Definitions

For the purposes of §§ 70.10 through 70.85 of this Article:

(a)Animal means any nonhuman mammal, bird, reptile, amphibian, or fish, and is inclusive of, but not limited to, livestock and domestic animals.

(b)Caregiving agency means an animal shelter, humane society, or other animal care agency that has as its principal purpose the humane treatment of animals, and that has temporary custody of an animal after the animal has been seized.

(c)Domestic animal means any animal, other than livestock, that is owned by a person or in a person’s possession.

(d)Good animal husbandry includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, or the ear cropping and tail docking of dogs, according to accepted practices of veterinary medicine or animal husbandry.

(e)Guardian means a person who has possession, title, ownership interest, or other legal interest in an animal.

(f)Livestock means cattle, carabao, swine, deer, sheep, goats, equine, and poultry raised for labor, food, or other purposes.

(g)Minimum care means care reasonably sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the guardian, includes, but is not limited to, the following requirements:

(1)open or adequate access to food of reasonable COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES quantity and quality to allow for normal growth or maintenance of body weight;

(2)open or adequate access to potable water of reasonable quality and quantity to satisfy the animal’s needs;

(3)access to a structure reasonably sufficient to protect the animal from wind, rain, sun, or other environmental or weather conditions;

(4)veterinary and other care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease;

(5)for a domestic animal, continuous access to an area:

(A)with reasonably adequate space for exercise necessary for the health of the animal;

(B)with air temperature reasonably suitable for the health of the domestic animal;

(C)with adequate ventilation;

(D)with regular diurnal lighting cycles of either natural or artificial light; and

(E)kept reasonably clean and free from excess waste or other contaminants that could affect the health of the animal(s).

(h)Officer means a member of the Guam Police Department, a Mayor of Guam, an Animal Control Officer, a Conservation Officer, or any other person authorized by law by the Chief of the Guam Police Department or by the Director of the Department of Agriculture.

(i)Person means an individual, corporation, trust, partnership, association, or any other legal entity.

(j)Physical injury means physical trauma, impairment of condition, or pain or illness produced by violence or by a thermal or chemical agent, and includes, but is not limited to, starvation, dehydration, hypothermia, COL11/30/2022 CH. 70 MISCELLANEOUS CRIMES hyperthermia, muscle atrophy, restriction of blood flow to a limb or organ, mange or other skin disease, or parasitic infestation.

(k)Physical trauma means fractures, cuts, punctures, bruises, burns, or other wounds.

(l)Possession means to have physical custody or to exercise dominion with intent of ownership or control over an animal.

(m)Serious physical injury means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of a limb, body part, or bodily organ.

(n)Torture means an action taken with the intent of inflicting or prolonging pain or suffering.

(o)Suffering means fear, agitation, severe depression or stress, or other forms of severe emotional or mental distress.