Major League
Baseball
Notebook: Calderon is laid to rest
By Manuel Ernesto
Rivera
The Associated Press
Sheriff's investigators are proceeding cautiously before requesting any
arrest warrants in connection with the illegal activity they discovered early
Saturday at a residence in the 2200 block of 54th Street.
"We had to research the law," Allegan County Sheriff's
Detective Morgan Sullivan said Tuesday. "We had officers there with 25 years
experience on down, and nobody can recall being involved in a cockfighting
crime."
Seized during the raid were an undisclosed amount of cash, cockfighting
videos, fighting paraphernalia, an unregistered pistol and 21 birds trained as
fighting cocks.
Fourteen dead birds were discovered as well, police said, which had
apparently died from injuries sustained in fights.
Sullivan said the birds were "modified" in that their spurs had been removed
and covered with bandages. Also taken were "fighting instruments," typically
razors that are attached to the bird's leg in the spot where the spur was
located.
Cockfight organizers frequently modify the birds this way so that they can
inflict greater damage on an opposing bird, according to animal protection
organizations.
In November, Congress enacted a law that bans the interstate transportation
of animals trained for fighting, requiring them to be raised and trained in the
state where the activity is legal. In the U.S., cockfighting is legal only in
New Mexico and Louisiana.
Agents from the federal Drug Enforcement Administration on Friday tipped off
the Allegan sheriff's office that a cockfight may be going on at the Clyde
Township residence and that participants from Illinois and Indiana were present.
Sheriff deputies began watching the residence Friday evening and made their
raid early Saturday morning.
In addition to the items seized after a warrant was obtained, deputies found
30 to 40 vehicles at the residence with Indiana and Illinois plates.
Deputies made traffic stops on those that were leaving the residence and from
that information, obtained a warrant to search the residence. Source: http://www.hollandsentinel.com/stories/123103/loc_123103012.shtml Sec. 49.
(1) As used in this section, “animal” means a vertebrate other
than a human. (2) A person shall not knowingly do any of the following:
(a) Own, possess, use, buy, sell, offer to buy or sell, import,
or export an animal for fighting or baiting, or as a target to be shot at as a
test of skill in marksmanship. (b) Be a party to or cause the fighting, baiting, or shooting
of an animal as described in subdivision (a). (c) Rent or otherwise obtain the use of a building, shed, room,
yard, ground, or premises for fighting, baiting, or shooting an animal as
described in subdivision (a). (d) Permit the use of a building, shed, room, yard, ground, or
premises belonging to him or her or under his or her control for any of the
purposes described in this section. (e) Organize, promote, or collect money for the fighting,
baiting, or shooting of an animal as described in subdivisions (a) to (d). (f) Be present at a building, shed, room, yard, ground, or
premises where preparations are being made for an exhibition described in
subdivisions (a) to (d), or be present at the exhibition, knowing that an
exhibition is taking place or about to take place. (g) Breed, buy, sell, offer to buy or sell, exchange, import,
or export an animal the person knows has been trained or used for fighting as
described in subdivisions (a) to (d), or breed, buy, sell, offer to buy or sell,
exchange, import, or export the offspring of an animal the person knows has been
trained or used for fighting as described in subdivisions (a) to (d). This
subdivision does not prohibit owning, breeding, buying, selling, offering to buy
or sell, exchanging, importing, or exporting an animal for agricultural or
agricultural exposition purposes. (h) Own, possess, use, buy, sell, offer to buy or sell,
transport, or deliver any device or equipment intended for use in the fighting,
baiting, or shooting of an animal as described in subdivisions (a) to (d). (3) A person who violates subsection (2)(a) to (e) is guilty of
a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years. (b) A fine of not less than $5,000.00 or more than $50,000.00.
(c) Not less than 500 or more than 1,000 hours of community
service. (4) A person who violates subsection (2)(f) to (h) is guilty of
a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years. (b) A fine of not less than $1,000.00 or more than $5,000.00.
(c) Not less than 250 or more than 500 hours of community
service. (5) The court may order a person convicted of violating this
section to pay the costs of prosecution. (6) The court may order a person convicted of violating this
section to pay the costs for housing and caring for the animal, including, but
not limited to, providing veterinary medical treatment. (7) As part of the sentence for a violation of subsection (2),
the court shall order the person convicted not to own or possess an animal of
the same species involved in the violation of this section for 5 years after the
date of sentencing. Failure to comply with the order of the court pursuant to
this subsection is punishable as contempt of court. (8) If a person incites an animal trained or used for fighting
or an animal that is the first or second generation offspring of an animal
trained or used for fighting to attack a person and thereby causes the death of
that person, the owner is guilty of a felony and shall be punished by
imprisonment for life or by imprisonment for a maximum term of any term of years
greater than 15 years. (9) If a person incites an animal trained or used for fighting
or an animal that is the first or second generation offspring of an animal
trained or used for fighting to attack a person, but the attack does not result
in the death of the person, the owner is guilty of a felony punishable by
imprisonment for not more than 4 years or a fine of not more than $2,000.00, or
both. (10) If an animal trained or used for fighting or an animal
that is the first or second generation offspring of an animal trained or used
for fighting attacks a person without provocation and causes the death of that
person, the owner of the animal is guilty of a felony and shall be punished by
imprisonment for a maximum term of not more than 15 years. (11) If an animal trained or used for fighting or an animal
that is the first or second generation offspring of an animal trained or used
for fighting attacks a person without provocation, but the attack does not cause
the death of the person, the owner is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than $1,000.00, or
both. (12) Subsections (8) to (11) do not apply if the person
attacked was committing or attempting to commit an unlawful act on the property
of the owner of the animal. (13) If an animal trained or used for fighting or an animal
that is the first or second generation offspring of a dog trained or used for
fighting goes beyond the property limits of its owner without being securely
restrained, the owner is guilty of a misdemeanor punishable by imprisonment for
not more than 90 days or a fine of not less than $50.00 nor more than $500.00,
or both. (14) If an animal trained or used for fighting or an animal
that is the first or second generation offspring of a dog trained or used for
fighting is not securely enclosed or restrained on the owner's property, the
owner is guilty of a misdemeanor punishable by imprisonment for not more than 90
days or a fine of not more than $500.00, or both. (15) Subsections (8) to (14) do not apply to any of the
following:
(a) A dog trained or used for fighting, or the first or second
generation offspring of a dog trained or used for fighting, that is used by a
law enforcement agency of the state or a county, city, village, or township.
(b) A certified leader dog recognized and trained by a national
guide dog association for the blind or for persons with disabilities. (c) A corporation licensed under the private security guard act
of 1968, 1968 PA 330, MCL 338.1051 to 338.1085, when a dog trained or used for
fighting, or the first or second generation offspring of a dog trained or used
for fighting, is used in accordance with the private security guard act of 1968,
1968 PA 330, MCL 338.1051 to 338.1085. (16) An animal that has been used to fight in violation of this
section or that is involved in a violation of subsections (8) to (14) shall be
confiscated as contraband by a law enforcement officer and shall not be returned
to the owner, trainer, or possessor of the animal. The animal shall be taken to
a local humane society or other animal welfare agency. If an animal owner,
trainer, or possessor is convicted under subsection (2) or subsections (8) to
(14), the court shall award the animal involved in the violation to the local
humane society or other animal welfare agency. (17) Upon receiving an animal confiscated under this section,
or at any time thereafter, an appointed veterinarian, the humane society, or
other animal welfare agency may humanely euthanize the animal if, in the opinion
of that veterinarian, humane society, or other animal welfare agency, the animal
is injured or diseased past recovery or the animal's continued existence is
inhumane so that euthanasia is necessary to relieve pain and suffering. (18) A humane society or other animal welfare agency that
receives an animal pursuant to this section shall apply to the district court or
municipal court for a hearing to determine whether the animal shall be humanely
euthanized because of its lack of any useful purpose and the public safety
threat it poses. The court shall hold a hearing not more than 30 days after the
filing of the application and shall give notice of the hearing to the owner of
the animal. Upon a finding by the court that the animal lacks any useful purpose
and poses a threat to public safety, the humane society or other animal welfare
agency shall humanely euthanize the animal. Expenses incurred in connection with
the housing, care, upkeep, or euthanasia of the animal by a humane society or
other animal welfare agency, or by a person, firm, partnership, corporation, or
other entity, shall be assessed against the owner of the animal. (19) Subject to subsections (16) to (18), all animals being
used or to be used in fighting, equipment, devices and money involved in a
violation of subsection (2) shall be forfeited to the state. All other
instrumentalities, proceeds, and substituted proceeds of a violation of
subsection (2) are subject to forfeiture under chapter 47 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709. (20) This section does not apply to conduct that is permitted
by and is in compliance with any of the following:
(a) Part 401 (wildlife conservation) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.40101 to 324.40119. (b) Part 435 (hunting and fishing licensing) of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.43501 to
324.44106. (c) Part 427 (breeders and dealers) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.42701 to 324.42714. (d) Part 417 (private shooting preserves) of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.41701 to
324.41712. (21) This section does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law that is committed
by that person while violating this section. History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.49
;--Am. 1976, Act 392, Eff. Mar. 31, 1977 ;--Am. 1988, Act 381, Eff. Mar. 30,
1989 ;--Am. 1995, Act 228, Eff. Jan. 1, 1996 ;--Am. 1998, Act 38, Imd. Eff. Mar.
18, 1998 . Former Law: See section 2 of Act 70 of 1877; How., § 9392; Act
48 of 1893; CL 1897, § 11740; Act 234 of 1899; CL 1915, § 15536; and CL 1929, §
17067.
750.49
Animal; definition; fighting, baiting, or shooting; prohibited conduct;
violation as felony; costs; dog trained or used for fighting or offspring of dog
trained or used for fighting; prohibited conduct; exceptions; confiscation of
dog; award of dog to animal welfare agency; euthanasia; expenses; forfeiture of
animals, equipment, devices, and money; additional exceptions.
—Prologue, Undue
Influence by
Ron Arnold