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20-19-601. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-19-601. Definitions.
As used in this subchapter:
(1) “Interested person” means an individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity that a court determines may have a pecuniary interest in a primate that is the subject of the petition under § 20-19-607;
(2) “Law enforcement officer” means a public servant vested by law with a duty to maintain public order or to make an arrest for an offense, including without limitation:
(A) An animal control officer; and
(B) An Arkansas State Game and Fish Commission wildlife officer;
(3) “Person” means an individual, a partnership, a corporation, an organization, or another legal entity or an officer, a member, a shareholder, a director, an employee, an agent, or a representative of a partnership, a corporation, an organization, or another legal entity;
(4) “Primate” means a live individual animal of the taxonomic order Primates, excluding humans;
(5)(A) “Temporary holding facility” means an incorporated nonprofit animal protection organization, such as a registered humane society and shelter, that temporarily houses a primate at the written request of a law enforcement officer.
(B) “Temporary holding facility” includes a person that is a registered primate owner that is temporarily caring for a primate; and
(6) “Wildlife sanctuary” means a nonprofit entity that:
(A) Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care;
(B) Does not conduct a commercial activity with respect to primates, including without limitation:
(i) Sale, trade, auction, lease, or loan of primates or parts of primates; or
(ii) Use of primates in a for-profit business or operation;
(C) Does
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-19-601
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-19-601
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 53849a2305fc1de9ddd2c4a9ca9fba510ae0d0c973bb06bd706c6ce4528725af
Source location: content.xml paragraph 18505
Stored source content
20-19-601. Definitions.
As used in this subchapter:
(1) “Interested person” means an individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity that a court determines may have a pecuniary interest in a primate that is the subject of the petition under § 20-19-607;
(2) “Law enforcement officer” means a public servant vested by law with a duty to maintain public order or to make an arrest for an offense, including without limitation:
(A) An animal control officer; and
(B) An Arkansas State Game and Fish Commission wildlife officer;
(3) “Person” means an individual, a partnership, a corporation, an organization, or another legal entity or an officer, a member, a shareholder, a director, an employee, an agent, or a representative of a partnership, a corporation, an organization, or another legal entity;
(4) “Primate” means a live individual animal of the taxonomic order Primates, excluding humans;
(5)(A) “Temporary holding facility” means an incorporated nonprofit animal protection organization, such as a registered humane society and shelter, that temporarily houses a primate at the written request of a law enforcement officer.
(B) “Temporary holding facility” includes a person that is a registered primate owner that is temporarily caring for a primate; and
(6) “Wildlife sanctuary” means a nonprofit entity that:
(A) Operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced animals are provided care;
(B) Does not conduct a commercial activity with respect to primates, including without limitation:
(i) Sale, trade, auction, lease, or loan of primates or parts of primates; or
(ii) Use of primates in a for-profit business or operation;
(C) Does not use primates for entertainment purposes or in a traveling exhibit;
(D) Does not breed primates; and
(E) Does not allow members of the public to be in proximity to primates without sufficient distance and protective barriers, including without limitation offering photographic opportunities next to a primate of any age.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-19-607. Enforcement.
(a) Upon probable cause, a law enforcement officer may seize a primate possessed or kept in violation of this subchapter.
(b) A primate seized under this section is forfeited upon a judicial determination that:
(1) The seized animal is a primate; and
(2) The owner of the seized primate has violated this subchapter with regard to the seized primate.
(c)(1) A primate seized and forfeited under this section shall be placed in the custody and control of a registered primate owner if possible.
(2) If placement is not possible under subdivision (c)(1) of this section, a primate seized and forfeited under this section shall be placed in the custody and control of a zoo accredited by the Association of Zoos and Aquariums or a wildlife sanctuary.
(d)(1) A primate seized but not forfeited under this section shall be impounded or quarantined at the home of a registered primate owner if possible.
(2) If impoundment and quarantine under subdivision (d)(1) of this section is not possible, a primate seized but not forfeited under this section shall be kept in the custody of an institution accredited by the Association of Zoos and Aquariums, a wildlife sanctuary, or a temporary holding facility under § 20-19-603 until disposition of the seized primate.
(e)(1) A zoo, wildlife sanctuary, or temporary holding facility having custody of a primate under this section may file a petition with the court requesting that the person from which the primate was seized or the owner of the primate be ordered to post security.
(2)(A) Security ordered under subdivision (e)(1) of this section shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the zoo, the wildlife sanctuary, or the temporary holding facilit
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-19-607
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-19-607. This identifies an authority to review, not proof of applicability.