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Displaying 41 - 50 of 6637
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| CA - Historical - 1872: Cruelty to Animals | Enacted February 14, 1872 (almost identical with Field's Draft, Section 699), and then read: "Every person who maliciously kills, maims, or wounds an animal, the property of another, or who maliciously and cruelly beats, tortures, or injures any animal, whether belonging to himself or another, is guilty of a misdemeanor." | Historical | ||
| RI - Equine Activity Liability - Chapter 21. Exemption from Liability Arising from Equine Activities | Gen. Laws, 1956 § 4-21-1 to 4 | RI ST § 4-21-1 to 4 | This Rhode Island section provides that an equine professional, or any other person, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities unless the equine activity sponsor, professional or other person are demonstrated to have failed to exercise due care under the circumstances towards the participant. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. | Statute |
| NC - Licenses - Chapter 160A. Cities and Towns. | N.C.G.S.A. § 160A-212 | NC ST § 160A-212 | This North Carolina statute provides that a city shall have power to levy an annual license tax on the privilege of keeping any domestic animal, including dogs and cats, within the city. However, this section shall not limit the city's authority to enact related ordinances. | Statute |
| CA - Divorce - § 2605. Care and ownership of pet animal | West's Ann. Cal. Fam. Code § 2605 | CA FAM § 2605 | This California law, effective January of 2019, allows to court to enter an order, at the request of a party, for a party to care for the pet animal prior to the entry of a final order. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court's final determination of ownership of the pet animal. | Statute |
| Kleppe v. New Mexico | 426 U.S. 529 (1976) |
The state of New Mexico challenged the constitutionality of the Wild Free-Roaming Horses and Burros Act after they were ordered by the U.S. government to recover several wild horses they had rounded up from public lands within their state and sold at auction in violation of the WFRHBA. The Supreme Court upheld the Act, finding it to be a valid exercise of federal power under the Article IV Property Clause of, which gave Congress the power to protect wildlife on state lands, state law notwithstanding. |
Case | |
| DC - Restaurant - Subchapter VII. Dining with Dogs. | DC CODE § 8-1865.01, .02 | These laws from 2018 allow food establishments in D.C. to permit dogs in outdoor dining areas of food establishments or unenclosed sidewalk cafés. These establishments must post signage outside that states dogs are permitted along with any restrictions on dogs based on size or temperament. They must also provide an entrance that does not require dogs to enter an indoor dining area or an area in which food is being stored or prepared to access the outdoor dining area and provide patrons with waste bags and a means of proper disposal. Patrons must keep their dog in a carrier or on a leash at all times and never leave the dogs unattended. | Statute | |
| OH - Cruelty - Consolidated Cruelty Statutes | R.C. § 959.01 - 959.99 | OH ST § 959.01 - 959.99 | These statutes comprise Ohio's anti-animal cruelty and animal fighting provisions. Included in the prohibited acts are abandoning domestic animals, willfully injuring or poisoning domestic or agricultural animals, drugging animals in competition, and "cruel" acts to both wild and domestic animals as defined by statute. The section also prohibits dogfighting and cockfighting. | Statute |
| MI - Cruelty - Consolidated Cruelty Statutes (MCL 750.49 - 70) | M. C. L. A. 750.49 - 70a; M.C.L.A. 750.158 | MI ST 750.49 - 70a; 750.158 | The Michigan Legislature has designed three primary provisions related to cruelty to animals: intentional infliction of pain and suffering, duty to provide care, and anti-animal fighting. The intentional infliction of pain and suffering provision carries the most severe penalties for animal cruelty and a violation is automatically a felony. A violation of the duty to provide care provision is initially a misdemeanor, which becomes a felony for a second or subsequent violation. A violation of the anti-animal fighting provision is either a misdemeanor or a felony, depending on the severity of conduct related to fighting. The provision does not apply to the lawful killing of livestock or customary animal husbandry of livestock, or lawful fishing, hunting, trapping, wildlife control, pest or rodent control, and animal research. | Statute |
| U.S. v. One Afghan Urial Ovis Orientalis | 964 F.2d 474 (5th Cir. 1992) |
Claimant appeals the order granting summary judgment to the government in a order of forfeiture under the Lacey Act for the hide and parts of a sheep killed in Pakistan and exported to the U.S. Claimant argues that because there is no national Pakistani law enacted for the protection of wildlife, no Pakistani law interferes with his right to remove the respondent sheep from Pakistan based upon the provincial permit. The court disagreed, noting the Pakistan Constitution honors provincial law to the extent that it does not conflict with national law and Pakistani law prohibits the export of "wild animal skins and garments made from such skins, products or derivatives of such skins." The Court held that the Government established probable cause for the forfeiture, and Claimant did not demonstrate that any genuine issue of material fact exists which would preclude the award of summary judgment. |
Case | |
| Animal Legal Defense Fund v. Reynolds | 297 F.Supp.3d 901 (S.D. Iowa Feb. 27, 2018) | 2018 WL 1151000 (S.D. Iowa Feb. 27, 2018) | In 2012, Iowa passed a statute (Iowa code § 717A.3A) that criminalized gaining access to agricultural facilities under false pretenses and making a false representation on a job application for those facilities. Plaintiffs in this case (animal rights groups including the Animal Legal Defense Fund and PETA) brought suit alleging that the statute was unconstitutional and sought to enjoin the Defendants (governor of Iowa) from enforcing it. Their complaint alleged that the statute violates the First Amendment as discrimination on the basis of content, the Equal Protection Clause of the Fourteenth Amendment by targeting animals rights groups, and violates the Due Process Clause of the Fourteenth Amendment by burdening the freedom of speech. This case decides the Defendants’ motion to dismiss the Plaintiffs’ complaint based on lack of standing and failure to state a claim because the outlawed conduct is not protected by the First Amendment as false statements and is rationally related to the legitimate government interest of protecting private property, thereby not violating the Fourteenth Amendment. The court denies Defendants' motion with respect to the First Amendment, concluding that Plaintiffs have plausibly alleged the intent to suppress their message because of their viewpoint. However, the court grants the motion to dismiss for the claim of a Fourteenth Amendment violation because the statute in fact serves a legitimate government purpose in protecting private property. | Case |