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Displaying 6631 - 6638 of 6638
Title Citation Alternate Citation Summary Type
ME - Cruelty, reporting - § 3477. Persons mandated to report suspected abuse, neglect or exploitation 22 M.R.S.A. § 3477 Me. Rev. Stat. tit. 22, § 3477 This Maine statute lists the mandated reporters in the state who must immediately report known or suspected abuse, neglect, or exploitation, of an incapacitated or dependent adult. The statute also allows permissive reporting of animal cruelty, abuse, or neglect and allows animal control officers to make reports when necessary. Statute
Criscuolo v. Grant County 540 F.Appx. 562 (9th Cir. 2013) The plaintiff’s dog was shot by a police officer while eyewitnesses claim that right before he fired, the dog was stationary or retreating at a distance of 10-20 feet from the officer and his police K9. The pet owner filed suit against both the individual police officer and the municipality, who both claimed immunity, which was granted at the trial court. On appeal, the court upheld the dismissal of the municipality based on the fact that official policy did “not authorize unconstitutional conduct or give officers unbridled discretion to shoot any animal they encounter, even if it is not threatening.” However, the appellate court reversed the trial court’s decision in regards to the officer’s immunity, holding that viewing the circumstances in the light most favorable to the plaintiff, the killing was not necessarily reasonable to protect the officer’s safety or the safety of his police K9. Case
IA - Pet Shop - Chapter 162. Care of Animals in Commercial Establishments. I. C. A. § 162.1 to 25 IA ST § 162.1 to 25 The purpose of this chapter is to insure that all dogs and cats handled by boarding kennels, commercial kennels, commercial breeders, dealers, and public auctions are provided with humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling, and treatment of such animals. Statute
Com. v. Zalesky 906 N.E.2d 349, (Mass.App.Ct.,2009) 74 Mass.App.Ct. 908; 2009 WL 1351751 (Mass.App.Ct.)
In this Massachusetts case, the defendant was convicted of cruelty to an animal, in violation of G.L. c. 272, § 77. On appeal, the defendant contended that the evidence was insufficient to establish his guilt; specifically, that the state proved beyond a reasonable doubt that his actions exceeded what was necessary and appropriate to train the dog. A witness in this case saw defendant beat his dog with a plastic "whiffle" bat on the head about 10 times. The defendant told the officer who arrived on the scene that he had used the bat on previous occasions, and did so to “put the fear of God in [the] dog.” At trial, a veterinarian testified that the dog suffered no trauma from the bat, but probably experienced pain if struck repeatedly in that manner. The court found that defendant's behavior fell under the ambit of the statutes because his actions were cruel, regardless of whether defendant viewed them as such. Judgment affirmed.
Case
In re: VOLPE VITO, INC., d/b/a FOUR BEARS WATER PARK AND RECREATION AREA 56 Agric. Dec. 166 (1997) 1997 WL 15684 (U.S.D.A.) While corrections are to be encouraged and may be taken into account when determining sanction to be imposed, even immediate correction of violation does not operate to eliminate fact that violation occurred and does not provide basis for dismissal of alleged violation. Case
OR - Testing, animal - 646A.009. Sale of cosmetics developed or manufactured O.R.S. § 646A.005 - .028 OR ST § 646A.005 - .028 This Oregon chapter deals with animal testing in cosmetics. Under the chapter, a manufacturer may not sell or offer to sell in this state a cosmetic that was, on or after January 1, 2024, developed or manufactured using cosmetic animal tests conducted or contracted for by the manufacturer or any supplier of the manufacturer. Limited exceptions exist. In addition to any other penalty provided by law, a manufacturer that sells or offers for sale a cosmetic in violation this act incurs a civil penalty of not more than $5,000 for the first day of the violation and not more than $1,000 for each day that the violation continues. Statute
O'MALLEY, v. COMMONWEALTH of Virginia 785 S.E.2d 221 (Va.,2016) 66 Va. App. 296 (Va., 2016) The appellant, John Dixon O'Malley was not charged with or convicted of any crime. However, he was issued a summons to determine whether his dog was dangerous pursuant to Virginia Code § 3.2–6540(A) and (B). The jury found O’Malley's dog to be dangerous under the Virginia Code due to attacking and injuring the dog of Randall Powell. O’Malley appealed the trial court decision to the Court of Appeals of Virginia. The Court of Appeals concluded that they did not have jurisdiction over the appeal due to being a court of limited jurisdiction. The Court relied on Virginia Code § 17.1–406(A) which provides that the Court of Appeals' appellate jurisdiction was limited to appeals from final criminal convictions. The Court of Appeals reasoned that no language in Code § 3.2–6540 characterized as criminal the proceeding to identify a canine as a dangerous dog. Therefore, the finding at the trial level that O’Malley's dog was dangerous was civil in nature. Because the finding was civil in nature, the Court of Appeals lacked subject matter jurisdiction over O’Malley’s appeal and the case was transferred to the Supreme Court of Virginia. Case
MN - Lien, veterinay - Chapter 514. Liens Against Property. Agricultural Liens. M. S. A. § 514.965 - 966 MN ST § 514.965 - 966 These Minnesota statutes relate to agricultural liens on livestock. Under these sections, an “agricultural lien” includes a veterinarian's lien, breeder's lien, livestock production input lien, temporary livestock production input lien, and feeder's lien. In section 514.966 entitled, "Agricultural lien on livestock," a licensed veterinarian performing emergency veterinary services in the ordinary course of business that cost more than $25 for animals at the request of the owner or a person in possession of the animals has a lien on the animals for the value of the services. Additionally, a veterinarian's lien, breeder's lien, livestock production input lien, temporary livestock production lien, or feeder's lien attaches to the livestock serviced by the agricultural lienholder, and products and proceeds thereof to the extent of the price or value of the service provided. To perfect the lien, a financing statement must be filed within the time periods established in the law. Statute

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