Municipal Ordinances: Related Articles
|Steven M. Wise, Elizabeth Stein, Monica Miller & Sarah Stone||The Power of Municipalities to Enact Legislation Granting Legal Rights to Nonhuman Animals Pursuant to Home Rule||This Article broadly explores whether a state’s political subdivisions may exercise home rule jurisdiction to enact ordinances or bylaws that grant a legal right to nonhuman animals. While this Article is not premised on the granting of a specific legal right to a specific species of nonhuman animal, as such a determination will be unique to the particular municipality, it discusses why an ordinance or bylaw that enacted a law granting the right to bodily liberty to appropriate nonhuman animals within its jurisdiction would be upheld if it were challenged.|
|Rebecca F. Wisch||Overview of Pet Number Restrictions in Municipal Ordinances||
This legal discussion overviews the typical elements in municipal ordinances that restrict the number of pets a person can own. It analyzes the relevant cases and provides examples ordinances that limit the number of dogs a person can own. Both nuisance regulations and zoning regulations are discussed, as well as the broad police powers municipalities enjoy.
|Rebecca F. Wisch||Brief Summary of Local and State Dog Laws||
This summary examines the nature and authority of state and local dog laws. It also describes the general subjects included in dog laws, such as loose dogs and impoundment procedures. The concept of preemption of local laws is also defined.
|Rebecca F. Wisch||How to Search for Your Municipality's Animal-Related Ordinances||
This document briefly explains how one may search for electronic versions of his or her municipality's animal control ordinances over the Interent.
|Rebecca F. Wisch||Overview of Municipal Animal Control Ordinances||
This overview discusses the power of municipalities to enact ordinances. It then highlights some common subjects for animal care and control within municipal codes.
|Charlotte A. Walden||Overview of Breed Specific Legislation (BSL) Ordinances||
Breed Specific Legislation (BSL) is created when a municipality or a county believes a certain breed of dog poses a hazard to the public health, safety, and welfare. While this website does not contain every ordinance relating to BSL, it does contain many samples of how BSL can be constructed. For more information on your city's or county's ordinances, please contact the city or county of interest.
|Charlotte Walden||Overview of Municipal Ordinances||
This overview first describes how to navigate the municipal ordinance section of the ALHC website. The process of municipal ordinance creation is outlined as well as what animal-related topics are typically covered in local codes.
|Joan E. Schaffner||Community Cats: Changing the Legal Paradigm for the Management of So-Called “Pests”||Recognizing that the science, policy, and law involving the different animal “pests” are unique, the approach to changing the traditional paradigm is largely the same. Although the debate continues surrounding free-roaming cats, the approach of cat advocates to turn the tide away from deeply entrenched lethal methods of animal control provides an interesting and useful case study on how to alter the political, scientific, and legal paradigm in favor of respecting animal life for all animals deemed “pests.”|
|Kristen Pariser||Overview of the Laws Regulating Rescue and Foster Care Programs for Companion Animals||This overview examines how states deal with foster care and other non-profit rescue organizations. It details how states define such organizations and what laws may affect their operations. The paper also discusses potential legal issues that arise with pet rescue and fostering.|
|Kristen Pariser||Detailed Discussion of the Laws Regulating Rescue and Foster Care Programs for Companion Animals||This article will focus primarily on the rescue and foster care issues. Some of the types of laws that impact companion animal rescue and foster care organizations include legislative definitions, licensing, sterilization and vaccination, pet limit laws, zoning and nuisance laws, tethering laws, Breed Specific Legislation (or BSL), tort liability, and reimbursement for medical care in cruelty cases. While some examples will be given here, a rescue organization or foster care provider should check the specific state and city laws where they are located.|
|Jacqueline M. Logan||Detailed Discussion of Emerging Issues in Municipal Ordinances||
This paper will discuss those emerging areas that have recently cropped up in many municipalities throughout the United States and how municipalities have addressed these areas through passing of ordinances. Mandatory spay and neutering, feral cat management, declawing, retail sales of pets, breeding licenses, and tethering laws will be discussed, including the strengths and weaknesses of each ordinance. Additionally, suggestions for municipalities for how to construct their own ordinances in each of these areas are included.
|Jacqueline M. Logan||Overview of Emerging Issues in Municipal Ordinances||
This overview discusses emerging areas of animal control for local governments. Mandatory spay and neutering, feral cat management, declawing, retail sales of pets, breeding licenses, and tethering laws are analyzed, including the strengths and weaknesses of each ordinance.
|Jacqueline M. Logan||Brief Summary of Emerging Issues in Municipal Ordinances||
This summary covers the historic purpose of animal control in municipalities and how this has changed as the view of animals has evolved. The reasons behind state versus local control are explored as well as the issues typically covered by local laws.
|Anthony E. LaCroix||Detailed Discussion of Feral Cat Population Control||
Controversy has arisen over how best to deal with populations of feral cats. While cat advocates fight against killing cats, bird advocates and others see them as destructive to protected species. Legal issues of property ownership, causation, and classification of cats are central to the question of human liability for feral cats.
|Anthony E. LaCroix||Overview of Feral Cat Population Control||
This is an overview of issues regarding feral cats. Concerns about feral cat populations include the spread of disease and predation of endangered or protected species of birds. There is disagreement over how best to deal with cat overpopulation.
|Anthony E. LaCroix||Brief Summary of Feral Cat Population Control||
This is a brief overview of feral cat population issues. Opposing viewpoints on cat control are presented. Issues of legal liability for cat predation are explored.
|Cynthia F. Hodges||Brief Summary of Ordinances for Pet Number Restrictions||
Some cities and towns have attempted to address pet nuisance issues by limiting the number of pets a person can own. These laws are sometimes challenged by pet owners because the laws impact pet owners’ property rights. However, courts usually uphold the laws if they are rationally related to protecting the public health, safety, and welfare.
|Lane Clayton||Sao Paulo State Stray Dog Law||
Introduction in English to 2008 stray dog ordinance of Sao Paulo
|Lane Clayton||Sao Paulo State Stray Dog Law||
This document is an introduction in English to the 2008 stray dog ordinance for the Brazilian City of Sao Paulo.
|Anna Baumgras||Detailed Discussion of Local Breed-Specific Legislation||
This article will provide an overview of BSL ordinances by discussing 1) common breed definitions, 2) patterns in the regulations, and 3) common exceptions to the regulations. The article will also discuss the constitutionality of these ordinances, focusing on how they meet due process requirements.