1672

(a) When transporting or conveying an animal under such conditions or in such a manner or position so as to inflict unnecessary suffering on the animal, under conditions that do not allow for proper ventilation, light or shelter, under which the animal is exposed to excessive heat and cold, bad weather, sun or rain, or without taking the necessary precautions in order for said animal to have enough food and water and proper rest, the person responsible for transporting said animal shall be guilty of a misdemeanor that entails the imposition of a fine of up to five thousand dollars ($5,000) or punishment by imprisonment for up to six (6) months.\n(b) When the animal thus transported sustains an injury for not being properly transported, the crime shall constitute a fourth-degree felony.\n(1) If upon conviction, the accused qualifies and avails him/herself of serving time or of any alternative method other than jail imprisonment, the punishment shall entail a mandatory fine ranging from one thousand [dollars] ($1,000) to three thousand dollars ($3,000).\nHistory —Aug. 4, 2008, No. 154, § 2.9.