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Title Citation Alternate Citation Agency Citation Summary Type
WV - Racing - Article 23. Horse and Dog Racing W. Va. Code, § 19-23-9 - 19-23-30 WV ST § 19-23-9 - § 19-23-30 This Act requires a license from the West Virginia Racing Commission in order to conduct horse or dog racing. Anyone who participates or has anything to do with dog racing or horse racing at a licensed track, such as employees and horse/dog owners, must have a permit from the commission. This Act allows for the West Virginia Racing Commission to continue its existence as a public corporation. The Commission has full jurisdiction over and must supervise all horse and dog race meetings and all persons involved in the holding or conducting of horse and dog race meetings. Each county that already permits horse racing must vote and approve dog racing in order for the Commission to issue a license for a racing facility. Statute
Sentencia C-283, 2014 Sentencia C-283/14 This is an unconstitutionality claim against Articles 1º, 2º and 3º of Ley 1638, 2013 that prohibit the use of native and exotic wild animals in circuses. Plaintiffs argued that these Articles violated numerous provisions of the Constitution, including the right to work, right to choose a profession, rights to culture and recreation, and a violation to the freedom private initiative of the owners of the circuses. In decision C-283, the court held that Congress has the power to prohibit certain cultural manifestations that involve animal cruelty. The Court stated that “culture needs to be permanently reevaluated so it can adapt to human evolution, to guarantee of rights and the fulfillment of duties. Especially when the purpose is to eliminate the traces of a marginalized society that has excluded certain individuals and collectives.” The court also stated that the duty to protect animals is not absolute, as its application can be limited by values, principles and constitutional norms in specific cases that are contradictory to the principales. The judge must analyze each case under a reasonableness test, in a way that cultural manifestations can work harmoniously with the rights, principles, and duties established in the legal system. The Court held Article 1 of Ley 1638, 2013 constitutional, and refrains from deciding on the constitutionality of Articles 2 and 3, for lack of evidence to render a decision. Case
VT - Brattleboro - Chapter 3: Animals and Fowl (Article 2: Dogs, Wolf-Hybrids) Brattleboro, Vermont Code of Ordinances, Article 2: Dogs, Wolf-Hybrids, §§ 3-27 to 3-34

In Brattleboro, Vermont, owners or keepers of assistance dogs are exempt from the license surcharge fee, but are still required to pay a basic license fee plus a fee for the statewide rabies program. When obtaining a license, owners or keepers of assistance dogs must provide documentation of their assistance dog’s training. The following ordinances also indicate which dogs are eligible as assistance dogs.

Local Ordinance
Silver v. United States 726 A.2d 191 (D.C. App. 1999)

Appellants were each convicted of cruelty to animals, in violation of D.C. Code Ann. §   22-801 (1996), and of engaging in animal fighting, in violation of §   22-810. On appeal, both appellants contended that the evidence was insufficient to support convictions of animal cruelty, and of animal fighting. The appellate court found that the proof was sufficient. Each appellant also contended that his convictions merged because animal cruelty was a lesser-included offense of animal fighting. The appellate court found that each crime required proof of an element that the other did not. Appellants' convictions did not merge.

Case
RSPCA v Harrison (1999) 204 LSJS 345 [1999] SASC 363

The respondent was the owner of a dog which was found with skin ulcerations, larval infestations and saturated in urine. On appeal, it was found that the trial judge failed to give proper weight to cumulative circumstantial evidence as to the respondent's awareness of the dog's condition. It was also found that 'illness' was intended to cover a wide field of unhealthy conditions and included the larval infestation. The respondent was convicted and fined.

Case
VT - Hunting - § 4715. Remote-control hunting 10 V.S.A. § 4715 VT ST T. 10 § 4715 This Vermont statute prevents remote-control hunting. No one may take a wild or captive animal using a remote-control hunting device if the person is in Vermont. No person shall establish or operate a remote-control hunting site in Vermont, or import, export, or possess a wild or captive animal to be taken by a remote-control hunting device. Statute
ND - Exotic Pets - Category 3 Species. 48.1-09-06-01. Housing, handling, health, and importation ND ADC 48.1-09-06-01 NDAC 48.1-09-06-01 This North Dakota regulation provides specific rules for Category 3 species of non-traditional livestock. These species include: wild suidae (hogs and pigs); large felids (cats) and hybrids; bears; wolves and wolf-hybrids; venomous reptiles; primates, and nondomestic sheep/goats and their hybrids. Among the provisions include regulations for housing and confinement, importation requirements, and vaccinations. Administrative
Kangas v. Perry 620 N.W.2d 429 (Wis. 2000)

Plaintiff, a passenger of a horse-drawn sled sued the owner of the property on which the accident occurred, as well as the owner of the horses and the sled for the injuries she suffered when thrown from the sled.   The Court of Appeals found that the equine immunity statute provided protection for the owner of the horse against tort liability.   The plain language of the statute provides that immunity from civil liability is available to all persons , “ including an equine activity sponsor or equine professional…”; thus, protection is not limited only to those who are sponsors or professionals, rather they are examples of types of people to whom the statute applies.

Case
US - Wolf - Endangered and Threatened Wildlife and Plants; Regulations for Nonessential Experimental Populations of the Western FR Doc. 04-5248 RIN 1018-AT61

We, the U.S. Fish and Wildlife Service (Service) propose regulations for the nonessential experimental populations of the western distinct population segment (DPS) of the gray wolf (Canis lupus). In addition, we propose regulations so that States with wolf management plans approved by the Service can apply for additional authorities to manage wolves consistent with those approved plans. These proposed regulations would only have effect in States that have an approved State management plan for gray wolves.

Administrative
Pine v. State 889 S.W.2d 625 (Tex. App. 1994).

Mens rea in cruelty conviction may be inferred from circumstances. With regard to warrantless seizure, the Fourth Amendment does not prohibit seizure when there is a need to act immediately to protect and preserve life (i.e. "emergency doctrine").

Case

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