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Ferret Footnotes
Monthly Newsletter of the
Ferret Lovers' Club of Texas
"Socks Returns from the Vet"
SEPTEMBER 1997
ANIMAL CRUELTY
ANIMAL CRUELTY
September Meeting Topic
Thank you to Mr. Ron Smith, Animal Cruelty Control Officer, for bringing us insightful information and commentary. Mr. Smith is a former Peace Officer and Inspector, and is certified in Investigative Public Safety. He currently trains law enforcement officers and other groups about animal code enforcement.
Introduction
Mr. Smith prefaced his talk by pointing out that what he had to say may offend some people because animal cruelty investigations must take place in a legal environment, not in an animal rights environment. In fact, groups such as the Ferret Lovers' Club of Texas should avoid the use of the term "animal rights" because those terms would label us as either being a trouble-making group, or at least a group that is ignorant of the law. Unfortunately, in the state of Texas, animals have no laws of their own, so under the eyes of the law, an animal has no RIGHTS. Investigating animal cruelty must do with existing laws and codes, and not with rights, no matter how much we may not like that fact. Animals are essentially treated as property in the eyes of the law. However, there are several related laws and codes that can help stop animal cruelty.
Laws and Codes
Animal cruelty is classified as a crime in the state of Texas, which can be a misdemeanor punishable by fine and/or jail. The primary law that can be used to punish this crime exist in Texas Penal Code 4209 (exotics) and on a secondary level, issues in Texas Penal Code 4210 (dog fighting). An experienced officer can also work with other codes into a sentencing to make the times served and fines paid more severe. For example, an Animal Cruelty Investigative Officer knows that animal abuse is likely to be related to child abuse (in fact, most or all serial killers were animal abusers).
Four Elements of a Crime
To commit the crime of animal cruelty in the state of Texas, at least one of four elements of a crime must be committed. According to Texas Penal Code 4209, a person must "knowingly and intentionally" fail to provide:
- Food
- Water
- Shelter
- Reasonable Care
If a person knowingly and intentionally does any of the above four, it is a crime (misdemeanor) punishable up to $4000 and one year in jail. Under Reasonable Care, a crime has also been committed if a person:
- tortures
- abandons
- exports and/or confines
- kills or injures or poisons
- fights (causing them to)
- engages in live coursing
- Trips horses
- has earnings for animal fighting - even property owner could go to jail
- intentionally trains an animal for fighting purposes
In addition, if a person tries to tamper with and hide evidence of any crime, the charges are raised to a third degree felony with 5-10 years in jail. So if in an animal cruelty case, carcasses are hidden, burned, or otherwise disposed of, and this can be proven by the inspecting officer, a felony has taken place.
Interpreting the Law
The key words in forming the elements of a crime are the words "knowingly and intentionally." Ignorance does not constitute animal abuse in the eyes of the law. Most of what FLC-TX gets complaints about is because owners, breeders, and resellers are not educated about ferret care. So if they are ignorant, they are not committing a crime. The enforcement side of animal cruelty is very "black and white" and can have nothing to do with love of an animal. Further, the terms "food," "water," and "reasonable care" are not defined in this law at all. So a person is not, according to the law, guilty of animal cruelty if they give their ferret dirty water, keep the ferret outside in hot conditions, don't give them any shots, and feed them low-quality dog food, even if they have been educated and know better. The definition for reasonable care is subjective, so as long as a person feeds, waters, and shelters their animal, they are in compliance with the law. The law does have some stipulations for shelter however: domestic animals (such as a dog) must be provided shelter with a solid roof, three solid sides, and a solid floor. Horses must be provided shelter with a roof and three sides. So those ferret owners who are keeping a ferret outside without a roof, 3 sides, and a floor, are not in compliance with the law. The fact that ferrets should not be housed outside in the first place is not defined within the shelter law. Apartment dwellers who move and leave their ferret behind might be prosecuted under the "abandonment" clause, but abandonment is difficult to prove unless witnessed.
Inspections and Enforcement
Animal cruelty cases are hard because each one is unique and test the ability of the officer's knowledge. Also, the mind set of most police is that they don't care as much for animal cruelty cases because they don't want to have to remember all the specifics of the codes and laws. Additionally, animal cruelty cases often involve lengthy investigations and are quite expensive. Finally, animal cruelty cases are seen as far less important than crimes involving human beings, such as homicides.
So how can an Animal Cruelty Officer inspect and make charges or changes? First, if anything having to do with the law is in question, a person is given 10 days to comply (in most cases). In severe cases (such as lack of water) a person may have to comply instantly, or within 24 hours (such as lack of food). An Officer can also use "creative intimidation" and discuss all the possible fines and punishments while encouraging a person to take better care of their animals. An officer must have knowledge of both civil and criminal issues to discuss with the potential offender; often this prompts the person to divulge more information that could be used against them. A main goal would be for the potential offender to sign a compliance document that promises to take care of certain items within a time frame. Once this document is signed, it becomes an element of contract law. A compliance form is usually written by a veterinarian for a six-month term. This document is tremendously effective in educating a person in what "reasonable care" is, and the person is also strongly encouraged to follow the compliance document because if they don't, they will pay consequences. If a case goes to court, the American Zoological Society may be used as a reference of what defines reasonable care for a ferret. A letter from a veterinarian is not sufficient, because another vet can always be found who will say the opposite. The Ferret Lovers' Club of Texas has some minimal compliance situations written in the bylaws, and will continue to work on inspection forms for shelters, breeders, and resellers. Our goal is to be used as a reference source for compliance documents.
A Word on Rabies
Texas is considered a "rabies epidemic" state. There are no LAWS protecting ferrets dealing with rabies, only guidelines set forth by the Texas Department of Health. Because of the rabies problems we have had in Texas, a potential rabies case would not be treated lightly. First, if a child is bitten above the shoulder by ANY animal, the animal will be immediately euthanized and tested. The average Texas judge will not see a ferret as being a domesticated animal, and will likely recommend euthanasia and testing in a bite/scratch case instead of the usual 6-month quarantine for dogs and cats. Furthermore, local ordinances can mandate kill-and-test on ferrets, even if dogs and cats are quarantined, because city laws can always be more stringent than state or federal laws.
The Politics of Animal Cruelty
Different geographic areas place different emphases on animal cruelty cases. In general, judges in Tarrant County do nothing to enforce or punish. Again, crimes involving people usually take precedence over animal cases. Additionally, the few Animal Cruelty Officers are very overworked.
Mr. Smith identified several contacts: Reed Young of Tarrant County Humane Society of North TX; Bobby French of Dallas County with the SPCA; in Fort Worth Jay Sabatucci 817-871-7345; in Grand Prairie Freddie Sanderson (director of Animal Control), and in Grapevine Lawrence Hopkins.
What Can FLC-TX Do?
First, it is important to make a "pre-emptive contacts" and forge a relationship with area Animal Cruelty Officers before a case comes up. We should call on each of the contacts above and see exactly what they would like us to do to help. We should go ahead slowly and subtly and not expect quick reactions because these folks are very busy.
Second, we should continue work on a compliance document for "reasonable care." If we would like to issue this compliance document to an owner, breeder, or reseller, we should hand-carry the information, and there should be at least two people present, preferably club officers. The information should be explained, the reactions recorded, and offers of assistance made. Care should be taken, because people accused of animal cruelty and abuse are going to be extremely offended.
Third, we must recognize that some cases are impossible to change, and we should then just go on to others. In some cases (an example was given about an Arlington Pet Store), there is nothing to do because the ferrets are property, and no law has been broken. So forget about it and move along to what can be fixed with educational efforts.
Finally, keep on working on a city by city change to rabies quarantine issues and other ordinances that would deal with ferrets. Education of city councils and animal control officers on a city by city basis is our best means of improving the lot of life for ferrets.
BOOK REVIEW: Nosin' 'Round with Peekie Petie
Author: Helena Chung-Hawks. Illustrator: GaNeille Posey
Publisher: Legendary Publishing Company, Boise, Idaho
Retail Price: $7.95, 36 pages, softcover. For children 2-8.
This delightful piece of children's literature covers the story of Peekie Petie, a silver-mitt German ferret. It is told from Petie's viewpoint: growing up in Europe, and making friends with other animals and other family members. The story introduces aspects of everyday ferret life, including digging, exploring, bath time, and playing. In the book, Petie grows up in Germany, and then takes a plane trip across the ocean to his new home in Colorado Springs, CO. More Peekie Petie stories are promised to follow! The pen and ink illustrations could also be suitable for coloring, and the book would also be a good "read aloud" story for bedtime.
This book will be available for sale at the Ferret Olympics, so pick up your copy!
SEPTEMBER MEETING MINUTES
ZuPreem Ferret Food Testing
ZuPreem, makers of exotics chows, has been working on a ferret food formulation and club members were asked to take home a 1.75 pound bag of test food (per ferret) to check for palatability, stool consistency, and other items (a questionnaire with a business-reply envelope was provided with each bag of food).
The food ingredients appear to be quite good: Poultry by-product meal, animal fat, chicken meal, wheat flour, beet pulp, liver meal, dried animal digest, eggs, brewer's yeast, added taurine, vitamins and minerals, and ethoxyquin. The guaranteed analysis is 40% protein, 18% fat, and 2% fiber. This is a little higher and protein and slightly lower in fat than some ferret foods. The debate rages on about using ethoxyquin as a preservative, because not using it also lets fats go rancid faster, and rancid fats are potential carcinogens just like chemical preservatives are.
There are already a few potential problems with the food. First, it is a round pellet, which is not a preferred chewing shape for ferrets, and can get lodged in the roof of their mouth. Second, the manufacturer recommends controlled, rather than free-choice feeding, which could be very dangerous for your ferret. Always have food available for your ferret 24 hours per day.
December 6-7: Avian Exotics Fair in San Antonio
FLC-TX has been invited to set up a booth at this Expo to hand out literature, talk to interested people, and so on. Chris Snoberger and Blanca Martinez have volunteered to go down, but we need more people to provide adequate booth coverage for the 2 days.
October 14: Dr. Bruce Williams speaks in San Antonio
You must be sponsored by a veterinarian to attend this event. For more information contact Patricia Curtis.
Inspections
Debra Thomason will be performing some September inspections. Items to consider for the inspection list are: water, food, litter used, solid-bottom cages, ferrets housed indoors, or if ever outdoors given heartworm medication, bowls, toys, poop, emergency care, available veterinarians, health, medications used and expiration dates, available time to take care of ferrets, available human backup, play areas, ferret proofing, ferrets per cage, insects, parasites, treats, etc.
SPCA
Mia Jelinek asked to coordinate our efforts to help put together a manual or coordinate efforts with the SPCA. She has been given brochures, handbooks, and other ferret info and we have volunteered to perform training sessions when necessary.
Ferret Olympics
Dr. Murray and Dr. Harris will be our attending veterinarians, who may be assisted by veterinary students from Texas A&M. Volunteers need to arrive around noon to help set up. Vendors need to be set up by 1:00, and the show starts at 2:00. Remember to bring all vaccination records for all ferrets coming in the door!
WELCOME NEW MEMBERS!
A big Welcome to new members for the month of SEPTEMBER:
Dr. Melissa Chaple, DVM, Hillside Veterinary Clinic (Dallas, TX)
Mia Jelinek (Dallas, TX) owned by Weezer, Oreo, Kaio, Berret, and Kit
Robin and Norris Langley (Fort Worth, TX) owned by Molly, Mousling, and the Big-Toothed-Guy
Scott Smith (Plano, TX) owned by Casper and Wendy
Becky Tomlinson (Burleson, TX) owned by Li'l Bit, Darla, and Butch
Roger and Ellie W. owned by Sophia, Lucia, Victoria, Leonardo, and Theodore
FERRET OF THE MONTH COVER PHOTO
Socks, a 4 year old MF male, recently underwent adrenal surgery to remove his left adrenal and a large tumor. Socks experienced no fur loss; only severe itching and slight aggressiveness toward females. Please have your older ferrets checked! Early diagnosis saves lives.
Would you like your ferret to be featured as a cover photo? Or published in the new handbook? Send photographs to the editor (see page 2), and with a SASE, they will be returned. Be sure to identify the ferret, include any information, and mark the photo with your name and address.
FERRETS FIRST RESCUE AND SHELTER (FFRS) NEEDS YOUR SUPPORT!
Due to increased educational efforts, publicity, and cooperation from area animal controls and humane societies, the FFRS shelter is about to reach its maximum capacity of 100 ferrets. All the incoming ferrets need vaccinations, and most need additional medical care; often surgery is needed because adrenal tumors are common. There are several ferrets who will become permanent shelter residents as they have so many specialized medical needs that they are not adoptable. These ferrets need sponsors who are willing to make monthly donations to help cover their care. Other ferrets need to go to a good home. If you wish to make a donation, become a sponsor, or request an adoption application packet, please contact shelter director Patricia Curtis (817) 596-0558.
Here is just a sample of newcomers to the shelter. Full profiles and history are available from Patricia.
Weasel: Light sable MF female, age 4. Needs vaccination and adrenal surgery. Teenage owner went off to college.
Daisy and Huck. Daisy is a 5 yo MF red-eyed white female, and her companion Huck is about 4 and is a red-eyed MF white male. Needs a good home willing to take on a pair of older ferrets, or sponsors.
Choco: Dark sable MF male, about one year old. Abandoned outdoors by former owners. Has received medical treatment for mites and has had adrenal surgery. Choco has food allergies, and requires occasional medication. Choco needs a special home or a sponsor.
Asher and Stanley. Asher is a 2 yo sable MF male, and Stanley is a roan silver mitt MF male. Both are current on vaccinations and are ready to go home with the right owner. Could be adopted with Baby.
Sneakers and Friend. Sneakers and his friend are 1 yo sable MF males whose owners moved to California. The pair is ready to adopt, and could also be adopted with Baby.
Baby is a sable MF male, about age 1, who is very smart and curious. He is current on vaccinations and would love to be adopted with Asher/Stanley or Sneakers/Friend.
Cosmo is a silver male about age 1, with no tattoos. He needs vaccinations, and then is ready to go home with someone.
Ferret is a medium sable MF male about age 1, who needs to be adopted with a buddy or go to a home with ferrets to be friends with. He needs vaccinations.
Sammy and Bandy. Sammy is a light sable MF male, and Bandy is a dark sable MF female, both 2-3 years old. Both need vaccinations and are then ready to adopt.
Henry: A light sable roan MF male, about age 1, abused and abandoned. Trish is working on his fear and biting problems and will not adopt him until he has conquered these problems. He needs vaccinations and may need a sponsor.
Chomp: A dark sable male, about age 5, no tattoos. He is a whole male who needs neutering, as well as a vaccination series. Chomp needs a sponsor.
Snowball is a problem ferret who needs a sponsor. He is a deaf 2 year old silver male. He has an unusual, non-MF tattoo.
Pudhead is a silver blaze male, about age 1, with no tattoo. He is deaf, and needs vaccinations. Trish just had him neutered.
Cosmo and Matise. Cosmo is a sable roan MF male, and Matise is a red-eyed white MF male, both about age 3. They are ready to adopt.
Cendy and Lucy: Cendy is a dark sable MF female, 4 yo, and Lucy is a medium sable female, about 2 yo. Both are current on vaccinations and ready to adopt.
Canelle and Ally: Canelle is a dark sable female, 3.5 yo, and Ally is a dark sable female, about 5. Both are MF and are current on vaccinations with no known health problems. They need a home.
No Name Yet: Female sable, about age 1. No tattoos, spayed. Had to be purchased for $80 to "rescue" her from deplorable conditions. Donations needed to cover this purchase price. Needs vaccinations.
There are so MANY more....Please help if you can.
FLC-TX PUBLIC RELATIONS EFFORTS
"Around Arlington" - TCI Cable of Arlington (Local Access Channel 13)
The Ferret Lovers' Club of Texas was featured on the weekly show "Around Arlington" on local Arlington Access TCI Cable Channel 13. The program aired twice on Thursday, September 11. The 15-minute segment featured host Cheryl Nason interviewing FLC-TX president Erika Matulich and FLC-TX treasurer and information officer Michael Runyon. Featured ferrets were Tigger (a shelter foster), Zeus, and Smokey. Little Bear proved uncooperative, so was only featured in her carrier. Ms. Nason spent the entire show holding Tigger, who just happens to be an uncharacteristically non-squirmy ferret. Interview topics covered ferret domesticity, ferrets as a pet, deaf ferrets (with Zeus' blaze prominently featured), club activities, ferret shelters, and other topics, but the focus was on the upcoming Ferret Olympics! This was wonderful publicity that has already resulted in calls to the club hotline and the shelter. TCI will also be posting the Ferret Olympics information on its Channel 13 Community Events Bulletin Board AND will be shooting video at the Ferret Olympics for a followup!
"Really Crilley" - Fox 4 News with Jeff Crilley
As this issue of Ferret Footnotes goes to press, shooting is taking place for the "Ferret Olympics Pretrials" to be featured on Fox 4 news on the "Really Crilley" segment at 6:00 on Wednesday, October 1. Several events included are the weasel war dance, paper sack escape, cup tip, and so on. The shoot will be completed with a ferret referee, a ferret flag bearer, and Olympics-theme music. This will be great publicity for the Ferret Olympics, and we expect to see record crowds!
TEMPO Magazine (UTA Publication)
As this issue of Ferret Footnotes goes to press, the club is being interviewed for an upcoming article in TEMPO magazine, a campus publication of the University of Texas at Arlington. Gary Dowell, reporter for the magazine, will be interviewing club officers and Trish Curtis, director of the Ferrets First Rescue and Shelter. Photographers from the magazine, along with reported Gary Dowell, will also be at the Ferret Olympics on October 4.
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