Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Cetacean Cmty. v. President of the United States | 249 F. Supp. 2d 1206 (D.C. Hawaii, 2003) | Plaintiff, a community of whales, dolphins, and porpoises, sued Defendants, the President of the United States and the United States Secretary of Defense, alleging violations of the (NEPA), the (APA), the (ESA), and the (MMPA). The Plaintffs were concerned with the United States Navy's development and use of a low frequency active sonar (LFAS) system. The community alleged a failure to comply with statutory requirements with respect to LFAS use during threat and warfare conditions. | Case | ||
| FL - Rehabilitation, wildlife - 68A-9.006. Wildlife Rehabilitation Permit. | 68 FL ADC 68A-9.006 | Rule 68A-9.006, F.A.C. | This Florida regulation sets forth the requirements to obtain a permit for wildlife rehabilitation. | Administrative | |
| CA - Housing - Pet Friendly Housing Act of 2017 | West's Ann. Cal. Health & Safety Code § 50466 | CA HLTH & S § 50466 | The California Department of Housing and Community Development requires each housing development to authorize a resident of the housing development to own or maintain one or more common household pets within a resident's dwelling unit. | Statute | |
| People v. Gordon | 85 N.Y.S.3d 725, (N.Y.Crim.Ct. Oct. 4, 2018) | 61 Misc.3d 966, 2018 N.Y. Slip Op. 28306, 2018 WL 4837574 (N.Y.Crim.Ct. Oct. 4, 2018) | This New York case reflects Defendant's motion to dismiss the "accusatory instrument" in the interests of justice (essentially asking the complaint to be dismissed) for violating Agricultural and Markets Law (AML) § 353, Overdriving, Torturing and Injuring Animals or Failure to Provide Proper Sustenance for Animals. Defendant's primary argument is that she is not the owner of the dog nor is she responsible for care of the dog. The dog belongs to her "abusive and estranged" husband. The husband left the dog in the care of their daughter, who lives on the second floor above defendant. When the husband left for Florida, he placed the dog in the backyard attached to his and defendant's ground floor apartment. The dog did not have proper food, water, or shelter, and slowly began to starve resulting in emaciation. While defendant asserts she has been a victim of domestic violence who has no criminal record, the People counter that defendant was aware of the dog's presence at her residence and allowed the dog to needlessly suffer. This court noted that defendant's motion is time-barred and must be denied. Further, despite the time bar, defendant did not meet her burden to dismiss in the interests of justice. The court noted that, even viewing animals as property, failure to provide sustenance of the dog caused it to suffer needlessly. In fact, the court quoted from in Matter of Nonhuman Rights Project, Inc. v. Lavery (in which denied a writ of habeas corpus for two chimpanzees) where the court said "there is not doubt that [a chimpanzee] is not merely a thing." This buttressed the court's decision with regard to the dog here because "he Court finds that their protection from abuse and neglect are very important considerations in the present case." Defendant's motion to dismiss in the interest of justice was denied. | Case | |
| VA - Impound - § 3.2-6547. Acceptance of animals for research or experimentation; prohibition | Va. Code Ann. § 3.2-6547 | VA ST § 3.2-6547 | This Virginia statute provides that no animal bearing a tag, license or tattooed identification shall be used or accepted by any person for the purpose of medical research or experimentation, unless the individual who owns such animal consents in writing. | Statute | |
| OH - Humane Slaughter - Chapter 945. Humane Slaughter of Livestock. | R.C. § 945.01 - 99 | OH ST § 945.01 - 99 | These laws comprise Ohio's humane slaughter provisions. After July 1, 1967, no method of slaughtering livestock or handling in connection with the commercial slaughtering of livestock shall be utilized unless it is humane. Humane methods are defined as those that render animals insensible to pain by a single blow or gunshot or an electrical, chemical, or other means that is rapid and effective. Slaughter in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain is also allowed. Violation of the act results in a fine of not more than one hundred dollars. | Statute | |
| Bohan v. Ritzo | 679 A.2d 597 (N.H.,1996) | 141 N.H. 210 (N.H.,1996) |
In this New Hampshire case, a bicyclist brought suit against a dog owner under the state's strict liability statute for injuries he sustained when he fell from his bike after the owners' dog ran toward him. The jury awarded him $190,000 at trial. On appeal, this court found that the bicyclist's allegations were sufficient to sustain the jury's finding even though there was no evidence that the dog actually bit the plaintiff or made any physical contact. The Court held that there is nothing in the plain language of RSA 466:19 that would limit the statute's application actual bites or other direct physical contact. Instead, the statute makes dog owners strictly liable to “[a]ny person to whom ... damage may be occasioned by a dog not owned or kept by him.” RSA 466:19. |
Case | |
| Huff v. Dyer | 297 Ga.App. 761, 678 S.E.2d 206 (Ga.App.,2009) | 2009 WL 1299046 (Ga.App.), 09 FCDR 1707 |
In this Georgia case, the plaintiff was injured from being bitten by defendants' dog who was chained to the bed of their pickup truck while the defendants were inside an adjacent restaurant. The plaintiff sued defendants, claiming that they failed to warn her of their dog's dangerous propensities and that they committed negligence per se by violating the state's strict liability statute (OCGA § 51-2-7) and the Hall County Animal Control Ordinance. A jury found in favor of the defendants. The court found that the evidence was therefore more than sufficient to support the jury's conclusion that defendants' dog was “under restraint” for purposes of the ordinance. Further, there was no evidence that the owners had knowledge of the dog's vicious propensity. Affirmed. |
Case | |
| MS - Jackson - Chapter 18 Animals (Article 1: In General) | Code of Ordinances, City of Jackson, Mississippi §§ 18-1, 18-3, 18-4, 18-11, 18-21 |
In Jackson, Mississippi, an animal that damages public or private property is considered a public nuisance and it is the duty the animal's owner to prevent his or her animal from becoming a public nuisance. Additionally, in these ordinances, an animal control officer is authorized to discharge a firearm as the sole effective means for controlling a public nuisance. These ordinances also prohibit any person except a licensed veterinarian from cropping a dog's ears and also provide penalties for any person violating this chapter. |
Local Ordinance | ||
| Roos v. Loeser | 183 P. 204 (Cal.App.1.Dist.,1919) | 41 Cal.App. 782 (Cal.App.1.Dist.,1919) |
This is an action for damages alleged to have been sustained by plaintiff by reason of the killing of her dog, of the variety known as Pomeranian, by an Airedale belonging to the defendant. In 1919, a California court determined damages to be limited to the veterinary expenses connected with the injury to the animal. In the opinion, the court lovingly discusses the value of the animal. Notwithstanding these words of praise for the small animal, the court decided that the value was limited to the fair market value and related expenses. |
Case |