Results
Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
---|---|---|---|---|---|
MT - Bear - Chapter 5. Wildlife Protection. Part 3. Grizzly Bear | MCA 87-5-301 to 87-5-303 | MT ST 87-5-301 to 87-5-303 | These Montana statutes state that state policy is to manage grizzly bears to avoid conflicts with humans and livestock, and control distribution by trapping and lethal measures. The commission may regulate the hunting of grizzlies and establish requirements for their transportation, exportation, and importation. | Statute | |
State v. Cleve | 980 P.2d 23 (N.M. 1999) |
Defendant was convicted of two counts of cruelty to animals, two counts of unlawful hunting, and negligent use of firearm. On appeal, the Supreme Court held that "any animal," within meaning of animal cruelty statute, applied only to domesticated animals and wild animals previously reduced to captivity, and thus, the animal cruelty statute did not apply to defendant's conduct in snaring two deer. The court also held that even if the Legislature had intended to protect wild animals in Section 30-18-1, New Mexico's laws governing hunting and fishing preempt the application of Section 30-18-1 to the taking of deer by Cleve in this case. |
Case | ||
AK - Exotic Pets - 5 AAC 92.030. Possession of wolf and wild cat hybrids prohibited. | 5 AK ADC 92.030 | 5 AAC 92.030 | This Alaska regulation makes it unlawful to possess, sell, purchase, or transfer a wolf or wild cat hybrid without a permit. It is an affirmative defense to prosecution that the person possessed the animal as a pet before July 23, 2002 in the case of a wolf-dog hybrid and followed other listed actions. A wild cat hybrid is defined as the mating of a domestic cat with a wild cat or hybrid that is of four generations or less wild cat. It is an affirmative defense to illegal possession of a wild cat hybrid when the owner shows proof of the pedigree showing the previous four generations or the animal is at least four generations removed from a wild ancestor. | Administrative | |
Sebek v. City of Seattle | 290 P.3d 159 (Wash.App. Div. 1,2012) | 2012 WL 6098265 (Wash.App. Div. 1,2012); 172 Wash.App. 273 |
Two Seattle taxpayers filed a taxpayer action lawsuit against the city of Seattle for violating Washington’s animal cruelty statute and Seattle’s animal cruelty ordinance with regard to a zoo’s elephant exhibit. After the lawsuit was dismissed by the King County Superior Court for lack of taxpayer standing, plaintiffs appealed the court’s decision. The appeals court affirmed the lower court’s decision because the plaintiffs’ complaint alleged the zoological society, not the city, acted illegally and because the operating agreement between the city and the zoological society made it clear that the zoological society, not the city, had exclusive control over the operations of the elephant exhibit. Significantly, the appeals court found that a city’s contractual funding obligations to a zoological society that cares and owns an animal exhibit at a zoo is not enough to allege a city violated animal cruelty laws. |
Case | |
Decision N.°0507-12-EP, 2015 Shrimp Farm in Cayapas - Ecuador | CAUSA No. 0507-12-EP | In this case, the defendant, the Ministry of the Environment, appeals decisions from the lower court concerning the plaintiff's shrimp farm. The farm was located on a nature reserve, and the plaintiff sued for protective action, arguing that the Ministry's administrative resolution ordering the closing of the farm violated his property rights and due process. The lower court held in favor of the shrimp farm. The Ministry subsequently filed an Extraordinary Writ of Protection with the Constitutional Court, held that the lower court's decision had infringed upon the defendant's right to due process, invalidated the lower court's ruling, and remanded the case for further proceedings. | Case | ||
AU - Animal Welfare - Animal Welfare Act 2002 (WA) | Animal Welfare Act 2002 |
The purpose of the Act is to promote responsible animal care and protection, to provide standards for animal care and use, to protect animals from cruelty and to safeguard the welfare of animals used for scientific purposes. The Australian Code of Practice is incorporated into the legislation as the standard for animal care and use in scientific establishments. |
Statute | ||
Gill v. Prehistoric Ponds, Inc. | 634 S.E.2d 769 (Ga.App., 2006) | 2006 WL 1550709 (Ga.App.), 280 Ga.App. 629 (2006) |
In this Georgia case, the Court of Appeals held that, on issue of first impression, an alligator farm was not a "farm" within meaning of the state statute that exempted "farm laborers" or their employers from coverage under the Workers' Compensation Act (Gill was bitten while cleaning out a pen and subsequently developed both a bone infection and salmonella). In construing the relevant statutes, the court found that in the chapter on Employment Security Law (ESL), the legislature meant that individuals who raise or tend wildlife perform "agricultural labor," but only when they do so on a "farm," which is "used for production of stock, dairy products, poultry, fruit, and fur-bearing animals." Accordingly, the court concluded that when Gill cleaned out the alligator pens, he was caring for wildlife and thus performing "agricultural labor." However, his employer, an alligator farm, was not a "farm" because alligators are "wildlife," not "[live]stock ... [or] fur-bearing animals." |
Case | |
Gilreath v. Smith | 797 S.E.2d 177 (Ga. Ct. App., 2017) | 340 Ga. App. 265, 2017 WL 660590 (Ga. Ct. App., 2017) |
While pet sitting for Defendants Bruce and Jodi Smith, Plaintiff Josephine Gilreath was attacked and injured by the Smiths' rooster, which caused a serious infection with long-term consequences. Plaintiff Gilreath filed suit, but the trial court granted summary judgment in favor of the Defendants on the ground that Gilreath assumed the risk. Gilreath appealed to the Court of Appeals of Georgia. The Court of Appeals affirmed the trial court and reasoned that Gilreath assumed the risk of injury based on the state statutes of owners of land under OCGA § 51-3-1, as keepers of a vicious or dangerous animal under OCGA § 51-2-7, and as required by a Roswell city ordinance. The Court reasoned that at prior pet-sittings at the Defendants home, Gilreath had been warned that the rooster would attack and that a garbage can lid was useful for controlling the rooster. Second, Gilreath has not raised an issue of fact regarding whether the Smiths had superior knowledge of the risks associated with the danger. Gilreath, a professional pet sitter with at least nine years of experience, admitted that she had a responsibility to educate herself about the animals she takes care of yet she failed to do so for roosters. Third, Gilreath admitted that she chose to take the job knowing that she had been told that the rooster would attack. Gilreath also contends that the Smiths violated a Roswell city ordinance, but she failed to introduce a certified copy of the ordinance and thus failed to prove this claim. |
Case | |
VA - Liens - § 43–32 Lien of keeper of livery stable, marina, etc. | Va. Code Ann. § 43-32 | VA Code Ann. § 43-32 | Every keeper of a livery stable, hangar, tie-down, or marina, and every person pasturing or keeping any horses or other animals, boats, aircrafts, or harness, will have a lien for the amount that would be due for towing, storage, recovery, keeping, supporting, and care. The lien will be removed once the amount is paid. | Statute | |
INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING |
This treaty sets out the terms for the international management of whaling. However there has been moratorium on commercial whaling for 20 years. The Parties meet annually. |
Treaty |