Reptile & Amphibian Forums

Hi,
This may or may not be the right forum for this topic, either way, I hope someone responds. I was just wondering if the is a law or something that says "you must care for this animal in a proper manner, or it is considered animal cruelty"? I was just wondering, because there is a pet store around here that is just awful. They not only give improper care to a number of their reptiles, but most of their animals are in bad condition. You can tell most of the cats and dogs have worms. The place ALWAYS smells like urine and feces. Many of their reptiles are in very bad conditions. Large chameleons in aquariums with out climbing space, as well as SAND in the bottom of the aquarium(Which is a BIG chameleon no no). I saw a six foot caimen in a disgusting tub that was growing algae. THe caimen actually had algae growing on it and had wounds on its head. THese are just a few examples of what I am talking about. I just want to do something about it. Oh, stupid question, but can I make like a citizens arrest or something? Is there some agency or something I can contact to inspect them or something? By the way, I live in Oregon, if that matters. THanks for your help, jrbl

Personally, I wouldn't approach the authorities first (and much less the media). I'd go in myself with a camera and start taking pictures of everything I see. Naturally, this is going to attract some attention from the employees. Explain to them, and preferably the manager, that you plan on submitting your photos to the local law enforcement agency but you will reconsider if you come back next week and the problems are solved.

If you come back in a week and everything's improved, chalk it up as a testament to the power of one voice to make a difference. If nothing's changed, make good your promise.
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Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

as to calling an agency...look at the other animals care of this pet store. It would be a lot easier to get the local authorities out on the " cute " animals and then the reptiles included. I would agree though that this be would be the third or so attempt to cause an awareness to the pet store lack of keeping/care of animals for sale. I mean they do have other animals ? When I see aninmals in pet stores lacking care, it's ALL of the animals normally. Try as the other poster wrote as to voice your dismay. Then if you have an reptile club/society around locally, this really helps. Bring in a video camera and tell them that you are there just to film the animals for a school presentation ( I don't know any pet store that has yet to not allow non-news cameras in thier store thinking it might be a free advertisment ) and after you put the camera away tell them your plans. I bet this will JUMP thier attention !

Chambo

Oregon

OR. REV. STAT. §§ 167.310 et seq. -- last amended 1985

Definition of Animal: Any nonhuman mammal, bird, reptile, amphibian or fish.

Statute Summary: A person commits the crime of cruelty to animals if the person:

Intentionally, knowingly or recklessly causes physical injury to an animal;
Intentionally, knowingly or recklessly causes serious physical injury to an animal; or cruelly causes the death of an animal; maliciously kills an animal; or intentionally or knowingly tortures an animal; intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person's custody; intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person's custody, and such failure results in serious physical injury or death to the animal; intentionally, knowingly, recklessly or with criminal negligence leaves an animal without providing for its continued care.

Animal abuse in the second degree.
Class B Misdemeanor.
Fine up to $2000.
Imprisonment up to 6 months.
Animal abuse in the first degree.
Class A Misdemeanor.
Fine up to $5000.
Imprisonment up to 1 year.
Aggravated animal abuse in the first degree.
Class C Felony.
Fine up to $100,000.
Imprisonment up to 5 years.
Animal neglect in the second degree.
Class B Misdemeanor.
Fine up to $2000.
Imprisonment up to 6 months.
Animal neglect in the first degree.
Class A Misdemeanor.
Fine up to $5000.
Imprisonment up to 1 year.
Animal abandonment
Class C Misdemeanor.
Fine up to $1000.
Imprisonment up to 30 days.
Forfeiture of Animal/Seizure: Both

Other Sentencing Provisions: Animal cruelty prevention program, cost of care, counseling.

Exemptions: Farming, hunting, research, rodeos, veterinary care, commercially grown poultry,.

The law makes a point that they must be KNOWINGLY providing inadequate care. Therefore, you must prove that they know better.

So, as Chris said, go in with a camera - but be as quiet and sneaky as possible. Try not to attract attention to yourself, as if you do, they may likely "throw you out" and tell you never to return. Then you'll have no opportunity to see things through. If possible, go in at two or more times, a few weeks apart, so that you can show that these problems are not "one time" issues.

After you've documented the problems, go back to the store with the pictures, and with caresheets and suggestions for improving the conditions. Be sure that you've got caresheets that are from acceptable sources, not just "Bubba Joe's Corn Snake care sheet". Most of the ones from Kingsnake or Melissa Kaplan's site should be good enough. Request to meet with the manager or owner. Remember, you'll "catch more flies with honey than vinegar". Offer to volunteer to help them in the process of improving. Try to be non-judgemental, non-accusatory, and you're more likely to get heard. Show them the pictures you've taken, and try to show them pictures of what the cages SHOULD be like. Offer them resources such as Kingsnake, or Melissa's site, and try to offer yourself as a "coach", not a "judge".

If none of these efforts work, THEN you contact your local authorities with the complaints and the pictures. They may or may not decide to pursure it. If that happens, be prepared to go public. Contact the local media. Take out an advertisement in the local paper, or get someone from the local paper to write a story about the problem. Play on the sympathies that "these poor animals no one cares about are being neglected at the place that is supposed to know better". Get with some other herpers and make pickets to carry in front of the store - but make sure you're on the legally designated "public zone", not on "private property." As long as you're not breaking any laws, there's nothing they can do about this.

Ultimately, if the local authorities won't press charges, there's not much else you can do. I usually find, though, that approaching the store with a positive attempt to "help" works, though, and I wish the same for you.

Good luck!
VA Reptile Rescue

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Bonnie Keller
VA Reptile Rescue
www.vareptilerescue.org