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Arguello v. Behmke


The adoption of a dog was invalidated and the court ordered its return to the original owner. The shelter's placement of the dog with a new family was invalid because the shelter agreed that it would hold the dog for a certain period of time.

ARFF, Inc. v. Siegel


Resort developer and president of an animal performance company received an injunction against an animal rights group limiting their ability to both picket the resort and distribute pamphlets claiming that the big cats were abused.  Appellate court reversed, finding that the picketing regulations burdened more speech than necessary and that the restriction on distributing pamphlets was a prior restraint not justified by a compelling state interest.

Arellano v. Broward

Plaintiff Lisa Arellano suffered a dog bite and injury to her big toe after being attacked by a guard dog. The Defendant, Broward K–9/Miami K–9 Services, Inc. (“K–9”), owned two guard dogs. The guard dogs escaped K-9 after the business was burglarized, and the chain link fence was cut. The dogs entered Arellano’s neighborhood and she believed that the dogs belonged to one of her neighbors. Arellano fed and sheltered the dogs for about five days, and took steps to find the dogs' owner. However, Arellano also had pet dogs of her own. Eventually, one of the guard dogs attacked one of Arellano's dogs. When Arellano intervened in the attack between the two dogs, she was injured. Eventually, Animal Control determined that K–9 owned the guard dogs. Arellano then brought a statuory damages claim for strict liability against K-9 under Florida’s dog bite statute. The Circuit Court, Miami–Dade County, entered summary judgment in favor of K-9 and determined as a matter of law, that Arellano's actions constituted a superseding, intervening cause, thereby precluding her statutory dog bite claim against the Defendant, K-9.  Plaintiff, Arellano appealed.  The District Court of Appeals, held that triable issues of fact existed as to whether, and to what extent, K-9's liability under the statute should be reduced because of allegedly negligent actions by Arellano. The Court of Appeals reversed and remanded the circuit court decision and reasoned that Florida's dog bite statute imposes strict liability on dog owners, subject only to a plaintiff's comparative negligence, which in this case must be determined by the trier-of-fact. K-9's liability under the statute should only be reduced because of the allegedly negligent actions of Arellano. The court also reversed the resulting cost judgment in K–9's favor. The case was remanded to the trial court.

AR - Wildlife, captive - Chapter 09.00. Captive Wildlife/Hunting Resort Regulations


These Arkansas regulations provide the rules for possession of captive wildlife. It is unlawful to possess, hold captive, confine or enclose any live wildlife, whether native or non-native, migratory or imported, unless otherwise specified in the chapter. Exceptions include members of American Zoo and Aquarium Association, bona fide scientific research that significantly benefits wildlife (with a permit), USDA licensed AWA exhibitors, and others. The regulations also state that "[i]t is unlawful to keep non-native wildlife under inhumane or unhealthy conditions." The release and hunting of captive wildlife is also prohibited, subject to certain exceptions.

AR - Veterinary - Veterinary Practice Code

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

AR - Trusts - Trust for care of animal.

This statute represents Arkansas' pet trust law.  The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. 

AR - Primates - Subchapter 6. Nonhuman Primates

This new 2013 Act prohibits the importing, possession, selling, or breeding of apes, baboons, and macques. It is unlawful under the act for a person to allow a member of the public to come into direct contact with a primate. Further, a person cannot tether a primate outdoors or allow a primate to run at-large. The section does not apply to accredited AZA institutions, AWA regulated research facilities, wildlife sanctuaries, temporary holding facilities, licensed veterinarians providing treatment, law enforcement officers, circuses holding AWA Class C licenses as provided, and those temporarily in the state. The act has a grandfathering provision that allows a person at least 18 years of age to continue to possess the restricted primate if within 180 days after the effective date of the act the person registers the animal per § 20-19-605 and follows other listed requirements.

AR - Pet Sales - Chapter 97. Retail Pet Stores. This statutory section comprises the Arkansas Retail Pet Store Consumer Protection Act of 1991. The purpose of the act is to ensure that purchasers receive consumer animals that are physically and temperamentally sound, healthy, and fit as companions. The Act also provides a means by which the acquisition and care of those animals can be monitored.
AR - Ordinances - § 14-54-1102. Dogs running astray.

This Arkansas statute provides that municipal corporations have the power to prevent the running at large of dogs and the injuries and annoyances associated with them.  Further, this statute allows municipalities to authorize the destruction or impoundment of dogs if found in violation of ordinance.  However, prior  to destroying the dog, the municipality shall give the dog's owner at least five (5) days' notice of the date of the proposed destruction of the dog by certified mail if the dog carries the owner's address.

AR - Ordinances - § 14-16-701. River and improvement district

This Arkansas statute provides that, upon the written request of the governing body of a suburban improvement district (as defined by statute), a county may by ordinance control and regulate dogs and cats within all or any part of the suburban improvement district.  This statute does not elaborate on the confines of such ordinances, so it is assumed the subject matter is constrained only through preemption.

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