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Displaying 71 - 80 of 568
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| C., M. M. M. s/ Denuncia Maltrato Animal; seguidos contra E. P. S., D.N.I. N° X- Causa Tita | Fallo 481/2021 | This court decision has two important aspects, where the judge recognizes families as multispecies, and non-human animals as sentient beings and subjects of rights. The facts of this case arose from a fatal encounter between the police officer and "Tita," a Pitbull-mix family dog, in March 2020 in the Province of Chubut in Argentina. "Tita" attacked an on-duty police officer, and, when Tita was walking away, the officer shot her in front of her family. The injury was so severe that Tita had to ultimately be put down. The judge, in this case, found that Tita was a non-human person and a daughter to her human family, as she and other companion animals had adapted so well to the family life, that it had turned the family into a multispecies one. Therefore, the loss of Tita was an irreparable one. The judge further stated that in today's world animals are not "things," they are sentient beings and they have the right that their life is respected. The holding of the court was also based on the case of Sandra, the orangutan, and the Universal declaration of animal rights. The police officer was sentenced to one year of suspended imprisonment, professional disqualification for two years, and to pay the attorney and court fees for the crimes of abuse of authority and damages. However, he was acquitted of the animal cruelty charges. Update: In September 2022, the Chubut's criminal chamber of the Superior Court of Justice (the highest tribunal in the province) heard the case on appeal. The court affirmed the verdict of the Trelew’s criminal chamber that set aside the guilty verdict entered against the police officer. The highest tribunal found that, at the incident, Tita was unleashed and unmuzzled. Also, she was aggressive toward the officer, barking and charging at him before he shot her. The tribunal concluded that the officer found himself in imminent danger, which justified his actions, and therefore, he was not guilty as he acted to defend himself. The tribunal found that Sandra's case and the Universal declaration of animal rights did not apply to Tita's case because there were circumstances in which it is necessary to end the life of an animal, and Sandra’s case was brought up as a habeas corpus on behalf of a hominid primate. The recognition of “subject of rights” was granted to Sandra based on the genetic similarity of her species to humans, which is 97%, as opposed to canines’ which is only 75%. It is important to note that the tribunal did not say anything in regard to the status of Tita as a member of her multispecies family. | Case | |
| CA - Animal Control - Chapter 4. Animal Control | West's Ann.Cal.Health & Safety Code §§ 121875 - 121945 | CA HLTH & S §§ 121875 - 121945 | Beyond being domestic pets, dogs provide many services to humans, such as tracking scents and guarding facilities. Below is a collection of California laws, collectively known as the Dog Act, that set out definitions, requirements, and penalties relating to guard dogs, tracking dogs, narcotics dogs, sentry dogs and the people who handle them. | Statute |
| CA - Bite - Title 10. Of Crimes Against the Public Health and Safety (Dog Bite Laws) | West's Ann. Cal. Penal Code § 398 - 399.5 | CA PENAL § 398 - 399.5 | If an owner of an animal knows that the animal bit another person, s/he shall provide the other person with his or her contact information and information about the animal. A violation is an infraction punishable by a fine. If any person who owns an animal and knows of its vicious propensities, allows it to run at large and the animal kills any person, the owner may be guilty of a felony. The court may order the removal of the animal or its destruction. | Statute |
| CA - Dangerous - California Dangerous Dog Statutes | West's Ann. Cal. Food & Agric. Code § 31601 - 31683; West's Ann. Cal. Civ. Code § 3342 - 3342.5; West's Ann. Cal. Health & Safety Code § 121685; West's Ann. Cal. Penal Code § 398 - 399.5 | CA FOOD & AG § 31601 - 31683; CA CIVIL § 3342 - 3342.5; CA HLTH & S § 121685;CA PENAL § 398 - 399.5 | This is the California statute for the rules and regulations regarding dangerous and/or vicious dogs. It defines what constitutes a dangerous and/or vicious dog, what is to be done with said dog(s), and provides a model provision for municipalities to follow. The other set of provisions contains the relevant dog bite law. California has strict liability for dog bites such that liability is imposed regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. | Statute |
| CA - Dog Park - § 831.7.5. Liability of public entity owning or operating a dog park; actions of a dog in the dog park | West's Ann.Cal.Gov.Code § 831.7.5 | This law in the Government Code states that a public entity that owns or operates a dog park shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in the dog park. | Statute | |
| CA - Dog, dangerous - § 31625. Seizure and impoundment pending hearing | West's Ann.Cal.Food & Agric.Code § 31625 | CA FOOD & AG § 31625 | This California statute allows an animal control officer or law enforcement officer to seize and impound the dog pending hearing if there is probable cause to believe the dog poses an immediate threat to public safety. The owner or keeper of the dog shall be liable to the city or county where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious. | Statute |
| CA - Dogs - Consolidated Dog Laws | West's Ann.Cal.Food & Agric.Code § 30501 - 31683; West's Ann. Cal. Fish & G. Code § 3508; 3960 - 3961; West's Ann. Cal. Gov. Code § 38792; West's Ann. Cal. Gov. Code § 25803; West's Ann. Cal. Civ. Code § 3340 - 3342.5 | These statutes represent California's dog laws. Included are provisions on county control of dogs, licensing, killing and seizure of dogs, and laws regarding dangerous or vicious dogs. | Statute | |
| CA - Impound - § 53074. Seizure and impoundment of dogs on private property | West's Ann. Cal. Gov. Code § 53074 | West's Ann. Cal. Gov. Code § 53074 | This California statute provides that animal control officer shall not seize or impound a dog on its owner's property for violation of a leash ordinance or issue citations for the violation of such ordinance when the dog has not strayed from the owner's private property. However, if the dog has strayed from the property and later returned to it, an officer may issue a citation if the owner is present or impound the dog if the owner is not present. In the latter circumstance, the officer must leave a notice of impoundment at the residence. | Statute |
| CA - Los Angeles County - Title 10. Animals | Sections 10.04.010 to 10.90.010 |
Title 10 comprises the animal law ordinances for Los Angeles County, California. Chapter 10.08 contains definitions; Chapters 10.12 and 10.16 are the laws pertaining to the Department of Animal Care and Control and its volunteer program. Chapter 10.20 outlines licensing, vaccinations, spaying and neutering requirements for dogs and cats. Chapter 10.32 prohibits animals running at large, and 10.36 contains impoundment procedures. Chapter 10.37 deals with dangerous dogs. Chapter 10.52 contains the laws regarding stockyards and hog ranches. The importation of animals is covered in Chapter 10.56. Tuberculosis and quarantine laws are found in Chapters 10.60 and 10.64. Title 10 also covers sanitation (10.68), animal disease reports (10.72), apiaries (10.76), dogs in open vehicles (10.80), feeding of predators (10.84), interference with police dogs (10.86), and fees (10.90). |
Local Ordinance | |
| CA - Rabies - Chapter 1. Rabies Control. | West's Ann. Cal. Health & Safety Code § 121575 - 121710 | CA HLTH & S § 121575 - § 121710 | This chapter of California laws deals with rabies control. | Statute |