Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Allanson v. Toncich | 2002 WL 1897936 (Austrailia) | 2002 WASCA 216 |
Appeal uphold the judgement against the dog owner for damages, but recalculates damages upward. |
Case | |
| SC - Initiative - Amendment 1, Right to Hunt and Fish | Amendment 1, Right to Hunt and Fish (2010) (passed) |
The legislature summary for the proposed amendment states: "[a] joint resolution to propose an amendment to Article I of the Constitution of South Carolina, 1895, relating to the declaration of rights under the state's constitution, by adding Section 25 so as to provide that hunting and fishing are valuable parts of the state's heritage, important for conservation, and a protected means of managing nonthreatened wildlife; to provide that the citizens of South Carolina shall have the right to hunt, fish, and harvest wildlife traditionally pursued, subject to laws and regulations promoting sound wildlife conservation and management as prescribed by the General Assembly; and to specify that this section must not be construed to abrogate any private property rights, existing state laws or regulations, or the state's sovereignty over its natural resources." It passed with 89% voting "yes." |
Statute | ||
| WV - Pet Trust - § 44D-4-408. Trust for care of animal | W. Va. Code, § 44D-1-110; W. Va. Code, § 44D-4-408; W. Va. Code, § 44D-4-409 | WV ST § 44D-1-110; WV ST § 44D-4-408; WV ST § 44D-4-409 | These West Virginia statutes regulate trusts for the care of animals. A pet trust may be created to provide for the care of an animal alive during the grantor's lifetime. The trust terminates upon the death of the animal. Property of a trust may be applied only to its intended use. A trust may be enforced by a person appointed in the terms of the trust instrument or by a person appointed by the court. | Statute | |
| SC - Cruelty - Consolidated Cruelty Statutes | Code 1976 § 47-1-10 - 225; Code 1976 § 16-15-120 | SC ST § 47-1-10 - 225; SC ST § 16-15-120 | This South Carolina subsection comprises the state's anti-cruelty laws. The term "animal" under this subchapter includes all living vertebrate creatures except homo sapiens (but see the exclusion section where fowl are specifically excluded). Animal cruelty occurs when a person knowingly or intentionally overloads, overdrives, overworks, ill-treats any animal, deprives any animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon any animal, or by omission or commission knowingly or intentionally causes these things to be done. The statute also has a felony provision for the torture, tormenting, needless mutilation, cruel killing, or infliction of excessive or repeated unnecessary pain. | Statute | |
| Ray and Marie Powers v. Wesley and Mary Tincher |
While plaintiff’s complaint and demand focus on the threats and alleged actions of trespass by defendants, the Common Pleas Court’s decision focuses instead on the defendant’s request for injunctive relief based on a nuisance violation. Specifically, defendants apparently alleged that plaintiff’s keeping of over one hundred roosters constituted a private nuisance. Relying on a case of similar facts, the court held that plaintiffs’ keeping of over one hundred roosters for the purpose of cockfighting constituted a private nuisance. |
Pleading | |||
| Barrington v. Colbert | CO/1273/97 |
A net was placed over one opening of a land drain and a terrier dog sent into the other entrance with the objective of prompting a fox to run into the net. Magistrates acquitted the defendants of doing an act causing unnecessary suffering to the fox contrary to the Protection of Animals Act 1911, s 1(1)(a). The Divisional Court dismissed the prosecutor's appeal, holding that, applying Rowley v Murphy [1964] 2 QB 43, the fox was not a "captive animal" within the meaning of s 15(c) of the 1911 Act, mere confinement not being sufficient, and was therefore outside the protection of that Act. |
Case | ||
| AK - Rabies - 7 AAC 27.022. Rabies vaccination and quarantine. | Alaska Admin. Code tit. 7, § 27.022 | 7 AAC 27.022 | This Alaska regulation provides that a dog, cat, or ferret is required to be vaccinated for rabies in accordance with schedules in the Compendium of Animal Rabies Prevention and Control, 2011. | Administrative | |
| Am. Anti-Vivisection Soc'y v. United States Dept. of Agric. | --- F.Supp.3d ----, 2018 WL 6448635 (D.D.C. Dec. 10, 2018). | 2018 WL 6448635 | The American Anti-Vivisection Society and the Avian Welfare Coalition sued the Department of Agriculture and its Secretary alleging that the Department's failure to promulgate bird-specific regulations is unreasonable, unlawful, and arbitrary and capricious in violation of the APA. The Plaintiffs sought court-ordered deadlines by which the Department must propose such rules. The Department moved to dismiss the Plaintiff's claims arguing that the Plaintiffs lack standing to sue, that it is not required by law to promulgate regulations for birds, and that it has not taken a final action reviewable by the court. The District Court ultimately held that, although the Plaintiffs have standing to sue, both of their claims fail. The Department is not required by the Animal Welfare Act to issue avian-specific standards; rather, it must to issue welfare standards that are generally applicable to animals. Secondly, although the Department has not taken any action to develop avian-specific standards, that does not mean that will not do so in the future. The District Court granted the department's motion to dismiss. | Case | |
| VA - Ordinances - § 3.2-6537. Ordinances; penalties (pet shops) | Va. Code Ann. § 3.2-6537 | VA ST § 3.2-6537 | This Virginia statute provides that the governing body of any county, city or town may, by local ordinance, require a person operating a pet shop or operating as a dealer in companion animals to obtain a permit. It further outlines the specific requirements the ordinance may provide, including record-keeping and penalties. | Statute | |
| OH - Cruelty - Chapter 1717. Humane Societies. County Humane Societies | R.C. § 1717.01 - 1717.18 | OH ST § 1717.01 - 1717.18 | This chapter relates to the formation and powers of humane societies in Ohio. Under the chapter, a county humane society organized under section 1717.05 of the Revised Code may appoint agents, who are residents of the county or municipal corporation for which the appointment is made, for the purpose of prosecuting any person guilty of an act of cruelty to persons or animals. Such agents may arrest any person found violating this chapter or any other law for protecting persons or animals or preventing acts of cruelty. | Statute |