Attorney General Opinions
Relating to County Government
2007 Animal Control
- Cruelty to animals is a Class A misdemeanor, and a second or subsequent violation is a Class E felony. The term “animals” includes both livestock and non-livestock animals. Any person is authorized under T.C.A. § 39-14-207 to enter any place where an animal is impounded or confined without necessary food and water for 12 successive hours, to provide food and water as often as necessary; there is no liability for such entry, and the person can recover from the owner or keeper the reasonable cost of food and water. This provision applies to both livestock and non-livestock animals, but in the case of livestock the animal must be evaluated, either prior to or at the same time as entry on the property, by the county agricultural extension agent, a graduate of an accredited veterinary school specializing in livestock or a graduate of an accredited college of agriculture specializing in livestock. An animal which is “at large” and is injured, suffering from the elements, or malnourished needs no examination before aid can be rendered. The powers of various agencies with regard to working with victimized animals is set out in T.C.A. § 39-14-210. Duly-appointed agents of government-funded animal control agencies, privately-funded humane societies, and law enforcement officers, including sheriffs and sheriff’s deputies, may carry out the provisions of T.C.A. § 39-14-210 with regard to non-livestock, but only law enforcement officers can carry out these provisions with regard to livestock animals. Any state or local law enforcement officer, including sheriffs and their deputies, may make arrests for violations of T.C.A. § 39-14-202, which sets out offenses and penalties involving animal cruelty, for both livestock and non-livestock animals. Agents of societies for the prevention of animal cruelty may enforce animal cruelty laws only for non-livestock animals. Opinion No. 07-11 (January 31, 2007).
Return to all Attorney General Opinions Relating to Animal Control