[Wildlife Management] PCOs and Animal Cruelty Statutes

In April, Karl Soudek, a licensed nuisance wildlife control operator, was convicted of animal cruelty and fined $393 in Shawnee County (Kansas) District Court after one of his traps killed a pet cat. Soudek was attempting to trap skunks when a cat named Peanut, owned by a Topeka resident, was killed in a trap within the city limits. Soudek was convicted in municipal court, then appealed the case to district court, where he was convicted April 21.

In January 2007, Raul Ruiz, a supervisor for Miami, Fla.-based Termite & Fumigation Division, was charged with animal cruelty, a first-degree misdemeanor in Florida. Ruiz was charged for the accidental deaths of 15 cats in a fumigation incident.

The case prompted the People for the Ethical Treatment of Animals (PETA) to distribute an Action Alert about this case, encouraging members to contact State Attorney Mark Kohl (whose office prepared the case) because even though Ruiz’s reported actions “may not have been inspired by the malice or outrage behind other cases reported in PETA’s action alerts, the alleged behavior is troubling and may be indicative of an underlying and general indifference to suffering.”

PETA, among other animal rights groups, also has been campaigning against big box stores (e.g., Home Depot, Wal-Mart, Sam’s Club and CVS) for using or carrying rodent glueboards. “While these cases certainly have more to do with non-professionals, it is clearly an indication of their mindset and threatens an incredibly invaluable tool,” said Gene Harrington, manager of government affairs, National Pest Management Association.

What theses cases illustrate is a growing problem for pest management professionals — otherwise lawful pest control activities becoming inadvertently entangled with state animal cruelty laws.

CAUSE FOR CONCERN. Harrington said NPMA is not aware of any pest professionals who have been prosecuted under state animal cruelty laws for practicing common pest management techniques; however, he said they need to be aware of this growing threat.

“It’s really emerged in the last couple years and one of the reasons is that animal rights groups such as PETA, for whatever reason, we have caught their attention,” Harrington said, noting these groups have sent out alerts specifically targeting pest control companies and many of the control measures they use, including rodent and bird control products.

Harrington said that of greater concern for NPMA is the fact that peace officers, (such as members of the American Society for the Prevention of Cruelty to Animals) often enforce the statutes. “Certainly this is a noble group — and you never like to hear about animals being abused — but we do have some concerns. These folks are not really professional law enforcement and might not have the discretion the professional law enforcement might have. Their emotion might dictate their response, instead of law or common sense.”

While Harrington acknowledges that animal cruelty laws are well intended, necessary statutes, many such laws are broad in scope, leaving pest management professionals vulnerable. Currently, about half of all states expressly exempt rodent control or all pest control activities from animal cruelty laws.

PROACTIVE PCOs. A number of state pest control associations have proactively addressed this challenge by pushing for exemptions in their state’s animal cruelty laws.

For example, the Kansas Pest Control Association (KPCA) was successful in its efforts to include a pest control provision in the Kansas animal cruelty law, commonly referred to as “Scruffy’s Law.”

“In the state of Kansas, things like rodeo, hunting and fishing were in the exemption, but not pest control,” said Jeff Wells, vice president of Hutchinson, Kan.-based Advance Termite & Pest Control and a member of NPMA’s wildlife committee. “Basically it took everything we had to get that changed because people just didn’t understand. They didn’t think it was anything to get stressed out about.”

KPCA was successful in getting language inserted into the statute, which now states that Kansas’ animal cruelty laws shall not apply to “normal or accepted practices of pest control, as defined in subsection (x) of K.S.A. 2-2438a, and amendments thereto.”

While these type of exemptions provide pest management professionals with some protection, wildlife management work must abide by state and local ordinances. “For example, you can use a pellet in some areas to take care of a nuisance pigeon, but in other areas a local ordinance might prohibit you from discharging a pellet gun inside city limits,” Wells said. “Just because you carry a licensed wildlife control permit doesn’t exempt you from those (ordinances).”

ISSUES TO CONSIDER. In recent years, wildlife control has become a service offering growing in popularity for a number of reasons, including PCOs looking to make up for revenues lost to the slumping housing market. Those entering this line of work need to be aware of the numerous laws and regulations that govern how, when, where or why wildlife pests can be managed. They may occur in many different codes or bodies of law and reflect federal, state, county or city authority. As always, preparation is the key.

The author is Internet editor and managing editor of PCT.

Lessons Learned

The case of Karl Soudek, the Kansas wildlife management professional recently convicted of animal cruelty after one of his traps killed a pet cat, could have important implications for those involved in wildlife management.

Soudek, who has owned and operated Critter Capture Wild Pest Removal since 1997, was contracted to remove skunks that were underneath a home’s porch in southwest Topeka. The home also was surrounded by a 6-foot fence. Soudek said that normally he traps and releases nuisance wildlife, but because he was dealing with skunks (which he could not relocate and can cause obvious problems if live-trapped) he decided to use a lethal (220 conibear style) trap. “Under normal circumstances I would not have used that type of trap in the city,” Soudek told PCT. Additionally, no bait was used — the trap was set over the hole where the skunks were entering, Soudek said. (Two skunks were caught in the trap, Soudek said.)

Soudek said the cat climbed the 6-foot fence and, presumably in an attempt to hunt mice or rats, ended up under the porch and was accidentally killed. The cat’s owner signed a cruelty complaint against Soudek. The city prosecuted and obtained a guilty conviction in municipal court. Soudek then appealed to district court where he was convicted April 21.

This case illustrates the importance of understanding local ordinances. Soudek argued in court that his license to conduct nuisance wildlife control allowed him to use a lethal trap for this type of work. However, a city of Topeka ordinance (Sec. 18-7) forbids the killing of any wild or undomesticated animal in the city, with some exceptions. The ordinance states that wild or undomesticated animals “may be taken into custody and destroyed by an approved pest control firm or company upon the issuance of a permit by the police department.” (Rodents were exempted from this ordinance.)

Soudek was fined $393 in Shawnee County District Court and ordered to pay restitution, but that amount hasn’t been determined. He also walked away from this incident having learned a very valuable lesson. “Make sure you are absolutely sure what kind of traps you can use, especially when operating within the city limits of any municipality. Knowing what I know now, I would not have used that trap,” he said.