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Displaying 101 - 110 of 369
Title Citation Alternate Citation Agency Citation Summary Type
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 V. T. C. A., Occupations Code § 2152.001 - 202 (Repealed 2015) TX OCC § 2152.001 - 202 Note chapter repealed: Repealed by Acts 2015, 84th Leg., ch. 1 (S.B. 219), § 5.318(14), eff.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
IN - Wild Animal - Rule 11. Wild Animal Possession Permits. Ind. Admin. Code tit. 312, r. 9-11-1 to 15 312 IAC 9-11-1 to 15 This chapter of regulations provides the rules and requirements for possession of wild animals in Indiana. Administrative
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
NE - Exotic pets - Chapter 37. Game and Parks. Article 4. Permits and Licenses. (B) Special Permits and Licenses. Neb. Rev. St. § 37-477 to 37-482 NE ST § 37-477 to 37-482 This set of Nebraska laws provides that no person shall keep in captivity any wild bird or mammal that is either in need of conservation or listed as an endangered or threatened species. Further, no person shall keep in captivity in this state any wolf, any skunk, or any member of the families Felidae (except the domestic cat) and Ursidae (the bear family). Any person legally holding in captivity, on March 1, 1986, any such animal subject to the prohibition shall be allowed to keep the animal for the duration of its life. The section also outlines the legal requirements for obtaining and maintaining captive wildlife. Statute
VA - Cruelty - Consolidated Cruelty Statutes Va. Code Ann. §§ 3.2-6500 - 6590; Va. Code Ann. § 18.2-361; § 18.2-144.1 These Virginia statutes set forth Title 3.2, the Comprehensive Animal Care laws, which include the state's anti-cruelty and animal fighting provisions. For the purposes of Sec. 3.2-6570, the operative animal cruelty law, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner. The section has a misdemeanor animal cruelty law as well as a felony provision related to torture or willful infliction of cruelty. The section requires companion animal owners to provide adequate care. Statute
US - AWA - Part 2. Regulations. Subparts A to I 9 C.F.R. § 2.1 to .134 This set of the regulations sets out the requirements and process for licensing and registration of dealers, exhibitors and research facilities. Administrative
In Defense of Animals v. Oregon Health Sciences University 112 P.3d 336 (Or. 2005) 199 Or.App. 160 (2005)

A nonprofit corporation petitioned the trial court for injunctive and declaratory relief regarding fees charged by a state university primate research center for document inspection.  The circuit court dismissed the action with prejudice, reasoning it lacked subject matter jurisdiction over the fee issue and, assuming jurisdiction existed, the fees were in compliance with law.  The Court of Appeals reversed and remanded, holding the circuit court had jurisdiction to review the basis, reasonableness and amount of fees charged by the university.

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
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
AK - Fish and Game - Chapter 05. Fish and Game Code AS § 16.05.150; § 16.05.255, § 16.05.270, § 16.05.920; § 16.05.925, § 16.05.940 AK ST § 16.05.150; § 16.05.255, § 16.05.270, § 16.05.920; § 16.05.925, § 16.05.940 These provisions concern Alaska's Department of Fish and Game (DFG). The enforcement authority is defined and another statute gives power to the Board of Game to adopt regulations for game animals. Under Sec. 16.05.920, a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a nest or egg of fish or game unless permitted by regulation. "Game" is defined as any species of bird, reptile, and mammal, including a feral domestic animal, found or introduced in the state, except domestic birds and mammals. Statute

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