Results
Title | Citation | Alternate Citation | Summary | Type |
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Citizens for Responsible Wildlife Management v. State | 71 P.3d 644 (Wash. 2003) | 149 Wash.2d 622 (Wash. 2003) |
A citizen groups filed a declaratory judgment action against the State of Washington seeking a determination that the 2000 initiative 713 barring use of body-gripping traps, sodium fluoroacetate, or sodium cyanide to trap or kill mammals was unconstitutional. The Supreme Court found that appellants did not show beyond a reasonable doubt that Initiative 713 violated the constitution, and thus affirmed the superior court's denial of the summary judgment motion. The court also held that the initiative was exempt from the constitutional provision prohibiting legislation that revises or amends other acts without setting them forth at full length. |
Case |
TX - Licenses - § 826.032. Registration; Criminal Penalty | V. T. C. A., Health & Safety Code § 826.032 | TX HEALTH & S § 826.032 | This Texas statute provides that a person commits an offense (Class C misdemeanor) if he or she fails to or refuses to register or present for registration a dog or cat owned by the person as required by state law or local ordinance. | Statute |
TRACKING THE ADC: RANCHERS' BOON, TAXPAYERS' BURDEN, WILDLIFE'S BANE | 3 Animal L. 163 (1997) | Approximately thirty-five million dollars are spent each year by the Animal Damage Control division of the U.S. Department of Agriculture to destroy predator animals that supposedly kill livestock. The methods by which the ADC kills these “predators” are appalling. Mr. Hoch argues that funding for this program is excessive, irresponsible, and raises serious ethical questions. He concludes that ADC activities should be terminated immediately. | Article | |
KY - Trade - Buying and selling protected wildlife | KRS § 150.180; 150.390; 150.990 | KY ST § 150.180; 150.390; 150.990 | These statutes relate to trade in wildlife. The first statute prohibits the trade in protected wildlife. The next law prohibits the hunting of bears. Finally, the Kentucky statute providing punishment for violation of aforementioned statutes is provided. | Statute |
Com. v. Hackenberger | 836 A.2d 2 (Pa.2003) | 575 Pa. 197 (2003) |
Defendant was convicted and sentenced to 6 months to 2 years jail following a jury trial in the Court of Common Pleas of cruelty to animals resulting from his shooting of a loose dog more than five times. On appeal, appellant contends that the use of a deadly weapon sentencing enhancement provision does not apply to a conviction for cruelty to animals since the purpose is to punish only those offenses where the defendant has used a deadly weapon against
persons.
The Commonwealth countered that the purpose behind the provision is immaterial because the plain language applies to any offense where the defendant has used a deadly weapon to
commit the crime, save for those listed crimes where possession is an element of the offense. This Court agreed with the Commonwealth and held that the trial court was not prohibited from applying the deadly weapon sentencing enhancement to defendant's conviction for cruelty to animals.
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Case |
PR - Ordinances - Municipal regulation of domestic animals | PR ST T. 24 § 651 | 24 L.P.R.A. § 651 |
This Puerto Rico statute confers authority to the municipal councils of Puerto Rico to regulate by ordinance, the running at large of domestic animals, destruction and impounding of such animals, as well as the regulation of muzzling and licensing of dogs. In addition, the councils are given authority to enact all needful ordinances to protect the public health as affected by the running at large of domestic animals. |
Statute |
State v. Walker | 841 N.E.2d 376 (Ohio 2005) | 2005 WL 2697269 (Ohio), 164 Ohio App.3d 114 |
A dog owner was placed on probation which limited him from having any animals on his property for five years. While on probation, bears on the owner's property were confiscated after getting loose. The trial court ordered the dog owner to pay restitution for the upkeep of the confiscated bears, but the Court of Appeals reversed holding the trial court did not the authority to require the dog owner to pay restitution for the upkeep of the bears because the forfeiture of animals penalty did not apply to conviction for failure to confine or restrain a dog. |
Case |
MI - Cruelty - Chapter 750. Michigan Penal Code. | M. C. L. A. 750.51 | MI ST 750.51 | This Michigan law provides that no railroad company shall permit the confinement of animals in railroad cars for longer than 36 consecutive hours without unloading for rest, water, and feeding of at least 5 consecutive hours unless prevented by a storm, or other "accidental causes." Any company, owner or custodian of such animals, who does not comply with the provisions of this section, can be fined between $100 and $500 for each and every such offense. However, when animals are carried in cars where they have proper food, water, space and opportunity for rest, the provisions of this section that require unloading do not apply. | Statute |
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RI - Education - § 16-22-20. Animal dissection and vivisection--Right to refuse--Alternate learning project required | Gen. Laws, 1956, § 16-22-20 | RI ST § 16-22-20 | This Rhode Island law provides that parents or legal guardians of any student in a public or nonpublic primary or secondary school may refuse to allow their child to dissect or vivisect any vertebrate or invertebrate animal, or any part of a vertebrate or invertebrate animal. Students who refuse shall not be discriminated against for not participating in dissection and shall be offered an alternative method of learning the material. | Statute |