the amendment’s terms. Affirmed.

Defendant Hammond appeals his conviction for misdemeanor animal abuse in violation of § 578.012. The facts underlying the conviction stem from defendant’s conduct with a horse. In 2016, police were dispatched to a horse that was "down" on a road. The officer observed multiple injuries on the horse's hooves, fetlocks, and lower legs. Its hooves were severely abraded, which was confirmed by subsequent veterinary examination. Another officer observed markings on the road indicative of a "blood trail" from defendant's residence to the location of the horse. According to this officer, defendant told him that he had been "doing farrier stuff to his horses and this particular horse had broke away from them five times and broke a couple of lead lines, burned some people’s hands, and that he was going to teach the horse a lesson." Ultimately, the officers were able to get the horse to stand and loaded into a trailer. It later died at the animal clinic to where it was taken. Defendant was charged with felony animal abuse and a jury trial was held. The jury convicted defendant of the lesser-included misdemeanor animal abuse. On appeal, defendant argues that the trial court erred by refusing to allow his counsel to read Missouri's right-to-farm amendment when it instructed the jury on the amendment. The court noted that, similar to a prior case evoking the right-to-farm amendment, the amendment itself was not intended to nullify or curtail longstanding laws. The prohibition against animal cruelty existed in some form in the Missouri code for 145 years. Further, the court disagreed with defendant's contention that his prosecution criminalized a legitimate farming practice. The jury convicted defendant based on a finding that, when he pulled the horse behind his truck, his conscious object was to cause injury or suffering to the horse. While defendant contends that his was employing a legitimate, established farming technique to "train" the horse, the jury rejected his claim. Defendant's claim on appeal that the animal abuse law could then be used to prosecute farmers for other legitimate farming activities (i.e., branding, castration, use of whips, etc.) was also rejected. The court found that the conscious object of such activities is not to inflect pain or suffering, but to achieve another goal. The pain is "incidental to the farmer's legitimate objectives." The jury found this not to be the case with defendant. Thus, the circuit court did not abuse its discretion when it refused to allow Hammond to read the right-to-farm amendment to the jury, and when it refused to instruct the jury on the amendment’s terms. Affirmed.

Wild Horse Observers Ass'n, Inc. v. New Mexico Livestock Bd.

Summary: This case dealt with a determination made by the New Mexico Livestock Board that a group of undomesticated, unowned, free-roaming horses (the Placitas horses) were “livestock” and “estray” rather than wild horses under the Livestock Code. The Wild Horse Observers Association filed suit against the Board, but their claim was dismissed by the District Court. The Court of Appeals held that 1) the horses were not “livestock”, as they had never been domesticated and therefore could not be “estray”; 2) the Board had a statutory duty to test and relocate wild horses captured on public land; and 3) the Plaintiffs did state a claim that was sufficient to survive the motion to dismiss. Reversed and remanded for further proceedings

This case dealt with a determination made by the New Mexico Livestock Board that a group of undomesticated, unowned, free-roaming horses (the Placitas horses) were “livestock” and “estray” rather than wild horses under the Livestock Code. The Wild Horse Observers Association filed suit against the Board, but their claim was dismissed by the District Court. The Court of Appeals held that 1) the horses were not “livestock”, as they had never been domesticated and therefore could not be “estray”; 2) the Board had a statutory duty to test and relocate wild horses captured on public land; and 3) the Plaintiffs did state a claim that was sufficient to survive the motion to dismiss. Reversed and remanded for further proceedings

Colombia, Decreto 178, 2012

Summary: This decreto relates to measures for the replacement of vehicles of animal traction. The term ‘vehicle of animal traction’ is defined by the National Traffic Code, Ley 769, 2002 as a “non-motorized vehicle pulled or moved by an animal. Decreto 178, 2012, regulates and approves the substitution of the vehicles of animal traction for cargo vehicles as a way to facilitate and incentivize the development of alternatives for the drivers.

This decreto relates to measures for the replacement of vehicles of animal traction. The term ‘vehicle of animal traction’ is defined by the National Traffic Code, Ley 769, 2002 as a “non-motorized vehicle pulled or moved by an animal. Decreto 178, 2012, regulates and approves the substitution of the vehicles of animal traction for cargo vehicles as a way to facilitate and incentivize the development of alternatives for the drivers.

NY - Equine Activity - Article18-B. Safety in Agricultural Tourism

Summary: This 2017 New York set of laws is known as the “safety in agricultural tourism act." The activities defined as agricultural tourism are broad, and include equine therapy, u-pick Christmas trees, touring farms, and hunting on farms. The act requires that operators of agricultural tourism areas post at every point of sale or distribution of tickets a conspicuous “Warning to Visitors” relative to the inherent risks of participating in activities on working farms and to provide written information based on requirements from the commissioner of agriculture. Owners and operators of agricultural tourism areas shall not be liable for an injury to or death of a visitor if the provisions of this subdivision are complied with

This 2017 New York set of laws is known as the “safety in agricultural tourism act." The activities defined as agricultural tourism are broad, and include equine therapy, u-pick Christmas trees, touring farms, and hunting on farms. The act requires that operators of agricultural tourism areas post at every point of sale or distribution of tickets a conspicuous “Warning to Visitors” relative to the inherent risks of participating in activities on working farms and to provide written information based on requirements from the commissioner of agriculture. Owners and operators of agricultural tourism areas shall not be liable for an injury to or death of a visitor if the provisions of this subdivision are complied with