Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| UK - Circus - Performing Animals (Regulation) Act 1925 | 1925 CHAPTER 38 |
The Performing Animals Act 1925 requires any person who exhibits or trains any performing (vertebrate) animal to be registered with a local authority. This information is kept in the local register. The law also gives power to local authorities to prohibit animal training or exhibition where it is accompanied by cruelty. Any officer of a local authority duly authorised in that behalf by the local authority and any constable may inspect performance premises during reasonable hours. Failure to become properly registered or concealing an animal to avoid inspection makes a person guilty of an offence. |
Statute | |
| City and County of Denver, a Home Rule municipal corporation of the State of Colorado; and John W. Hickenlooper, as Mayor of the | In 2004, the Colorado General Assembly passed changes to the state's dangerous dog laws; part of the law prohibited municipalities from adopting any breed-specific dog laws. Denver previously enacted an ordinance that regulated dogs by breed (Section 8-55). In this current action, the City instituted an action seeking declaratory judgment that Section 8-55 preempts the state law under the Home Rule Amendment. The court found that the regulation of dogs by breed on an intra-city basis was purely a matter of local concern, and thus fell under Home Rule authority. The state was permanently enjoined from taking any action against Denver based on the language of the amended state law. The state then filed a notice of appeal, but subsequently withdrew it. | Pleading | ||
| Elliot v. Hurst | 817 S.W.2d 877 (Ark., 1991) | 307 Ark. 134 (1991) |
This tort case involves appellee's suit against appellant for appellant's conversion of appellee's wolf hybrid dog named Rambo. The appellee in this case had placed an ad stating that he had a certain breed of dogs for sale. When appellant went to see the dogs, she noticed a serious leg infection. After consulting with the local prosecutor’s office and an animal organization, she returned to the owner’s home to take the dog in for treatment. The consulting veterinarian determined that the leg had to be amputated. The court held that the recovery was limited to the market value at the time prior to the amputation. |
Case |
| Harby v. Harby | 331 So. 3d 814 (Fla. Dist. Ct. App. 2021) | This Florida case involves an appeal of a final judgment of dissolution of marriage. With respect to animal law, the wife appealed the trial court's distribution of family dogs, Liberty and Nico, to the former husband. According to testimony, the dogs were bonded to each other. The former wife testified that the family adopted Liberty "to be an emotional support dog" and was her constant companion. The former wife testified that she cared for the dogs when they were adopted in 2013 and 2014 until the parties separated in 2017. Since that separation, the dogs have been in the husband's possession and care. The trial court determined that the dogs were marital property and that the wife appeared to be in good health with no physical or mental disabilities. Further, both parties agreed the dogs should not be separated from each other and the court found the dogs had been in the husband's possession since the parties separated. On appeal, the wife argues that the trial court's distribution of the family dogs to Former Husband was arbitrary, capricious, and unsupported by the record. In particular, the wife contends that one of the dogs is her emotional support animal and former husband expressed no desire or claim for the dogs in testimony. The court first observed that Florida is not one of the handful of states with statutes that give pets a special property status in distribution of marital assets. Instead, animals are considered personal property. Here, the court found both parties have cared for the dogs at times and the husband cared for them after the parties separated in 2017. And, while the court found that Liberty was "emotionally comforting," there was no evidence that the former wife had a disability and that Liberty provided emotional support to alleviate an effect of such disability. Thus, the role Liberty played was to provide comfort and companionship like most household pets. Since the trial court also considered each party's sentimental interest in the pets, including the children's attachment since they resided primarily with the former husband, there was no showing that the court abused its discretion in awarding the dogs to former husband. Thus, the appellate court concluded that the trial court acted within its discretion by awarding the family dogs to the former husband. | Case | |
| AU - Conservation and Land Management Act 1984 (WA) | Conservation and Land Management Act 1984 |
An Act to make better provision for the use, protection and management of certain public lands and waters and the flora and fauna thereof, to establish authorities to be responsible therefor, and for incidental or connected purposes. |
Statute | |
| IA - Sioux City - Breed - Chapter 7.10 PIT BULLS PROHIBITED | SIOUX CITY, IA., MUNICIPAL CODE, §§ 7.10.010 - 7.10.050 (2009) |
The City of Sioux City, Iowa makes it unlawful to own, transport, or sell any pit bull, with exceptions. Pit bulls currently and continuously registered, licensed, properly confined and cared for are exempt from the ban, but a failure to maintain its status immediately removes its exemption. The poundmaster is authorized to immediately impound any pit bull that does not fall within one of the exceptions and is mandated to destroy the pit bull within ten calendar days. |
Local Ordinance | |
| Prior Cases of the Month 2010 to 2016 | This document contains cases of the month from 2010 - 2016. | Policy | ||
| Casebook Update |
Updated material for David Favre, Animal Law, 3rd edition (2019) |
Basic page | ||
| WV - Equine Activity Liability - Article 4. Equestrian Activities Responsibility Act. | W. Va. Code, § 20-4-1 to 7 | WV ST § 20-4-1 to 7 | This West Virginia section expressly recognizes the value of equestrian activities to the state. Thus, in order to limit liability to those who provide equine services, the duties of both the horsemen who provide such services and the participants who engage in such activities are stated. Each participant in an equestrian activity expressly assumes the risk of and legal responsibility for any injury, loss or damage to person or property which results from participation in an equestrian activity. Horsemen are required to ensure the safety of the participants and the equipment provided. | Statute |
| People of the State of New York v. Mary Dawn Sitors | This action is an appeal from dismissal of criminal charges against a woman accused of acts of cruelty on her horses. The Town Court dismissed the criminal charges, finding that since the Catskill Animal Sanctuary's petition seeking the posting of security to care for the horses was dismissed (which had a lower standard of proof than in a criminal action), this necessarily meant it would be impossible to obtain a criminal conviction under the higher standard. Essentially, the Town Court's decision reflected a determination that one cannot violate New York's state cruelty law unless the animal dies due to lack of sustenance or care. The County Court found this reasoning erroneous; a violation under the law occurs when one fails to provide necessary sustenance, not only those acts or omissions that result in an animal's death. The criminal actions were thus, reinstated against defendant. | Pleading |