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February 03, 2012 Members Login |
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Arabian Horse Association Stance/Horse Neglect and the LawArabian Horse Association Stance on Neglect Animal Protection According to the Law Animal Law Web Sites The following Article can be found in Chapter Three of the Arabian Horse Association Handbook & Directory: Code of Ethics and Sportsmanship (EPRB). ARTICLE 304.6 Mistreatment and neglect of any Arabian horse is prohibited. Mistreatment includes every act or omission which causes, or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering. Neglect includes failure to provide food, water, protection from the elements, opportunity for exercise, or other care which is normal, usual, or proper for a horse's health and well being. In order for Article 304.6 to be enforced, a formal complaint must be submitted to the Probable Cause Panel (PCP) on the standard form, available from the AHA office. The complaint must be supported by documentation of the alleged mistreatment and/or neglect. The PCP will decide whether to forward the complaint to the Ethical Practice Review Board (EPRB) for a hearing. The EPRB considers neglect complaints on a case by case basis to determine whether there has been a violation of the Article. AHA cannot prevent an individual from owning or keeping horses - that falls under the jurisdiction of law enforcement. However, we can prevent an individual from registering horses. Furthermore, any censure is made public in the magazine. Once a horse or horses have been seized from a property (to initiate seizure, see our "What to Do if I Suspect Neglect" page), authorities have two options: proceed with a civil investigation or a criminal investigation. A civil investigation first includes a hearing to determine if the horse should be returned to the owner or kept by the county or a private organization. If the court decides not to return the animal, there may be another hearing to determine if the horse's condition was actually due to neglect. If this was the case, ownership rights to the horse may be terminated, and the horse will then be turned over to the county or a private organization. The owner may also be required to pay the appropriate agency for the cost of caring for the horse. The county or organization that holds ownership rights can sell the horse once it has been rehabilitated to recoup care expenses. A criminal investigation assumes the neglect of the horse to be a criminal offense, usually a misdemeanor. Consequences for misdemeanors can include a fine, probation or jail time-anywhere from a couple of weeks to a year. In cases of repeated or extreme neglect, the court can mandate a year in jail, but many criminal cases end in a fine and probation. Probation can include the denial of future horse ownership. As in a civil case, the owner may also be ordered to pay for the costs incurred by the county or private organization for care of the neglected horse. The information in this section was taken, in part, from an article that appeared in the Equine Post in 2004. To read the article in full, visit www.equinepost.com For more information about legal issues concerning horses visit the following websites. Animal Law.com International Institute for Animal Law
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