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Displaying 6101 - 6110 of 6637
Title Citation Alternate Citation Agency Citation Summary Type
MS - Ecoterrorism - Animal Research or Exhibiting Facilities Protection Act Miss. Code Ann. § 69-29-301 to 69-29-315 MS ST § 69-29-301 to 69-29-315 This section comprises Mississippi's Animal Research or Exhibiting Facilities Protection Act. The act prohibits a person, without the effective consent of the owner, to acquire or otherwise exercise control over an animal facility with the intent to deprive the owner of the facility, animal or property and to disrupt or damage the enterprise conducted at the animal facility. A person is also prohibited from entering and remaining concealed at a facility with the intent to damage or disrupt the facility. Violation for damaging a facility is a fine of up to $10,000 and/or imprisonment for up to 3 years. Violation for illegal entry with an intent to damage or disrupt the facility results in a fine of up to $5,000 and/or imprisonment up to 1 year. Statute
CO - Rehabilitation, wildlife - Chapter 14. Wildlife Rehabilitation. 2 CO ADC 406-14 2 CCR 406-14:1400 to 1407 This set of Colorado rules concerns wildlife rehabilitation licensing. Requirements for wildlife holding enclosures are outlined. The care, treatment, and disposition of wildlife requirements are detailed as well as provisions for releasing wildlife. Administrative
IL - Assistance Animals - Assistance Animal/Guide Dog Laws 510 ILCS 70/2.01c, 2.01d, 4.03, 4.04, 7.15; 720 ILCS 5/48-8; 730 I.L.C.S. 5/3-12-16; 740 I.L.C.S. 13/1, 13/5, 13/10; 775 I.L.C.S. 30/1 - 6; 510 ILCS 5/15.1; 105 I.L.C.S. 5/14-6.02; 210 ILCS 125/32; 625 ILCS 60/5, 60/15; 775 ILCS 5/3-104.1 310 I.L.C.S. 120/1 - 120/120 The following statutes comprise the state's relevant assistance animal and guide dog laws. Statute
State v. Fessenden 310 P.3d 1163 (Or.App., 2013), review allowed, 354 Or. 597, 318 P.3d 749 (2013) and aff'd, 355 Or. 759 (2014) 2013 WL 5352270 (Or.App., 2013); 258 Or. App. 639, review allowed, 354 Or. 597, 318 P.3d 749 (2013) and aff'd, 355 Or. 759 (2014)

This Oregon case considers, as an issue of first impression, whether the emergency aid exception to the warrant requirement applies to animals in need of immediate assistance. Defendant appealed her conviction for second-degree animal neglect (ORS 167.325) based on the condition of her horse. The court found that the emergency aid exception extends to nonhuman animals when law enforcement officers have an objectively reasonable belief that the search or seizure is necessary to render immediate aid or assistance to animals which are imminently threatened with suffering, serious physical injury or cruel death. Here, the deputy sheriff found that the horse was more emaciated than any other horse he had ever seen and there were signs of possible organ failure.

Case
People v. Johnson 305 N.W.2d 560 (Mich. 1981) 104 Mich. App. 629 (Mich. 1981)

Defendant claimed the evidence was insufficient to support his conviction of cruelty to animals, arguing that there was not proof that the horses were under his charge or custody.  While the court agreed and reversed his conviction because he could not be convicted under the statute merely as the owner of the horses, absent proof of his care or custody of the horses, it further explained that the "owner or otherwise" statutory language was designed to punish cruelty to animals without regard to ownership.

Case
OR - Primates - 603-011-0381 Importation of Nonhuman Primates OR ADC 603-011-0381 OAR 603-011-0381 This Oregon regulation provides that no person shall ship, move, or import into this state any nonhuman primates (including, but not limited to, monkeys, baboons, gibbons, chimpanzees, and marmosets) without first obtaining a permit from the Department. Further, all nonhuman primates shipped, moved, or imported into this state shall also be accompanied by an official health certificate certifying that said animals are free from the following human pathogenic agents. Administrative
IN - Domestic Violence - 34-26-5-9 Ex parte orders; authority and jurisdiction of court; relief available I.C. 34-26-5-9 IN ST 34-26-5-9 This Indiana law allows a court to grant ex parte orders for protection in cases of domestic or family violence. Effective July 1, 2017, a court may grant a petitioner the exclusive possession, care, custody, or control of any animal owned, possessed, kept, or cared for by the petitioner, respondent, minor child of either the petitioner or respondent, or any other family or household member. Additionally, the court may prohibit a respondent from removing, transferring, injuring, concealing, harming, attacking, mistreating, threatening to harm, or otherwise disposing of an animal described in subdivision (c)(5). Statute
People for the Ethical Treatment of Animals, Inc. v. United States Department of Agriculture 194 F. Supp. 3d 404 (E.D.N.C. 2016), aff'd sub nom. People for the Ethical Treatment of Animals v. United States Dep't of Agric., 861 F.3d 502 (4th Cir. 2017) 2016 WL 3902745 (E.D.N.C. July 12, 2016) In this case, People for the Ethical Treatment of Animals, In.c (PETA) filed a complaint against the United States Department of Agriculture (USDA) for violating the Administrative Procedure Act (APA). PETA argued that the USDA had violated the APA because the USDA has a “policy, pattern, and practice or rubber stamping” exhibitor license renewals to noncompliant animal exhibitors. Under the APA, any agency action that is found to be “arbitrary, capricious, or an abuse of discretion” must be held unlawful by the courts. The court in this case reviewed the facts of the case in accordance with the Chevron decision. According to the court in Chevron, a court must give deference to an agency if: (1) "the statutory language is silent or ambiguous with respect to the question posed," or (2) "the agency’s answer is based on a permissible construction of the statute.” The statutory language that the court considered in this case was the Animal Welfare Act (AWA) that regulate the transportation, handling, and treatment of animals. Ultimately, the court determined that the AWA was silent with regard to exhibitor renewals and therefore moved to the second step of the Chevron decision. The court found that the AWA does not prohibit the USDA’s administrative renewal process for animal exhibitor licenses. The court held that the USDA did not act arbitrarily or abuse its description when it chose to renew certain exhibitor licenses. As a result, the court rejected PETA’s claim against the USDA. Case
ME - Pet Trusts - Chapter 4. Creation, Validity, Modification and Termination of Trust. 18-B M. R. S. A. § 408 ME ST T. 18-B § 408 This statute represents Maine's pet trust law. The provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. The comment following the text of the statute clarifies what types of animal-related activities qualify as non-charitable versus charitable trusts. Statute
FL - Hunting - 379.302. Private game preserves and farms; regulations; penalties West's F. S. A. § 379.302 FL ST § 379.302 (372.16. Renumbered as 379.302 and amended by Laws 2008, c. 2008-247, § 105, eff. July 1, 2008) This Florida statute provides that any person owning land in this state may establish, maintain, and operate within the boundaries thereof, a private preserve and farm, not exceeding an area of 640 acres, for the protection, preservation, propagation, rearing, and production of game birds and animals for private and commercial purposes. All private game preserves or farms established under the provisions of this section shall be fenced in such manner that domestic game thereon may not escape and wild game on surrounding lands may not enter. Violation of this section results in a misdemeanor and forfeiture of the violator's license to operate for one year. Statute

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