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Title Citation Alternate Citation Agency Citation Summary Type
NH - Cruelty - Consolidated Cruelty Laws N.H. Rev. Stat. § 644:8 - 644:8-g; N.H. Rev. Stat. § 437-B:1 NH ST § 644:8 - 644:8-g; § 437-B:1 These New Hampshire statutes provide the animals anti-cruelty and animal fighting provisions for the state. Included are general anti-cruelty laws for any animal (including domestic and wild animals), exhibitions of fighting animals, provisions for protection of animals riding in motor vehicles, restrictions related to docking the tail of a horse, provisions for the use of animals in science classes or fairs, laws against maiming or willfully interfering with police dogs or horses, laws related to the willful interference with organizations or projects involving animals, and provisions related to dogs riding in pick-up trucks. Statute
CA - Permits - CHAPTER 3. MISCELLANEOUS. Permits for Restricted Species 14 CA ADC s 671.1 - 671.6 14 CCR § 671.1 - 671.6 Permits are required for possession of restricted species, but the department does not issue permits for exotics pets. Administrative
TX - Circus - Chapter 2152. Regulation of Circuses, Carnivals, and Zoos. V. T. C. A., Occupations Code § 2152.001 - 202 (Repealed 2015) TX OCC § 2152.001 - 202 Note chapter repealed: Repealed by Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 5.318(14), eff. April 2, 2015. This set of Texas laws concerns the regulation of carnivals, circuses, and zoos. However, circuses are specifically exempted from regulation if they are licensed by the USDA and if the circus provides proof of (mandatory) inspection at least once a year. "Circus" is defined as a commercial variety show featuring animal acts for public entertainment. In Texas, the Texas Board of Health must adopt standards for the operation of circuses, carnivals, and zoos that promote humane conditions for animals and protect the public health and safety. A person may not operate a circus, carnival, or zoo unless the person holds a license issued under this chapter for the circus, carnival, or zoo. A person who knowingly operates a circus without a license under this chapter commits a Class C misdemeanor. Statute
CA - Wild Animal - Chapter 2. Importation, Transportation, and Sheltering of Restricted Live Wild Animals. West's Ann. Cal. Fish & G. Code § 2116 - 2203 CA FISH & G § 2116 - 2203 The California Legislature adopted this act based on a findings that wild animals are captured for importation and resold in California and that some populations of wild animals are being depleted, that many animals die in captivity or transit, and that some keepers of wild animals lack sufficient knowledge or facilities for the proper care of wild animals. It was the intention of the Legislature to regulate the importation, transportation, and possession of wild animals to protect the native wildlife and agricultural interests against damage from the existence at large of certain wild animals, and to protect the public health and safety in this state. The act defines "wild animal" and classifies them by species. Among other things, the act also includes inspection and permit provisions that govern the treatment of wild animals and the actions that may be taken where they are concerned. Statute
FL - Department of Agriculture & Consumer Services - Enforcement West's F. S. A. 570.15; 570.051; § 570.65 FL ST § 570.65, 570.15, 570.051 This set of laws authorizes the establishment of the Office of Agricultural Law Enforcement within the Department of Agriculture & Consumer Services for the enforcement of laws relating to wild or domesticated animals or animal products. Law enforcement officers employed by the Department have statewide jurisdiction and have full law enforcement powers granted to other peace officers of the state, including the authority to make arrests, carry firearms, serve court process, and seize contraband and the proceeds of illegal activities. It is a misdemeanor of the second degree to threaten, interfere with, or impersonate an enforcement officer or other employee of the Department. Statute
OR - Exotic Pets - Division 11. Livestock Health and Sanitation. Exotic Animals OR ADC 603-011-0700 to 0725 OAR 603-011-0700 to 0725 This set of regulations includes the Oregon Department of Agriculture's rules governing the possession of non-human primates. Individuals wishing to possess a non-human primate must be qualified by experience and education, have an approved facility, and must obtain an exotic animal permit from the Department. All permittees must comply with the agency's rules for the housing and care of non-human primates and any additional permit conditions that the Department imposes. Administrative
MD - Endangered Species - Nongame and Endangered Species Conservation Act MD Code, Natural Resources, § 10-2A-01 - 09 MD NAT RES § 10-2A-01 - 09 These Maryland statutes comprise the Nongame and Endangered Species Conservation Act. Under the Act, any species designated under the federal Endangered Species Act is deemed an endangered species as are other species designated by the state secretary based on habitat and population factors. Violators of the Act shall be fined not more than $1,000 or be imprisoned not more than 1 year, or both and equipment used in the taking of designated species may be seized. Statute
NH - Exotic Pets - Chapter Fis 800 Definitions (for importation and possession of wildlife) NH ADC FIS 801.01 - 26 N.H. Code Admin. R. Fis 801.01 - 26 These following regulations provide the definitions for the terms used in Chapter Fis 800: The Importation, Possession and Use of All Wildlife of the New Hampshire Code of Administrative Regulations. Administrative
Nonhuman Rights Project on behalf of Tommy and Kiko v. 31 N.Y.3d 1054, 100 N.E.3d 846 (2018) 2018 WL 2107087 (Mem), 2018 N.Y. Slip Op. 03309 The petitioner, Nonhuman Rights Project brought this appeal on behalf of Tommy and Kiko, who are two captive chimpanzees. The chimpanzees had been confined by their owners in small cages within a warehouse and a cement storefront in a crowded residential area, respectively. Petitioner sought leave to appeal from an order of the Appellate Division, which affirmed two judgments of the Supreme Court declining to sign orders to show cause to grant the chimpanzees habeas relief. The lower courts based their denial of habeas corpus for the chimpanzees on the dictionary definition for "person." The term “person” tends to lean towards an entity that is recognized by law as having most of the rights and duties of a human. The Appellate Division also reasoned that chimpanzees are not considered people because they lack the capacity to bear legal duties or to be held legally accountable for their actions. As a counter, the Petitioner argued that the same can be said for human infants or comatose human adults, yet no one would say that it is improper to seek a writ of habeas corpus on behalf of one of them. The Appellate Division therefore based their denial on the fact that chimpanzees are not a member of the human species. In the instant action, Court of Appeals of New York denied the motion for leave to appeal. In the concurring opinion, Judge Fahey states that the better approach is not to ask whether a chimpanzee fits the definition of a person or whether it has the same rights and duties as a human being, but whether he or she has the right to liberty protected by habeas corpus. The concurring opinion also found that the Appellate Division erred by misreading the case it relied on and holding that a habeas corpus challenge cannot be used to seek transfer; a habeas corpus challenge can be used to seek a transfer to another facility. Although Judge Fahey recognizes that Chimpanzees share at least 96% of their DNA with humans and are autonomous, intelligent creatures, he concurred with the Appellate Division’s decision to deny leave to appeal. However, he ultimately questioned whether the Court was right to deny leave in the first instance. Case
NV - Cruelty - Consolidated Cruelty Statutes N. R. S. 574.010 to 574.550; N.R.S. 202.487; N.R.S. 201.455 NV ST 574.010 to 574.550; N.R.S. 202.487 This comprehensive section comprises the Nevada anti-cruelty statutes. The section first empowers private prevention of cruelty to animals societies and outlines their powers and responsibilities, including the power to arrest. Under this section, "animal" does not include the human race, but includes every other living creature. Animal cruelty, as described in Section 574.100, prohibits the overdriving, overloading, torture, cruel beating or unjustifiable injuring, maiming, mutilation or killing of an animal, as well as the deprivation of necessary sustenance, food or drink. The first offense under this section is a misdemeanor with enhancement to a felony for a third or subsequent convictions. Animals fighting is also prohibited under the section, with enhanced sentences for subsequent convictions. Other specific crimes include mistreatment of dogs, abandonment of animals, poisoning (although the section does not prohibit the destruction of "noxious animals"), and basic requirements for the care of dogs and cats kept in kennels or sold by pounds or pet shops. Statute

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