Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| WI - St. Francis - Breed - § 180-5 Dangerous and Vicious Dogs | ST. FRANCIS, WI., MUNICIPAL CODE § 180-5 (2008) |
In St. Francis, Wisconsin, no person may harbor, keep or maintain any pit bull that was not registered and licensed by October 1, 2001. Any person having knowledge that another has an unregistered pit bull must file a sworn affidavit with the Municipal Court Clerk. Owners of pit bulls that are allowed must comply with all provisions applicable to dangerous dogs, such as securely confining the dog, displaying a dangerous dog sign, and if off of the premises, keep the dog muzzled and on a leash. A violation may result in impoundment of the dog, as well as a forfeiture of up to $1,000. |
Local Ordinance | |
| Wilkison v. City of Arapahoe | 926 N.W.2d 441 (Neb.,2019) | 302 Neb. 968 (2019) | Brooke Wilkison (Brooke) got an American Staffordshire Terrier (pit bull) in 2015. In 2016, the city of Arapahoe passed an ordinance regarding dangerous dogs which contained a restriction on owning a Rottweiler or an American Staffordshire Terrier within city limits. The ordinance allowed for dogs licensed prior to January 1, 2017 to be grandfathered in as acceptable. Brooke did not have his dog licensed prior to the that date. Law enforcement told Brooke he could not keep the dog. Brooke filed suit seeking a declaratory judgment and an injunction to prevent Arapahoe from implementing and enforcing the ordinance. The trial court found for Brooke and Arapahoe appealed. Arapahoe's first assignment of error is that the court erred by applying the Fair Housing Act (FHA) to the ordinance. The Court found that Arapahoe was not exempt from the strictures of the FHA. Arapahoe's second assignment of error was that the Court erred by enjoining enforcement of the ordinance against Brooke because Brooke's accommodation is not reasonable and necessary. The Court found that Brooke failed to meet his burden of proof that his requested accommodation is necessary for him to receive the same enjoyment from his home as a non-disabled person would receive. Brooke already owned another dog and the ordinance only covered certain dog breeds. Brooke's other claims for relief were remanded to the district court. In conclusion, the district court erred in entering a declaratory judgment and enjoining Arapahoe from enforcing the ordinance as applied to Brooke. | Case |
| Williams v. Galofaro | 79 So.3d 1068 (La.App. 1 Cir. 11/9/11) | 2011-0487 (La.App. 1 Cir. 11/9/11); 2011 WL 5402984 (La.App. 1 Cir.) |
Housekeeper tripped over the family dog, sustaining injuries. She and her husband sued homeowners and their insurer for damages. The Court of Appeal found for defendants, holding that the dog did not pose an unreasonable risk of harm because plaintiffs did not show that the risk of injury resulting from puppy-like behavior multiplied by the gravity of the harm threatened outweighed the utility of keeping the dog as a pet. |
Case |
| Williams v. Hill | 658 So.2d 381 (Ala.,1995) |
In this Alabama case, a motorcyclist and passenger were injured when they collided with defendant's dog while traveling on public roadway and brought an action for damages. The Circuit Court, Elmore County granted defendant's motion for summary judgment and the motorcyclist and passenger appealed. The Court held that there is no recover at common law, as no negligence was shown. The Court would not accept the proposal that all owners should be charged with the knowledge that dogs will chase cars. “We hold that the owner of a dog may not be charged with the general knowledge that all dogs chase motor vehicles, and therefore that the law will not impute such general knowledge to dog owners in actions for injuries incurred. We, therefore, affirm the defendant's summary judgment.” |
Case | |
| Williams v. Spinola | 622 P.2d 322 (Or.App., 1981) | 50 Or.App. 87 (1981) |
Defendant appeals from a judgment entered on a jury verdict awarding plaintiff $3,600 in compensatory and $4,000 in punitive damages for the unlawful killing of plaintiff's dogs. Defendant contended at trial that the dogs were trying molest her sheep. With regard to defendant's claim on appeal that punitive damages were not appropriate in this case, the court agreed that the issue should not have been submitted to the jury. The court affirmed the jury's finding with regard to denial of defendant's directed verdict, and reversed the award of punitive damages. |
Case |
| Wright v. Schum | 781 P.2d 1142 (Nev.,1989) | 105 Nev. 611 89 A.L.R.4th 359 (Nev.,1989) |
In this Nevada case, an eleven-year-old boy who was a passerby was bitten by a dog. The jury found the owner liable, but trial court judge dismissed the landlord as a defendant. The Supreme Court found the landlord in this case could be liable under general tort obligations because he voluntarily undertook a duty to secure the neighborhood from harm by the dog after he made the tenant promise not to allow the dog outside unless chained. Thus, material questions of fact remained that precluded summary judgment as to whether the landlord breached his duty of care to the public where he allowed the tenant to remain with the dog and then failed to repair the gate that allowed the dog to escape and injure the plaintiff when it was left unchained. |
Case |
| WV - Dangerous - § 19-20-21. License fee for keeping vicious or dangerous dog. | W. Va. Code, § 19-20-9a; § 19-20-20 - 21 | WV ST § 19-20-9a; § 19-20-20 to 21 | These West Virginia statutes provide that any person who owns or harbors any dog, cat or other domesticated animal, whether licensed or unlicensed, which bites any person, shall confine and quarantine the animal for a period of ten days for rabies observation. The state apparently has a prohibition against owning a dangerous dog, such that no person shall own, keep or harbor any dog known by him to be vicious, dangerous, or in the habit of biting or attacking other persons, whether or not such dog wears a tag or muzzle. However, another section provides that any person who keeps a dog which is generally considered to be vicious, for the purpose of protection, shall acquire a special license therefor from the county assessor and then keep the dog restrained/enclosed. | Statute |
| WV - Dangerous - § 20-2-16. Dogs chasing deer | W. Va. Code, § 20-2-16 | WV ST § 20-2-16 | This West Virginia statute states that, except as provided in § 20-2-5j enacted in 2020, no person may permit or use his or her dog to hunt or chase deer. A natural resources police officer shall take into possession any dog known to have unlawfully hunted or chased deer. If the owner of the dog can be determined, the dog shall be returned to the owner. If the owner of the dog cannot be determined, the natural resources police officer shall deliver the dog to the appropriate county humane officer or facility consistent with the provisions of this code. | Statute |
| WV - Dogs - Consolidated Dog Laws | W. Va. Code, §§ 5A-4-4; § 7-7-6d; § 19-9-1 - 40; § 19-20-1 - 26; § 19-20A-1 - 8; § 19-20B-1 - 6; § 19-20C-1 - 3; § 19-20D-1 - 3; § 20-2-5; § 20-2-5f; § 20-2-5j; § 20-2-16; § 20-2-56a | WV ST §§ 5A-4-4; § 7-7-6d; § 19-9-1 - 40; § 19-20-1 - 26; § 19-20A-1 - 8; § 19-20B-1 - 6; § 19-20C-1 - 3; § 19-20D-1 - 3; § 20-2-5; § 20-2-5f; § 20-2-5j; § 20-2-16; § 20-2-56a | These West Virginia statutes comprise the state's dog laws. Among the provisions include registration requirements, rabies control, and hunting laws that impact dogs. | Statute |
| WY - Dangerous - Article 1. In General. (Dangerous Dog Provisions) | W. S. 1977 § 11-31-105 to 108 | WY ST § 11-31-105 to 108 | This Wyoming statute provides that every person, firm, copartnership, corporation or company owning any dog, which to his knowledge has killed sheep or other livestock, shall exterminate and destroy the dog. In addition, the owner of any dog is liable for all damages that accrue to any person, firm or corporation by reason of the dog killing, wounding, worrying or chasing any sheep or other domestic animals belonging to the person, firm or corporation. | Statute |