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Displaying 131 - 140 of 369
Title |
Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| NY - Dangerous animal - § 209-cc. Notification of presence of wild animals and dangerous dogs | McKinney's General Municipal Law § 209-cc | NY GEN MUN § 209-cc | New York state law requires anyone in possession of dangerous dogs and dangerous wild animals (which include non-human primates, non-domesticated dogs and cats, bears, venomous, constrictors and python snakes, and certain crocodiles) to report the presence of that animal to the clerk of the city, town, or village in which the animal resides. The report must be filed by April 1st every year and must list all of the physical locations where the animal may be kept. The clerk must then notify all local police, fire, and emergency medical service departments of the presence of that animal. Any person who fails to report the presence may be fined up to $250 dollars for the first offense and $1,000 dollars for each subsequent offense. Zoos and other U.S. Department of Agriculture-licensed exhibitors are exempt from the reporting requirement. | Statute | |
| NV - Exotic Animals - Possession, Transportation, Importation, Exportation and Release of Wildlife | NV ADC 503.108 - 140 | NAC 503.108 - 140 | These Nevada regulations concern the restrictions on importation, transportation and possession of certain species. Under 503.110, the importation, transportation or possession of the species of live wildlife or hybrids thereof including, but not limited to, freshwater sharks, piranhas, alligators and caimans, mongooses and meerkats, coyotes, and wild dogs is prohibited. Exemptions include zoos, aquariums, limited duration entertainment or commercial photography, research or scientific use, and a tax-exempt nonprofit organization that exhibits wildlife solely for educational or scientific purposes. Some animals may be possessed, transported, imported and exported without a permit or license issued by the Department such as monkeys and other primates, elephants, all felines, except mountain lions and bobcats, and wolves, among others. | Administrative | |
| NV - Endangered Species - Protection and Propagation of Native Fauna (Chapter 503) | N. R. S. 503.584 - 503.589 | NV ST 503.584 - 503.589 | These statutes provide that the Legislature of Nevada has an interest in protecting native species from extinction and sets forth the authority to establish programs to protect designated species. However, if a native species is found to be destructive under the statute, the statute provides for removal if appropriate. Under statute, the ultimate responsibility for management rests with the governor for reviewing state programs and entering into interstate and federal agreements. | Statute | |
| 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 | |
| Nonhuman Rights Project, Inc. ex rel. Tommy v. Lavery | 152 A.D.3d 73, 54 N.Y.S.3d 392 (N.Y. App. Div. 2017) | 2017 WL 2471600 (N.Y. App. Div. June 8, 2017) | The Petitioners, including the Nonhuman Rights Project, Inc . filed two petitions for habeas corpus relief on behalf of Tommy and Kiko, two adult male chimpanzees. The petitions stated that chimpanzees are intelligent, have the ability to be trained by humans to be obedient to rules, and to fulfill certain duties and responsibilities. Therefore, chimpanzees should be afforded some of the same fundamental rights as humans which include entitlement to habeas relief. The Respondents, included Tommy’s owners, Circle L Trailer Sales, Inc. and its officers, as well as Kiko’s owners, the Primate Sanctuary, Inc. and its officers and directors. The Supreme Court, New York County, declined to extend habeas corpus relief to the chimpanzees. The Petitioners appealed. The Supreme Court, Appellate Division affirmed and held that:(1) the petitions were successive habeas proceedings which were not warranted or supported by any changed circumstances; (2) human-like characteristics of chimpanzees did not render them “persons” for purposes of habeas corpus relief; and (3) even if habeas relief was potentially available to chimpanzees, writ of habeas corpus did not lie on behalf of two chimpanzees at issue. | Case | |
| 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 | |
| NM - Scientific - 19.35.6. Authorized Uses of Wildlife for Education, Law Enforcement, Research and Scientific Purposes | 19.35.6.1 - 17 NMAC | N.M. Admin. Code 19.35.6.1 - 17 | This New Mexico rule issued by the department of game and fish and all persons provides information on the taking and possession of protected wildlife for scientific and educational purposes. | Administrative | |
| NM - Rehabilitation, wildlife - 19.35.5. Wildlife Rehabilitation Permits | 19.35.5 NMAC | N.M. Admin. Code 19.35.5.1 to 19.35.5.14 | The stated objective of this regulation is to establish and implement a system for the issuance and use of permits for the rehabilitation of sick, injured, orphaned or otherwise incapacitated wildlife for return to the wild or other authorized disposition in New Mexico. | Administrative | |
| NM - Exotic Pets - 19.35.7. Importation of Live Nondomestic Animals Birds and Fish | N.M. Admin. Code 19.35.7.1 - 23 | NM ADC 19.35.7.1 - 23 | This regulation covers persons who desire to bring wildlife species into the state of New Mexico. It may include the general public, pet importers, holders of Class A park licenses, department permitees and others. The stated objective is, "[t]o provide consistent criteria for the importation of live non-domesticated animals into New Mexico and to protect native wildlife against the introduction of contagious or infectious diseases, undesirable species and address human health and safety issues." | Administrative | |
| NM - Endangered Species - Chapter 17. Game and Fish and Outdoor Recreation. | N. M. S. A. 1978, § 17-2-37 to 17-2-46 | NM ST § 17-2-37 to 17-2-46 | These statutes comprise the New Mexico Wildlife Conservation Act. Included in the provisions are definitions related to the statute, legislative policies, and regulations for listing or delisting species. Violation of the Act constitutes a misdemeanor and can incur a penalty from $50 - 1,000 depending on the categorization of the species taken. | Statute |