1.    In addition to any other requirements set forth in this chapter, a person placing a caged animal on public display shall ensure that:

Attorney's Note

Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 360 daysup to $3,000
For details, see § 12.1-32-01

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Terms Used In North Dakota Code 36-21.2-11

  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    The size of the cage allows the animal to stand up, lie down, and turn or move about; and

b.    The cage provides the animal with protection from the elements, as appropriate for the species, the breed, and the animal’s age and physical condition.

2.    Any person that willfully fails to meet the requirements of this section is guilty of a class A misdemeanor.

3.    This section does not apply to:

a.    The North Dakota state fair association; b.    Agricultural fair associations; or c.    Political subdivisions.

4.    The following do not constitute violations of this section:

a.    Any usual and customary practice in:

(1) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry; (2) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals; (3) The sport of rodeo;     (4) Animal racing; (5) The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. § 2131, et seq.; (6) Fishing, hunting, and trapping; (7) Wildlife management; (8) The culinary arts; (9) Lawful research and educational activities; and

(10) Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property; b.    Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock; c.    The humane or swift destruction of an animal for cause; and

d.    Services provided by or under the direction of a licensed veterinarian.