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Title Citation Alternate Citation Agency Citation Summary Type
AZ - Municipalities - Dog Regulations A.R.S. § 9-240 AZ ST § 9-240 This Arizona statute allows common councils to regulate dogs running at large. Statute
CT - Leash - Control of dogs in proximity to guide dogs. C. G. S. A. § 22-364b CT ST § 22-364b This Connecticut law provides that the owner or keeper of a dog shall restrain and control such dog on a leash when such dog is not on the property of its owner or keeper and is in proximity to a person with a disability accompanied by a service animal, provided such service animal is readily identifiable as a service animal, is in the direct custody of such person and is licensed. Any person who violates the provisions of this section shall have committed an infraction. If an owner or keeper of a dog violates the provisions of this section and, as a result of such violation, such dog attacks and injures the service animal, such owner or keeper shall be liable for any damage done, including veterinary care, replacement of the service animal, and attorney fees. Statute
UK - Welfare - Protection of Animals (Anaesthetics) Act 1964 1964 c. 39

For historical purposes only. Law has been repealed and/or replaced. An Act to amend the Protection of Animals (Anaesthetics) Act 1954.

Statute
Reid v. Kramer Not Reported in N.W. Rptr., 2019 WL 2866091 (Mich. Ct. App. July 2, 2019) In July of 2017, Alpena County Animal Control Officer Michelle Reid, filed a complaint against the respondents alleging that a black and tan German Shepherd named Bruiser had attacked or bit a person. The victim, Joshua Henderson, testified that as he was jogging past the respondents’ house, Bruiser ran toward him and bit his left bicep and left forearm. The Respondents stated that Bruiser had never attacked or bitten anyone before and was raised around children. The prosecutor clarified that euthanization was not being sought at the time, however, the district court found that Bruiser had caused serious injury to Henderson and noted the possibility of Bruiser injuring children in the future and ordered Bruiser to be destroyed. The Respondents appealed to the circuit court, which affirmed the district court’s decision. The Respondents then appealed to the Court of Appeals. The Respondents argued that the circuit court erred in determining that Bruiser was a dangerous animal and that the evidence did not support a finding that Bruiser caused death or serious injury or that he was likely to do so in the future. The Court of Appeals concluded that Bruiser fit the definition of a dangerous animal under the statute, however, the Court agreed with the Respondents that the evidence was insufficient to support a conclusion that Bruiser caused serious injury or was likely to cause death or serious injury in the future. In order for an animal to be destroyed, it must be more than dangerous. Henderson’s injuries consisted of scrapes, puncture wounds, and three stitches. Those injuries did not rise to the level of a “serious injury” as defined under MCL 287.321(e) which defines serious injury as permanent, serious disfigurement, serious impairment of health, or serious impairment of bodily function. The district court did not properly interpret MCL 287.322 and based their decision solely on the fact that Bruiser had bitten someone once and concluded that because of that, the court knew that Bruiser was more likely to do so again. The circuit court erred by affirming the district court’s order because the evidence did not support a finding that Bruiser had caused serious injury or death to a person or that he was likely to do so in the future. The Court of Appeals reversed and remanded to the district court. Case
Hanrahan v. Hometown America, LLC 90 So.3d 915 (Fla.App. 4 Dist.) 2012 WL 2327814 (Fla.App. 4 Dist.)

While walking his dog one evening, the plaintiff's husband was attacked by fire ants. In an attempt to remove the ants off his person, the plaintiff's husband collapsed in the shower. Two days later, he died. As a representative for her husband's estate and in her own capacity, the plaintiff filed a negligence suit against her landlord. After the trial court granted the landlord's motion for summary judgment, the plaintiff appealed. Affirming the lower court's decision, the appeals court reasoned that since the landlord did not harbor, possess, or introduce the fire ants onto the premises, the landlord owed no duty to the plaintiff.

Case
Incidente de apelación en autos G. B., R. s/inf. ley 14346 Causa Nº 17001-06-00/13 This is an appeal of a decision in first instance where the lower court gave the custody of 68 dogs to the Center for Prevention of Animal Cruelty. The 68 dogs were found in extremely poor conditions, sick, malnourished, dehydrated under the custody of the Defendant. Various dogs had dermatitis, conjunctivitis, otitis, sparse hair and boils, lacerations, pyoderma and ulcers. The officers that executed the search also found the decomposing body of a dead dog inside the premises. The lower court determined the defendant had mental disabilities, which did not allow her to comprehend the scope of her acts, for which she was not found guilty of animal cruelty. However, the court determined that she was not suited to care for the dogs. The Defendant appealed the decision arguing that the authorities were not entitled to seize the animals. Case
Wilkins v. Daniels Slip Copy, 2012 WL 6644465 (S.D.Ohio, 2012)

Various owners of exotic and wild animals filed a lawsuit in order to obtain a temporary restraining order and a permanent/preliminary injunction against the Ohio Department of Agriculture and its Director, David Daniels. The owners of the exotic and wild animals argued the Ohio Dangerous Wild Animals and Restricted Snakes Act, which the Ohio Department of Agriculture and its Director were trying to enforce, was unconstitutional. The district court denied the owners’ motion for obtain a temporary restraining order and a permanent/preliminary injunction reasoning that the exceptions to the Act’s ban on owning wild and exotic animals does not violate the owners’ freedom of association rights, that the legislature had a legitimate purpose so as to not violate procedural due process with regards to micro-chipping wild and exotic animals, and that the Act did not constitute an unconstitutional takings. Significantly, the court recognized that owners of wild and exotic animals have a limited or qualified property interest in said animals.

Case
What Can Animal Law Learn from Environmental Law?

 

Policy
CO - Exotic Pets and Wildlife - Chapter 11. Wildlife Parks and Unregulated Wildlife. 2 Colo. Code Regs. 406-11:1100 to 11:1116 2 CCR 406-11:1100 to 11:1116 (Per introduction to regulations). In this introduction to chapter 11 we outline possession requirements for live wildlife as found in Colorado wildlife law. There is growing interest in the private possession of live wildlife. At the same time there is considerable confusion over the laws regarding such private possession. Colorado wildlife law generally prohibits the importation, live possession, sale, barter, trade, or purchase of any species of wildlife native to Colorado (33-6-113(1), C.R.S.). In addition, these same laws restrict or prohibit the importation and possession of exotic (non-native) wildlife (33-6-109(4), C.R.S.); and non-commercial (pet) possession of regulated mammals has been prohibited by these regulations since 1983. The Wildlife Commission also maintains a prohibited species list in Chapter 0. The possession of these species is severely restricted. Administrative
CA - Cruelty - § 597.6. Exotic or native wild cat species; alteration of toes, claws or paws West's Ann. Cal. Penal Code § 597.6 CA PENAL § 597.6 This California law provides that no person may perform, or otherwise procure or arrange for the performance of, surgical claw removal, declawing, onychectomy, or tendonectomy on any cat that is a member of an exotic or native wild cat species, and shall not otherwise alter such a cat's toes, claws, or paws to prevent the normal function of the cat's toes, claws, or paws. Violation results in a misdemeanor punishable by imprisonment for up to one year and/or a fine of up to $10,000. Statute

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