In cold weather, defining animal cruelty not as easy as it seems

Published 9:00 am Friday, February 12, 2016

With temperatures in many parts of the country hovering at or below freezing, animal lovers are drawing attention to the plight of pets being left outside.

In Indiana, where low temperatures plunged to single digits this week, local law enforcement officials note an uptick in calls reporting animals left outside or in other situations of neglect.

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Madison County Sheriff Scott Mellinger told the Anderson (Indiana) Herald Bulletin that his department received at least one call a day during December reporting animals — usually dogs — left outside or in other situations of neglect.

But the question of what can — or should — be done to ensure their safety isn’t an easy one to answer. While animal neglect is a misdemeanor in all 50 states, only a handful have weather-specific guidelines built into their state codes.

“Municipalities are going to have different ordinances than what you’ll see in state laws,” says Erin Huang, the Humane Society’s Indiana state director. “Certainly we have some work that can be done on our state animal cruelty laws. There are some provisions on hot and cold weather, but clarification could be helpful for law enforcement officers.”

Mellinger said officers in his department have responded to calls about dogs of certain breeds being outside that are actually comfortable in colder temperatures.

“Several people called last winter about a Siberian husky who was left out in 20 degrees below zero temperatures,” Mellinger said. “He had a shelter and water inside the shelter. That (breed of) dog is OK up to 40 to 50 below, so, no violation.”

Huskies and other breeds with thicker coats — including German shepherds — often prefer to be outside in the winter, which makes enforcement of state and local ordinances more subjective.

But when temperatures drop below freezing, issues can arise that aren’t related to the pet’s body temperature. Water, if it’s not placed in a heated bowl, can freeze, leading to dehydration.

Some local ordinances are also vaguely written, which also can create enforcement issues. For example, Anderson, Indiana has an animal protection ordinance that doesn’t specifically define what a shelter is, leaving interpretation to the reporting officer.

“Someone who is not an animal lover can go to a place that just has a board leaning up against a fence and say it’s a shelter,” said Maleah Stringer, executive director of the city’s Animal Protection League.

Stringer said it is important for people to call authorities when they see potential neglect, but to also use thoughtful discretion.

“People should call when they see animals in danger, but also they do not need to call because the dog has been out for an hour,” she said.

The Anderson (Indiana) Herald Bulletin contributed to this story.