What is Considered Animal Neglect in Michigan
When it comes to animals, Michigan has a wide range of laws in place that dictate how the average citizen can and cannot treat their domestic animals. The problem, of course, is what to do when things go wrong. Is animal cruelty present with some situations? What response should the law take into account?
For the most part, animal neglect is fairly easy to spot. If it looks like pets are being treated badly, then there’s a good chance that someone will step in and rectify the problem. The real trouble often comes when the signs of trouble aren’t so immediately visible.
Michigan makes no secret of the fact that animal neglect is a crime, but it does take some time to figure out just what qualifies as neglect in the eyes of the law. For example, the most basic definition of animal neglect in Michigan is "failure to provide adequate care."
This is a broad definition. The state could very well interpret this as you not providing a home for your pet that was properly equipped with all the amenities needed to keep it comfortable. On the other hand, the court could see it as you simply giving your cat a cheap litter box and feeding your bemused dog the kat food from the bottom shelf at the gas station.
The Legislature clearly states these two examples would not qualify as animal neglect. Section 750.50 of the Michigan Penal Code makes this particular facet of animal categories a Class A misdemeanor , which means that you have more than enough reason to be concerned about charges related to animal neglect.
When an animal dies as a result of neglect, the statute has a stronger punishment for animal neglect cases. In the event of death, animal neglect could be charged as a Class G or Class D felony, depending upon the laws of the particular county in which the case may arise. This factor is largely due to an animal that dies of neglect being evidence of cruelty at the very least, or potentially proof of guilt in a capital animal cruelty case.
In the state of Michigan, misdemeanor charges of animal neglect involve either recklessly or intentionally neglecting a domestic animal to the point that the animal does not receive proper care. Neglect in this case would include factors such as:
Both misdemeanor and felony animal neglect charges involve processes of investigating the matter, gathering evidence, interviewing witnesses and taking over the case from there. Keep in mind that, in addition to criminal repercussions, animal neglect charges could also impact your civil rights.
Penalties for Animal Neglect in Michigan
Michigan imposes significant penalties for animal neglect. According to Michigan law, if a defendant is found to have violated MCL 750.50 (the animal neglect statute) then the maximum penalty is imprisonment for 93 days and/ or a fine of $500.00. However, in the case of people charged with more than one violation, MCL 750.50(3) provides for an enhanced penalty of not more than one year in the county jail and/ or $1,000.00 for each violation.
Recognizing that some violations are more serious in nature than others, Michigan law provides for several degrees of animal neglect. Misdemeanor animal neglect (the least serious form of the crime) occurs when the owner of a domestic animal or a person having charge or custody of a domestic animal violates MCL 750.50 (typically a failure to accidentally injure an animal). Felony animal neglect often occurs when the owner of a domestic animal or a person having charge or custody of a domestic animal commits repeated acts of animal neglect with a single animal. Felony animal neglect is a one year misdemeanor. Felony aggravated animal neglect, the most serious form of animal neglect, occurs when a person knowingly or intentionally deprives a domestic animal of sustenance or intentionally or knowingly fails to provide medical treatment to a domestic animal. Felony aggravated animal neglect is a four year felony punishable by a term of imprisonment of up to four years and/ or a fine of $5,000.00. For more information about animal domestication and animal cruelty in Michigan, please see my prior posts about Animal Cruelly in Michigan and how wild and domesticated animals are treated under Michigan law.
How to Report Animal Neglect in Michigan
Each county has at least one animal control officer, usually located at an animal shelter. A comprehensive list of jurisdictions can be found at the Michigan Animal Control Association website. You can also report suspected animal neglect or abuse to the Humane Society or Society for the Prevention of Cruelty to Animals local office. Their telephone numbers are also listed on the Michigan Animal Control Association website. You can also file a complaint with local law enforcement using their non-emergency telephone number.
If you suspect neglect, abuse, or any other offense, it is best to call the animal control officer in your area. They have the experience and authority to help animals. Providing law enforcement with knowledge of the situation will only help the officers take the proper steps to help the animals in need. When you contact the animal control officer, it is best to provide as much detail as possible about the case. Keeping a log book of evidence may help the animal control officer. A log book can be used to document events such as: If the animal control officer does not respond in a reasonable time, keep calling the officer. Law enforcement officers receive a lot of phone calls and requests for their time. By following up, it keeps your previous request for help fresh in the officer’s mind. Animal control officers throughout Michigan have various methods of investigating cases. If an officer responds to your complaint, they usually will perform a search of the property. If a search warrant is necessary, the matter is handed over to another department, such as local law enforcement. If there is a convicted animal abuser in your community, start keeping a log book with any evidence you may see, just like you would do if you were trying to prove that someone was abusing their spouse or children. If you have a specific concern or a general concern about animals in a particular area, write it down. Observing the environmental conditions in the area over a period of time is important, just like it is for addressing human domestic violence. Keep your eyes peeled, take photos of the scene when you can, and give periodic updates to the animal control officer in your area.
How to Protect Animals From Neglect in Michigan
The following is a glossary of protective measures, preventative programs and laws designed to limit animal neglect in Michigan:
· Congressional Bill "Rep. Gary Peters, D-MI, introduced a bill — H.R.4040 — to incorporate needed changes to the Animal Welfare Act to help protect animals who are neglected or abandoned. This bill would amend the federal Animal Welfare Act to provide the same assurance of shelter, food and water to wild animals as the Act provides for pet animals. The bill states, ‘To provide that the Secretary of Agriculture shall ensure that animals in research facilities receive adequate housing, sanitation, nutrition, veterinary care, and proper handling.’ It would require measures to be taken to prohibit the confinement of farm animals who are breeding stock within crates , cages or other forms of enclosures that cannot hold the animals’ full body length. This bill also would bring dogs housed at research facilities under the same laws as pets. "
· Michigan Humane – SPCA-Michigan Humane has been around since 1877. First registered as the Detroit Society for the Prevention of Cruelty to Animals, it was the first humane society established in the state. Its mission is "to end cruel treatment and abuse of animals throughout Michigan, providing leadership and a vision to move us toward a time when all communities respect animals and treat them humanely."
· Michigan Pet Fund (MPF) – A non-profit organization founded in 1991, Michigan Pet Fund’s goal is to enhance the lives of pets and people by keeping pets and people together. They do this by assisting financially in the rehabilitation and placement of animals, through grants and other fund raising activities.
Preventing Against Animal Neglect in Michigan
In Michigan, there is a vast array of organizations and resources dedicated to the prevention of animal neglect and the protection of vulnerable animals. Consider the following:
Michigan Humane – Michigan Humane is the largest animal welfare agency in Michigan. It operates four facilities located in metro Detroit and the upper peninsula. Michigan Humane provides animal cruelty investigations, lost / found services, education, hospital and sheltering services, and rescue and rehabilitation services for animals.
Michigan Department of Agriculture and Rural Development – The Michigan Department of Agriculture plays a key role in the enforcement of laws related to agribusinesses in Michigan. The MDARD has various programs for animal health and protection, animal cruelty, animal euthanasia, and animal testing oversight . These programs implement regulations regarding the health and safety of livestock, poultry, honey bees, and companion animals (i.e. pets) in Michigan.
HSUS – The Humane Society of the United States (HSUS) is a national leader in combating animal cruelty. It aims to protect all animals under its care and advocates for animal policies at the federal, state, and local levels. HSUS also educates communities on the best care practices for animals, as well as investigates and reports animal cruelty issues to the relevant authorities.
ASPCA – The ASPCA is a nonprofit organization that provides services and programs in New York City and nationwide. The ASPCA aims to provide aid to animal shelters, animals kept in abusive conditions, and animals who are in need of medical surgery or property rehoming.