2015 North Dakota Century Code Title 36 Livestock Chapter 36-21 General Provisions
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CHAPTER 36-21
GENERAL PROVISIONS
36-21-01. Regulations governing fraudulent registration of purebred livestock Penalty.
Any person who shall:
1. Fraudulently represent any animal to be purebred;
2. Post or publish, or cause to be posted or published, any false pedigree or certificate;
3. Procure by fraud, false pretense, or misrepresentation the registration of any animal
which is to be used for service, sale, or exchange in this state for the purpose of
deception as to the pedigree thereof;
4. Sell or otherwise dispose of any animal as a purebred when the person knows or has
reason to believe that the animal is not the offspring of a regularly registered purebred
sire and dam; or
5. Sell or otherwise dispose of any animal as a registered purebred by the use of a false
pedigree or certificate of registration,
is guilty of a class B misdemeanor.
36-21-02. Abuse of animals prohibited - Penalty.
Repealed by S.L. 1971, ch. 341, § 12.
36-21-03. Lien for caring for abused animal - Priority - Where prior lien of record
exists.
Repealed by S.L. 1971, ch. 341, § 12.
36-21-04. Unlawful killing or selling of livestock - Penalty.
Repealed by S.L. 1975, ch. 106, § 673.
36-21-05. Skinning dead livestock - Restrictions governing.
No person other than the owner or the owner's agent or employee may skin, or remove the
skin, hide, or pelt from the carcass of any neat cattle, swine, or sheep found dead, except when
such animal is killed by a railroad train, in which case the employees of the railroad may remove
the hide from such animal.
36-21-06. Maiming or torturing animals - Misdemeanor.
Repealed by S.L. 1971, ch. 341, § 12.
36-21-07. Keeping houses or pits for fighting animals - Encouraging or promoting
fights between animals - Misdemeanor.
Repealed by S.L. 1971, ch. 341, § 12.
36-21-08. Instigating or promoting fights between animals - Misdemeanor.
Repealed by S.L. 1971, ch. 341, § 12.
36-21-09. Officer's duty to arrest person instigating or promoting fights between
animals.
Repealed by S.L. 1971, ch. 341, § 12.
36-21-10. Dogs, wolves, and coyotes worrying livestock or poultry may be killed.
Any person may kill any dog, wolf, or coyote kept as a domestic animal:
1. When the person sees such animal in the act of killing, chasing, worrying, or damaging
any livestock or poultry; or
2. When the person discovers such animal under circumstances which satisfactorily
show that recently it has been engaged in killing or chasing sheep.
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A person who kills any dog, wolf, or coyote under conditions specified in this section is not liable
in any civil action to the owner of such animal.
36-21-11. Owners of dogs liable for damages done to livestock - Procedure when
damages done by pack of dogs.
The owner of any dog which kills, wounds, or chases any sheep or other domestic animal or
poultry belonging to another person is liable to such other person for all damages caused
thereby. If one or more of several dogs which are owned by different persons participates in the
killing, wounding, or chasing of sheep or other domestic animals or poultry while running
together, the owners of the respective dogs so running together may be sued jointly, and a joint
verdict and judgment may be rendered against the owners of such dogs. If one or more of the
defendants pays such a joint judgment, the payor or payors may have contribution from the
defendants who have not paid in an appropriate action in which the respective damages
committed by the several dogs running together may be prorated. No exemption is allowed to
any person against whom a judgment is entered under the provisions of this section.
36-21-12. Killing of livestock by railroad is prima facie evidence of negligence.
The killing or damaging of any livestock by a railroad car or locomotive is prima facie
evidence of carelessness and negligence on the part of the railway company or corporation.
36-21-13. Exemplary damages for wrongful injuries to domestic animals.
Exemplary damages may be given to the owner of any animal for any wrongful injury
thereto when such injury is committed willfully or by gross negligence.
36-21-14. Licensing of weighmen - Fees.
Repealed by S.L. 1991, ch. 375, § 1.
36-21-15. Sale of livestock by weight.
All livestock sold by weight at any public market must be sold subject to weight at the place
of sale on the day sold by the auctioneer.
36-21-16. Licensing - Duration - Renewals - Refusal - Revocation or suspension.
Repealed by S.L. 1991, ch. 375, § 1.
36-21-17. False weighing.
Repealed by S.L. 1991, ch. 375, § 1.
36-21-18. Title to property to remain in market until settlement made.
Before any person, association, copartnership, firm, corporation, or limited liability company
may become a purchaser at any sale conducted by an auction market established under the
laws of this state, such prospective purchaser must file satisfactory evidence with the operator
of such auction market that any check, draft, or bill of exchange issued and delivered to such
auction market in payment of any livestock purchased shall be honored by the drawee bank at
the time of presentation for payment, and until such check, draft, or other bill of exchange has
been duly honored and paid, the title to the livestock so purchased is in the auction market
making such sale.
36-21-19. Equine processing assessment - Continuing appropriation - Provision of
grants.
1. For each equine processed at an equine processing facility in this state, the owner of
the facility shall submit to the agriculture commissioner, at the time and in the manner
directed by the commissioner, an assessment in the amount of five dollars. The
commissioner shall forward the assessment to the state treasurer for deposit in the
equine processing fund.
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2.
All moneys in the equine processing fund are appropriated on a continuing basis to the
agriculture commissioner to be used as follows:
a. The agriculture commissioner shall return to the state general fund the fifty
thousand dollars appropriated to the department of commerce for the equine
processing facility feasibility study.
b. Upon completion of the requirement set forth in subdivision a, the commissioner
shall:
(1) Provide an annual grant equaling forty percent of any assessments
collected to Dickinson state university in support of the equine management
program;
(2) Provide an annual grant equaling forty percent of any assessments
collected to North Dakota state university in support of the equine studies
program; and
(3) Provide an annual grant equaling twenty percent of any assessments
collected to public or private entities conducting equine research or offering
hippotherapy to individuals with disabilities.
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