Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| CA - Abandonment - § 597s. Abandonment of animals | West's Ann. Cal. Penal Code § 597s | CA PENAL § 597s | This statute makes it a misdemeanor to willfully abandon an animal, but does not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game. | Statute |
| Silver v. State | 23 A.3d 867 (Md. App., 2011) | 2011 WL 2437286 (Md. App., 2011); 420 Md. 415 (2011) |
Defendants were sentenced by the District Court after pleading guilty to one count of animal cruelty. After defendants were convicted in the Circuit Court, they petitioned for a writ of certiorari. The Court of Appeals held that the Circuit Court could order that defendants pay restitution for the euthanasia cost for the deceased horse, but it was beyond the court’s authority to order defendants pay restitution for costs of caring for the two surviving horses because defendants had not been convicted in those cases. The court also held that the trial court did not abuse its discretion in refusing to strike officer's testimony for prosecutor's failure to provide the officer's written report prior to trial. Finally, photos and testimony regarding the surviving horses were “crime scene” evidence and not inadmissible “other crimes” evidence because the neglect of the surviving horses was part of the same criminal episode. |
Case |
| Scott v. Jackson County | 403 F.Supp.2d 999 (D.Or.,2005) |
On July 22, 2003, plaintiff filed suit alleging violations of her constitutional rights under 42 U.S.C. § 1983, various state common law claims, and violation of the Oregon Property Protection Act (plaintiff's neighbor complained to animal control in May 2001 after hearing the rabbits "screaming and dying"). Plaintiff's claims arise from the seizure of over 400 rabbits from her property, and the subsequent adoption and/or euthanasia of these rabbits. Defendants move for summary judgment on grounds of qualified immunity, failure to allege the proper defendant, and failure to provide notice under the Oregon Tort Claims Act. In granting defendants' motion for summary judgment, the Court found that even if the officers' entry and seizure of plaintiff's property was unlawful, they reasonably believed their actions to be lawful, therefore affording them qualified immunity protection. Further, the court found no taking occurred where the rabbits were euthanized and/or adopted out as part of a initial criminal forfeiture action. |
Case | |
| CT - Vehicle - § 14-272b. Transport of dogs in pick-up trucks. Restrictions | C. G. S. A. § 14-272b | CT ST § 14-272b | This Connecticut law prohibits any person from transporting a dog in the open bed of a pick-up truck unless the dog is secured in a cage or other container to prevent it from jumping out of the truck. | Statute |
| Mejia v. State | 681 S.W.2d 88 (Tex. App. 1984). |
Rooster fighting case. Testimony from the defendant's witness, a sociologist that argued cockfighting is not generally thought of as an illegal activity, was irrelevant in cruelty to animals conviction. Statute is not unconstitutionally vague. |
Case | |
| California Veterinary Medical Ass'n v. City of West Hollywood | 61 Cal. Rptr. 3d 318 (2007) | 152 Cal. App. 4th 536; 2007 WL 1793052 (Cal.App. 2 Dist.), 152 Cal.App.4th 536 | This California case centers on an anti-cat declawing ordinance passed by the city of West Hollywood in 2003. On cross-motions for summary judgment the trial court concluded West Hollywood's anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement. On appeal, however, this Court reversed, finding section 460 of the veterinary code does not preempt the ordinance. Although section 460 prohibits local legislation imposing separate and additional licensing requirements or other qualifications on individuals holding state licenses issued by agencies of the Department of Consumer Affairs (DCA), it does not preclude otherwise valid local regulation of the manner in which a business or profession is performed. | Case |
| State v. Branstetter | 29 P.3d 1121 (Or. 2001) | 332 Or. 389 (Or. 2001) |
In a state prosecution for animal neglect, the trial court ordered forfeiture of the animals to a humane agency. An appeal by the owner of the animals was dismissed by the Court of Appeals for lack of jurisdiction. The Oregon Supreme Court reversed the lower courts and held that the statutes controlling appealable judgments allowed the animal owner to appeal the forfeiture of the animals. |
Case |
| OH - Livestock - Chapter 904. Livestock Care Standards | R.C. § 904.01 - 904.09 | OH ST § 904.01 - 904.09 | These Ohio statutes establish the Ohio livestock care standards board and Ohio livestock care standards fund. The statutes make it illegal to falsify any plans, specifications, data, reports, records, or other information required to be kept or submitted to the director of agriculture or the board. | Statute |
| Colombia - Cruelty - LEY 05, 1972 | Ley 05 de 1972 | This statute creates and regulates the creation of the Boards for Animal Defense. These boards, once legally constituted, become legal persons, with their main goal to raise awareness and educate the community about respect towards animals and animal protection through educational programs. Ley 5, 1972, establishes the creation of these boards as mandatory in all the municipalities in the country, as well as fines and arrests for those who are found responsible for committing cruel acts towards animals. At the same time, it establishes that the police have a duty to assist the Animal Defense Boards in the fulfillment of their goals. These boards are integrated by the Mayor or his/her delegate; the Parish Priest or his slender; the Municipal Representative or his/her delegate; a representative of the Secretary of Agriculture and Livestock of the respective Department; and a delegate chosen by the directives of the local schools. With the creation of these boards, the law seeks to promote educational campaigns that “tend to awaken the spirit of love towards animals that are useful to humans and to avoid cruel acts and unjustified mistreatment and abandonment of such animals." | Statute | |
| Griffith v. State | Griffith v. State, 43 S.E. 251 (G.A. 1903). |
Defendant was indicted under Ga. Penal Code § 703, which prohibited one from instigating, engaging in, or doing anything furtherance of the an act or cruelty to a domestic animal. Ga. Penal Code § 705 defined cruelty as every willful act, omission or neglect, whereby unjustifiable physical pain, suffering, or death is caused or permitted. The court affirmed the conviction, finding that the law provided that a domestic animal, such as a horse, should be sheltered and cared for by his owner. The jury was authorized to find that the defendant willfully abandoned the horse by turning the horse out to the elements, and failing to feed, shelter, or care for the animal. Such conduct was "willful." The court affirmed the judgment of the superior court on the jury's conviction of defendant for cruelty to animals. |
Case |