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Title Citation Alternate Citation Agency Citation Summary Type
Derecho Animal Volume 11 Núm 3

Tabla de contenidos

 

Editorial

 

Presentación del volumen 11/3 (2020)

Marita Giménez-Candela

7 - 9

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10 - 12

PDF (English)

Policy
VA - Restaurants, animals - 2 VAC 5-585-3310. Prohibiting animals. 2 VA ADC 5-585-3310 2 VAC 5-585-3310 This Virginia regulation states that dogs may be allowed in outdoor dining areas if: (1) the outdoor dining area is not enclosed with floor-to-ceiling walls; (2) there is a separate entrance; (3) there is a sign at the main entrance stating that dogs are allowed in the outdoor dining area that is easily observable by the public; (3) food and water provided to dogs is served using equipment not used for human food service or is put in single-use receptacles; (4) dogs are not allowed to sit on chairs, benches, seats, or tables; (5) dogs are kept on a leash or within a pet carrier and under the control of adults at all times; (6) the establishment provides a means for picking up dog messes; and (7) there is a sign outlining some of these requirements observable to the public. Administrative
RSPCA v. Stojcevski 2002 WL 228890, 134 A Crim R 441 2002 SASC 39

Appeal against the order of the Magistrate dismissing a complaint - prevention of cruelty to animals - respondent charged with ill treating an animal in that failed to take reasonable steps to alleviate any pain suffered by the animal who had a fractured leg bone contrary to sec 13(1) of the Prevention of Cruelty to Animals Act 1985. Dismissal was upheld and court found that defendant did not understand dog was in pain and had and was going to take reasonable steps.

Case
OK - Health - Subchapter 3. Rabies Control OK ADC 310:599-3-1 to 12 Okla. Admin. Code 310:599-3-1 to 12 These regulations contain Oklahoma's rabies provisions. Administrative
EU - Farming - COUNCIL DIRECTIVE 93/119/EC on the protection of animals at the COUNCIL DIRECTIVE 93/119/EC

This directive reflects the EU's concern for a need to establish common minimum standards for the protection of animals at the time of slaughter or killing in order to ensure rational development of production and to facilitate the completion of the internal market in animals and animal products. The directive also states that at the time of slaughter or killing animals should be spared any avoidable pain or suffering.

Statute
Cascadia Wildlands v. Dep't of Fish and Wildlife 455 P.3d 950 (Or.App., 2019) 300 Or.App. 648 (Or.App., 2019) Oregon Fish and Wildlife Commission ("Respondent") removed the species Canis lupus (gray wolf) from the list of species protected under the Oregon Endangered Species Act (OESA). Cascadia Wildlands, Center for Biological Diversity, and Oregon Wild ("Petitioners") sought judicial review of the amendment to Oregon law. The Petitioners contended that the decision to delist exceeded the commission’s statutory authority and did not comply with applicable rulemaking procedures. After the Petitioners filed their petition, the Oregon legislature passed House Bill 4040 which ratified the administrative rule that the Respondent promulgated delisting the gray wolf. The Respondents argued that the passage of the bill made the Petitioners' petition for judicial review moot. The Petitioners argued that the Oregon law ratifying the administrative rule had no legal effect and was merely an expression of legislative agreement. The Court held that the legislature using the word “ratify” in the statute indicated that they intended to confirm that the Commission’s rule delisting the gray wolf was legally satisfied, therefore, rendering judicial review moot. The Petitioners also contended that the statute violated the separation of powers because the statute performed an entirely judicial function by neither appealing nor amending the statute. Petitioners asserted that evaluating whether a particular agency satisfied requirements of law is a fact-specific inquiry which is reserved for the court. The Court held that the statute did not violate the separation of powers. The Court ultimately held that the Petitioners' rule challenge was moot. The petition for judicial review was ultimately dismissed. Case
AK - Unalaska - Title 12: Animal Control (Chapter: 12.04: Animal Control) Unalaska Code of Ordinances §§ 12.04.020, 12.04.150, 12.04.160 Under this Unalaska, Alaska ordinance, a person who owns a seeing-eye dog, a hearing aid dog, or other aid dog is exempt from the license fees. Furthermore, this ordinance exempts such dogs from provisions that prohibit animals from entering certain places as long as the owner carries proper documentation certified by a recognized aid dog institution. Local Ordinance
RI - Shark - § 20-1-29. Trade in shark fins Gen.Laws 1956, § 20-1-29 RI ST § 20-1-29 This Rhode Island law, effective in 2017, prohibits the possession, sale, offering for sale, trading, or distribution of shark fin. “Shark fin” means the raw, dried, or otherwise processed detached fin or the raw, dried, or otherwise processed detached tail of a shark. Even if a person holds a license to take sharks, he or she must immediately destroy any shark fin separated from the shark unless used by the person for the purposes of taxidermy and subsequent display. Violation incurs a fine or not less than $500 nor more than $1,000 imprisonment of up to 90 days, or both. Statute
Cottongame v. State 2014 WL 3536801 (Tex. App. 2014), unpublished 2014 WL 3536801 (Tex. App. July 17, 2014), MEMORANDUM OPINION DO NOT PUBLISH Tex.R.App. P. 47.2(b) Despite an ordinance restricting the number of cats a person can own to three unless a permit was obtained, an officer decided not to enforce the ordinance against the appellant because she was helping with the feral-cat problem in the city and because “she was ... attempting to bring into compliance [her] animal rescue.” When the officer left his job, however, a neighbor complained and an investigation took place. The investigating officer noted everything in the house was covered in cat litter, there was no carpet in the home, and cat urine was on the living-room floor. The smell of cat urine and feces also sickened the officer to the point that he had to leave the house to get fresh air. The State filed a complaint alleging Appellant's violation of the ordinance. A jury found Appellant guilty of the offense as alleged in the complaint and assessed her punishment at $75 plus court costs. Appellant appealed from her conviction for violating a city ordinance regarding the number of animals that may be kept without a permit. In her first issue, the appellant asserted that her conviction violated the Privileges or Immunities Clause of the Fourteenth Amendment because the city “selectively enforced its purported ordinance that prohibits any person from having possession of more than three cats without a permit.” The court, however, found that there was no evidence before the trial court indicating that appellant was singled out for enforcement or that her selection for enforcement was based on anything other than a valid citizen complaint. In her second issue, the appellant argued that the evidence was insufficient to support her conviction. The court, however, found that the evidence was sufficient to support the jury's finding that the appellant was in violation of the ordinance. The lower court’s decision was therefore affirmed. Case
US - Endangered Species - Subpart E - Similarity of Appearance 69 FR 4557 50 C.F.R. § 17.50 to .52 This Subpart of the ESA regulations allows the designation of a species, which is not Endangered or Threatened but closely resembles an Endangered or Threatened species, as a "de facto" Endangered or Threatened species if the director of the USFWS determines the listing is necessary. Factors that influence this decision include the degree of difficulty enforcement personnel would have in distinguishing the species from an Endangered or Threatened species (including those cases where the criteria for recognition of a species are based on geographical boundaries); the additional threat posed to the Endangered or Threatened species by the loss of control occasioned because of the similarity of appearance; and the probability that so designating a similar species will substantially facilitate enforcement and further the purposes and policy of the Act. Administrative

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