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Displaying 111 - 120 of 369
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| ZOOLOGICAL SOCIETY OF CINCINNATI v. THE GORILLA FOUNDATION | Slip Copy, 2019 WL 414971 (N.D. Cal. Feb. 1, 2019) | In 1991, the plaintiff, Zoological Society of Cincinnati, transferred a western lowland Gorilla named Ndume who had been living at the Zoo to The Gorilla Foundation (TGF) in Northern California. Ndume was sent to TGF in hopes that he and another gorilla there, named Koko, would mate and produce offspring. That never happened. In 2015, the Zoo and TGF entered into a new written agreement which expressly superseded any prior agreements. The agreement provided that upon the death of Koko, Ndume was to be placed at an institution that is accredited by the Association of Zoos and Aquariums (AZA). TGF is not an AZA accredited institution. KoKo died and the Zoo now wants to transfer Ndume back to the zoo. TGF has not made arrangements for a transfer to be carried out. The Zoo brought this suit seeking specific enforcement of the 2015 agreement and contends that it is entitled to summary judgment in its favor. TGF argued that the agreement was illegal and unenforceable because the transfer would harm Ndume. TGF identified a number of potential risks, particularly, that Ndume has a Balantidium Coli infection. TGF contended that stress could trigger an outbreak which could be fatal. The court was unpersuaded and stated that TGF signed the 2015 agreement less than 3 years before the present dispute arose and that all of the circumstances that TGF contends makes compliance with the agreement risky existed when the agreement was negotiated. TGF also contended that the agreement is impracticable due to unreasonable (non-monetary) costs. However, the Court again stated that TGF knew these facts and circumstances when it entered into the agreement. The Court granted the Zoo's motion for summary judgment and denied TGF's request for a continuance to permit it to take discovery. The parties were ordered to confer and attempt to reach a consensus on as many aspects of the protocol for transporting Ndume to the Zoo as possible. If within 30 days of the date of the order the parties cannot reach a consensus, they will have to file a joint statement setting out any issues on which they have reached a stalemate. | Case | ||
| WI - Exotic pets - Chapter 169. Captive Wildlife | W. S. A. 169.01 - 46 | WI ST 169.01 - 46 | The Wisconsin wildlife laws require a license to take a wild animal from the wild or to import one into the state. A license is also required to exhibit, breed, rehabilitate, hunt, and/or purchase wild animals. Violations can result in fines, forfeiture, and/or imprisonment. | Statute | |
| CA - Circus - § 25989.1. Notice to animal control services agency of performances to be conducted | West's Ann. Cal. Health & Safety Code § 25989.1 | CA HLTH & S § 25989.1 | This California section provides that any traveling circus or carnival must notify entity that provides animal control services for a city, county, or city and county in which the traveling circus or carnival intends to perform of its intent to perform within that jurisdiction at least 14 days prior to the first performance in that city, county, or city and county. Violation results in a fine of $500 - 2,000 for a first violation, and $1,500 - 5,000 for any subsequent violation. | Statute | |
| CA - Exotic pets - § 671. Importation, Transportation and Possession of Live Restricted Animals | 14 CA ADC s 671 | 14 CCR § 671 | California prohibits possession of enumerated species without a permit. Permits are not granted for private pet possession. | Administrative | |
| MT - Cruelty - Consolidated Cruelty Statutes | MCA 45-8-209 - 211; 45-8- 217; 45-8-218; 7-23-4104 | MT ST 45-8-209 to 45-8-211;45-8- 217; 45-8-218; 7-23-4104 | This section comprises Montana's anti-cruelty and dogfighting laws. A person commits the offense of cruelty to animals if he or she knowingly or negligently subjects an animal to mistreatment or neglect; fails to provide an animal in the person's custody with food and water of sufficient quantity or minimum protection for the animal from adverse weather conditions; or, in cases of immediate, obvious, serious illness or injury, fails to provide licensed veterinary or other appropriate medical care. Animal abandonment of a "helpless animal" or abandoning any animal on any highway, railroad, or in any other place where it may suffer is also considered cruelty. A first conviction results in a possible $1,000/1 year imprisonment with graduating penalty enhancements for subsequent convictions. This section does not prohibit a person humanely destroying an animal for just cause or the use of commonly accepted agricultural and livestock practices on livestock (among other things). Section 217 defines aggravated cruelty as either knowingly or purposely killing or inflicting cruelty to an animal with the purpose of terrifying, torturing, or mutilating the animal, or inflicting cruelty to animals on a collection, kennel, or herd of 10 or more animals. | Statute | |
| MS - Exotic Pets - Rule 32. Public Notice No. 3523.002; Dangerous Wildlife | MS ADC 40-2:8.3 | Miss. Admin. Code 40-2:8.3 | The following Mississippi regulations state that it is unlawful for any person to import, transfer, sell, purchase or possess any wild animal classified as inherently dangerous by law or regulation unless that person holds a permit or is exempt from holding a permit; these regulations, therefore, also indicate the requirements that must be met in order to obtain either a permit or an exemption. A violation of this act is a Class I violation and any person who has been convicted of a Class I violation shall be fined anywhere between $2,000.00 and $5,000.00, and shall be imprisoned in the county jail for 5 days. The person must also forfeit all hunting, trapping, and fishing privileges for a period of not less than 12 consecutive months from the date of conviction. Additionally, the regulations make provisions about how a wild animal shall be seized when these provisions have been violated. | Administrative | |
| NM - Cruelty - Consolidated Cruelty Statutes | NMSA 1978, § 30-9A-1 - 3; § 30-18-1 to 30-18-16; NMSA 1978, § 77-18-2 to 4 | NM ST § 30-9A-1 - 3; § 30-18-1 to 30-18-16; NM ST § 77-18-2 to 4 | This section comprises the New Mexico anti-animal cruelty provisions. As used in this section, "animal" does not include insects or reptiles. Cruelty to animals occurs when a person mistreats, injures, kills without lawful justification or torments an animal or abandons or fails to provide necessary sustenance to an animal under that person's custody or control. Extreme cruelty to animals, a fourth-degree felony, consists of a person intentionally or maliciously torturing, mutilating, injuring or poisoning an animal or maliciously killing an animal. Upon conviction, the court may order a person to participate in an animal cruelty prevention program or an animal cruelty education program, or to obtain psychological counseling for treatment of a mental health disorder. In 2023, the state passed a law to outlaw bestiality. | Statute | |
| HI - Importation, quarantine - Chapter 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import | H R S § 150A-5 - 15 | HI ST § 150A-5 - § 150A-15 | These laws concern the importation of animals, plants, and microorganisms into the State of Hawaii. | Statute | |
| TX- Dangerous Animals - G. Caging Requirements and Standards for Dangerous Wild Animals. | 25 TX ADC § 169.131, 132 | 25 TAC § 169.131, 132 | This regulation establishes caging requirements and minimum standards of care for "dangerous wild animals," including: gorillas, chimpanzees, orangutans, baboons, lions, tigers, cheetahs, ocelots, cougars, leopards, jaguars, bobcats, lynxes, servals, caracals, hyenas, bears, coyotes, jackals, and all hybrids thereof. | Administrative | |
| MI - Livestock - Chapter 287. Animal Industry. Animal Industry Act | M. C. L. A. 287.701 - 747 | MI ST 287.701 - 747 | This Michigan act is known as the "Animal Industry Act." The act is intended to protect the health, safety, and welfare of humans and animals, by requiring disease testing of imported animals, certification, and reporting of infected animals. A newly amended section (287.746) also concerns the tethering or confinement of animals such as pregnant sows and veal calves in manners that restrict lying, standing, fully extending limbs, or turning freely. | Statute |