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Title Citation Alternate Citation Agency Citation Summary Type
In Defense of Animals v. Cleveland Metroparks Zoo 785 F.Supp. 100 (N.D. Ohio, 1991)

This case involves a challenge by several organizations to the proposed move of Timmy, a lowland gorilla, from the Cleveland Metroparks Zoo to the Bronx Zoo in New York for the purposes of mating Timmy with female gorillas at the Bronx Zoo. Plaintiffs filed this lawsuit on October 25, 1991, in the Court of Common Pleas of Cuyahoga County, and moved for a temporary restraining order.  The District Court held that the claim was preempted under the Endangered Species Act (ESA) and the Animal Welfare Act (AWA) and that plaintiffs failed to state a claim under the ESA.  Further, the court held that plaintiffs had no private cause of action under the AWA. 

Case
CT - Exotic Pets - § 26-40a. Possession of potentially dangerous animal; Chapter 490. Fisheries and Game C. G. S. A. § 26-1, § 26-40a; § 26-54, 55, 61 CT ST § 26-1, § 26-40a; § 26-54, 55, 61 These Connecticut states reflect the state's laws on the keeping of wild animals. Under § 26-40a, no person shall possess a potentially dangerous animal, which includes wildlife such as the lion, leopard, cheetah, jaguar, ocelot, jaguarundi cat, puma, lynx, bobcat, wolf, coyote, all species of bears, gorilla, chimpanzee and orangutan. The Department of Environmental Protection shall issue a bill to the owner or person in illegal possession of such potentially dangerous animal for all costs of seizure, care, maintenance, relocation or disposal of such animal. Additionally, any person who violates any provision of this section shall be assessed a civil penalty not to exceed $2000, and is guilty of a class A misdemeanor. Under § 26-55, no person shall import or introduce into the state, possess or let loose, any live fish, wild bird, wild mammal, reptile, amphibian or invertebrate unless such person has obtained a permit. Again, a violator is responsible for expenses from the seizure, maintenance, and relocation of the illegally imported animal. The penalty includes a civil fine up to $1000 and results in a class C misdemeanor. Statute
MO - Exotic pet - 578.023. Keeping a dangerous wild animal, penalty V. A. M. S. 578.023 MO ST 578.023 This Missouri law states that no person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, nonhuman primate, coyote, any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight feet long, in any place other than a properly maintained zoological park, circus, scientific, or educational institution, research laboratory, veterinary hospital, or animal refuge, unless such person has registered such animals with the local law enforcement agency in the county in which the animal is kept. Violation is a class C misdemeanor. Statute
CA - Fish & Game - Chapter 6.5. Control of Illegally Taken Fish and Wildlife West's Ann. Cal. Fish & G. Code § 2580 - 2589 CA FISH & G § 2580 - 2589 This set of laws outlines various violations involving the possession and movement of illegally obtained animals and imposes liability for those activities. Statute
IL - Exotic pets - 5/48-10. Dangerous animals 720 I.L.C.S. 5/48-10 IL ST CH 720 § 5/48-10 This Illinois law states that no person shall have a right of property in, keep, harbor, care for, act as custodian of or maintain in his or her possession any dangerous animal or primate except at a properly maintained zoological park, federally licensed exhibit, circus, college or university, scientific institution, research laboratory, veterinary hospital, hound running area, or animal refuge in an escape-proof enclosure. A "dangerous animal" is defined as a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote.This Section does not prohibit a person who had lawful possession of a primate before January 1, 2011, from continuing to possess that primate if the person registers the animal by providing written notification to the local animal control administrator on or before April 1, 2011. Violation is a Class C misdemeanor. Statute
DE - Cruelty - Consolidated Cruelty Statutes 11 Del.C. § 1325 - 1327;16 Del.C. § 3001F - 3009F; 16 Del.C. § 3031F - 3036F; 11 Del.C. § 775 DE ST TI 11 § 1325 - 1327; DE ST TI 16 § 3001F- 3009F; DE ST TI 16 § 3031F - 3036F; DE ST TI 11 § 775 These Delaware sections comprise the state's anti-cruelty and animal fighting provisions. Delaware's anti-cruelty section provides that cruelty to animals is when a person intentionally or recklessly subjects any animal (excluding fish, crustacea or molluska) to cruel mistreatment, cruel neglect, or kills or injures any animal belonging to another person. Actively engaging in animal fighting activities is a class F felony while being a spectator at a fight is a class A misdemeanor. Statute
NY - Wild Animals - § 11-0512. Possession, sale, barter, transfer, exchange and import McKinney's E. C. L. § 11-0512 NY ENVIR CONSER § 11-0512 This section provides that no person shall knowingly possess, harbor, sell, barter, transfer, exchange or import any wild animal for use as a pet in New York state, except that any person who possessed a wild animal for use as a pet at the time that this section went effect may retain possession of such animal for the remainder of its life. Certain other entities are also excepted from this ban. Statute
PA - Endangered Species - Chapter 104. Wild Resource Conservation 34 Pa.C.S.A. § 2167; 34 Pa.C.S.A. § 2924; 34 Pa.C.S.A. § 925; 32 P.S. §§ 5301 - 14 This set of Pennsylvania laws comprises the state's endangered species provisions. Section 2167 makes it unlawful for any person to bring into or remove from this Commonwealth, or to possess, transport, capture or kill, or attempt, aid, abet or conspire to capture or kill, any wild bird or wild animal, or any part thereof, or the eggs of any wild bird, which are endangered or threatened species. It is the duty of every officer having authority to enforce this title to seize all wild birds or wild animals, or any part thereof, or the eggs of any wild bird, which have been declared endangered or threatened. Any commerce in endangered species is also prohibited. For a first violation, a person may have his or her hunting privileges revoked for 7 years. A second violation during that period may result in forfeiture of the privilege to hunt for 10 years. A third violation brings the forfeiture to 15 years. Statute
SC - Exotic pets - Chapter 2. Large Wild Cats, Non-Native Bears and Great Apes Code 1976 § 47-2-10 to 70 This South Carolina chapter, effective January 1, 2018, makes it unlawful for a person to possess, keep, purchase, have custody or control of, breed, or sell within this State a large wild cat, non-native bear, or great ape, including transactions conducted via the Internet. A person in possession of such animal before January 1, 2018 who is the legal possessor of the animal may keep possession if he or she complies with seven conditions listed under Section 47-2-30. Authorities may confiscate large wild cats, non-native bears, or great apes held in violation of this chapter. Cities or counties may also adopt more restrictive ordinances than this chapter. A person who violates this chapter must be fined not more than $1,000 or imprisoned for not more than 30 days for a first offense, and must be fined not more than $5,000 or imprisoned for not more than 90 days for a second offense. Exempted entities include certain non-profit animal protection organizations, university research labs holding Class R registration under the AWA, any person who possesses a valid USDA Class A, B, or C license in good standing, and circuses that are incorporated and hold a Class C license under the AWA that are temporarily in this State, among others. Statute
FL - Rehabilitation, wildlife - 68A-9.006. Wildlife Rehabilitation Permit. 68 FL ADC 68A-9.006 Rule 68A-9.006, F.A.C. This Florida regulation sets forth the requirements to obtain a permit for wildlife rehabilitation. Administrative

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