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Title Citation Alternate Citation Agency Citation Summary Type
CA - Abandonment - § 597f. Failure to care for animals; duty of peace or humane officers; West's Ann. Cal. Penal Code § 597f (repealed) CA PENAL § 597f (Repealed in 2022). Every owner of any animal, who permits the animal to be without proper care and attention, shall, on conviction, be deemed guilty of a misdemeanor. It shall be the duty of any peace officer, officer of the humane society, or officer of a pound or animal regulation department of a public agency, to take possession of the animal so abandoned or neglected and care for the animal until it is redeemed by the owner. Every sick, disabled, infirm, or crippled animal, except a dog or cat, may, if after due search no owner can be found therefor, be killed by the officer. all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer or agency to be a veterinarian that ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. Statute
MT - Exotic pets - Chapter 4. Commercial Activities. MCA 87-4-801 to 87-4-808 MT ST 87-4-801 to 87-4-808 This set of Montana laws covers both "roadside menagerie" (any place where one or more wild animals are kept in captivity for the evident purpose of exhibition or attracting trade, excluding an educational institution or a traveling theatrical exhibition or circus based outside of Montana) and "wild animal menagerie" (any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition). The latter definition seems to cover the keeping of those listed species as exotic pets. Under the section, it is unlawful for any person to operate a roadside menagerie or wild animal menagerie without a permit. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25. Statute
SD - Exotic Pets - Chapter 12:68:18 Nondomestic Animal Control ARSD 12:68:18:01 - 09 SD ADC 12:68:18:01 to :09 Any person desiring to import nondomestic mammals into South Dakota for release to the wild to become free roaming nondomestic mammals must obtain an entry permit and obtain a certificate of veterinary inspection issued by a licensed veterinarian in the state of origin. Also, a permit is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, of those of the order Carnivora, all nondomestic members of the Felidae, Canidae, Ursidae, Mustelidae, and Hyaenidae families; of the order Artiodactyla, all nondomestic members; of the order Perissodactyla, all nondomestic members of the order Tapiridae and Rhinocerotidae; of the order Proboscidea, African and Asian elephants; and of the order Primates. Permit costs range anywhere from $10 - 100. The regulations also list procedures for escapes, recordkeeping, and inspection. 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
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
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
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
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
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

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