3-1312. Transporting equine in a cruel manner; violation; classification; definitions

A. A person shall not transport or cause or allow to be transported to a slaughtering establishment any equine in or on any vehicle with more than one level or tier.

B. The animal cargo space of vehicles used for the transportation of equines to slaughtering establishments must:

1. Be designed, constructed and maintained in a manner that at all times protects the health and well-being of any equine being transported.

2. Segregate any aggressive equine from the other equines in or on the vehicle.

3. Have sufficient interior height to allow each equine to stand with its head extended to the fullest normal postural height.

4. Be equipped with doors and ramps of sufficient size to provide for safe loading and unloading of any equine.

C. Before the transportation of any equine to a slaughtering establishment, the owner or shipper must:

1. For a period of not less than six consecutive hours immediately before any equine is loaded on the vehicle, provide each equine appropriate food, potable water and the opportunity to rest.

2. Load each equine on the vehicle so that:

(a) Each equine has enough floor space to ensure that no equine is crowded in a way likely to cause injury or discomfort.

(b) Any aggressive equine cannot come into contact with any other equine in or on the vehicle.

D. During transit to the slaughtering establishment, the owner or shipper must:

1. Drive in a manner to avoid causing injury to the equines.

2. Observe the equines as frequently as circumstances allow, but not less than once every six hours, to check the physical condition of the equines and ensure that all requirements of this section are being followed. The owner or shipper must obtain veterinary assistance as soon as practical for any equine in obvious physical distress. Any equine that becomes nonambulatory during transit must be euthanized as soon as practical.

3. Offload from the vehicle any equine that has been in or on the vehicle for twenty-eight consecutive hours and provide the equine appropriate food, potable water and the opportunity to rest for at least five consecutive hours.

4. Transport all equines to a slaughtering establishment as expeditiously and carefully as possible in a manner that does not cause unnecessary discomfort, stress, physical harm or trauma. Electric prods shall not be used on equines for any purpose while transporting the equines to a slaughtering establishment, including while loading or unloading the vehicle, except when human safety is threatened.

E. Transporting one equine in violation of this section is a class 3 misdemeanor. A subsequent violation under this subsection is a class 2 misdemeanor.

F. Transporting two or more equine in violation of this section is a class 2 misdemeanor. A subsequent violation under this subsection is a class 1 misdemeanor.

G. For the purposes of this section:

1. " Slaughtering establishment" has the same meaning prescribed in section 3-2001.

2. " Vehicle" has the same meaning prescribed in section 28-101.