Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| OH - Cemeteries, Pet - Chapter 961. Pet Cemeteries | R.C. § 961.01 - 99 | OH ST § 961.01 - 99 | This Ohio chapter concerns the establishment of "pet cemeteries." The owner of land used for a pet cemetery must file a declaration in the county recorder's office that the land is to be used only for such purposes. Unless the deed restriction is removed, no person shall use land restricted as provided in this section for any purpose other than for pet cemetery purposes. The pet cemetery must be at least three acres in size and the owner must comply with deposit requirements described under the "endowment care fund." Violation of the provisions relating to& the land use restriction (961.02), the size of the pet cemetery (961.03), or the endowment care fund requirement (961.04) results in a fine of up to $5,000 or imprisonment for up to one year, or both. | Statute |
| Commonwealth v. Gardner | 74 Pa. D. & C. 539 (Pa. 1950) |
In this Pennsylvania case, a new resident moved next door to a woman who had been operating a kennel for years. He then complained to the borough council which then amended an ordinance such that the keeping of more than six dogs over six months of age was made a nuisance per se, illegal and a violation of the ordinance. The court held that it did not believe that the borough council or the court had the power or the authority to determine that more than a certain number is a nuisance per se, and less than that number is a nuisance only upon proof of the same being a nuisance. "In other words, it is our opinion that the borough council, in the exercise of its police power may not unreasonably and arbitrarily prohibit things which were not nuisances at common law, and their declaration in an ordinance that a thing is a public nuisance does not make it so, if it is not a nuisance in fact . . ." |
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| Fabrikant v. French | 722 F.Supp.2d 249 (N.D.N.Y., 2010) | 2010 WL 2774043 (N.D.N.Y.) |
Plaintiff Jody Fabrikant, who had recently placed an advertisement for the adoption of puppies, was in possession of fifteen animals, including fourteen dogs and one cat. Reacting to several complaints regarding the animals’ treatment, defendants, the Ulster County SPCA and employees, executed a search warrant resulting in Fabrikant's arrest and seizure of thirteen of her fifteen animals. Plaintiff subsequently asserted that her federal constitutional rights were violated during the course of her criminal prosecution for animal cruelty. With respect to all four federal claims, the United States District Court for the Northern District of New York granted defendants’ motions for summary judgment since the existence of probable cause (e.g., video recordings and photographs of the condition of the plaintiff’s home) insulated the defendants from liability for their decisions to seize Plaintiff's animals. |
Case |
| Argentina - Marine mammals - Ley 25.052, 1998 | Ley 25.052 | Ley 25.052/98 prohibits the hunt or capture of orca whales (Orcinus orca) by nets or by the forced stranding system. The penalty for violating this law will result in fines starting from one million Argentine pesos, and up to two million pesos when the capture resulted in the death of the specimen. The Secretary of Natural Resources, through the Direction of Ictícolas and Acuícolas Resources, are the authorities in charge of the application of this law. The Naval Prefecture of Argentina is the authority that exercises police power, and federal justice will know of the complaints made by the enforcement authority, the police authority, or any citizen or non-governmental institution. | Statute | |
| KY - Ecoterrorism - Chapter 437. Offenses Against Public Peace | KRS § 437.410 - 429 | KY ST § 437.410 - 429 | This chapter concerns the protection of animal enterprise facilities in Kentucky. Prohibited acts include exercising control over a facility or its property without consent of the owner, disruption or destruction of property of a facility, entering a facility with the intent to commit a prohibited act, and entering a facility with the intent to disrupt or damage the enterprise and then remaining on the grounds knowing that entry is forbidden. Any person who violates any provision of KRS 437.410 to 437.420 shall be subject to a fine of not more than $5,000 or imprisoned for not less than 6 months but not more than 1 year, or both, for each violation. | Statute |
| Humane Society-Western Region v. Snohomish County | 2007 WL 2404619 (W.D. Wash) |
Plaintiff Humane Society Western Region (d/b/a "Happy Paws Farm") filed this lawsuit against Snohomish County alleging provisions of the county code regulating barking are unconstitutionally vague in violation of the state and federal constitutions, and that the SCC provision governing the temporary housing of animals in shelters violates its federal constitutional right to substantive due process. Plaintiff argued that the noise ordinances invite subjective evaluation resulting in arbitrary enforcement because the code contains no reference to identifiable levels of noise, only to noises that are repetitive. The absence of identifiable levels of noise, or decibel levels, does not render the noise ordinances unconstitutionally vague. Plaintiff fails to demonstrate that this method is not easily understood by individuals of ordinary intelligence or that it fails to protect against arbitrary enforcement. This opinion was Affirmed in Part, Reversed in Part by Humane Society Western Region v. Snohomish County, 357 Fed.Appx. 144 (9th Cir., 2009). |
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| TN - Trusts - § 35-15-408. Trust for care of animal. | T. C. A. § 35-15-408 | TN ST § 35-15-408 | This Tennessee trust law, amended in 2007, 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 (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. The trust may not be enforced for more than 90 years. | Statute |
| Kanoa Inc., v. Clinton | 1 F. Supp. 2d 1088 (1998) |
Plaintiff cruise company filed a motion for a temporary restraining order and a preliminary injunction to halt scientific research of the defendant government, alleging standing under the National Environmental Policy Act ("NEPA"), the Marine Mammal Protection Act ("MMPA"), and the Endangered Species Act ("ESA"). |
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| NH - Agricultural Animals - Chapter 435. Animal Care, Breeding and Feed | N.H. Rev. Stat. § 435:1 - 435:41 | NH ST § 435:1 - 435:41 | This New Hampshire chapter concerns the registration of breeding stallions and the proper care, feeding, and shelter of horses. The chapter also includes the New Hampshire Commercial Feed Law of 1971. Within this law are prohibitions on the misbranding or adulteration of commercial feed. The chapter additionally prohibits the feeding of raw garbage to swine. | Statute |
| AKERS v. SELLERS | 54 N.E.2d 779 (Ind.App.1944) | 114 Ind.App. 660 (1944) |
This Indiana case involves an action in replevin by John W. Akers against his former wife, Stella Sellers. The controversy at issue was ownership and possession of a Boston bull terrier dog. At the time of the divorce decree, the dog was not part of the property division and was instead left at the marriage domicile in custody of the former wife. Appellant-Akers claimed that legal title and the dog's best interests rested with him and unsuccessfully brought a suit in replevin in the lower court. On appeal, this Court held that there was no sufficient evidence to overturn the lower court's determination. The judgment was affirmed.
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