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Title Citation Alternate Citation Summary Type
OH - Lakewood - Breed - 506.03 PIT BULL DOGS OR CANARY DOGS LAKEWOOD, OH., ORDINANCES § 506.03 (2008)

No person may keep, harbor or own pit bull dogs or canary dogs in Lakewood, Ohio, with exceptions for dogs in the city on the effective date. A dog may be allowed to stay provided it has a microchip for identification, has been sterilized, the owner has liability insurance of $100,000, and the dog is properly confined or secured. Failure to comply could result in the removal or impoundment of the dog. The owner may also be charged with a misdemeanor.

Local Ordinance
MI - Livestock - Chapter 287. Animal Industry. Animal Industry Act M. C. L. A. 287.701 - 747 MI ST 287.701 - 747 This Michigan act is known as the "Animal Industry Act." The act is intended to protect the health, safety, and welfare of humans and animals, by requiring disease testing of imported animals, certification, and reporting of infected animals. A newly amended section (287.746) also concerns the tethering or confinement of animals such as pregnant sows and veal calves in manners that restrict lying, standing, fully extending limbs, or turning freely. Statute
FL - Sterilization - Chapter 823. Public Nuisances West's F. S. A. § 823.15 FL ST § 823.15 This Florida law declares that it is the public policy of the state that every feasible means be used to reduce the incidence of birth of unneeded and unwanted puppies and kittens. In furtherance of this policy, provision shall be made for the sterilization of all dogs and cats sold or released for adoption from any public or private animal shelter or animal control agency by either providing sterilization by a licensed veterinarian before relinquishing custody of the animal or entering into a written agreement with the adopter or purchaser guaranteeing that sterilization will be performed within 30 days or prior to sexual maturity. All costs of sterilization pursuant to this section shall be paid by the prospective adopter unless otherwise provided for by ordinance of the local governing body or provided for by the humane society governing body. Statute
CA - Veterinary - Chapter 11. Veterinary Medicine. West's Ann. Cal. Bus. & Prof. Code § 4800 - 4920_8 CA BUS & PROF § 4800 - 4920.8 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. Statute
People v. Cumper 83 Mich. App. 490 (Mich. 1978)

Defendants were convicted of being spectators at a fight or baiting between dogs and appealed, charging that the "spectator" portion of the statute was impermissibly vague and unconstitutionally overbroad. The court found that the statute was constitutional because it punished attendance as a spectator at an event legitimately prohibited by law and defendants had fair notice of the conduct proscribed. The defendants also claimed that there was insufficient evidence however, the court found ample evidence upon which the jury rendered their decision.

Case
Solicitud de Atracción 249/2023. Caso Elefante Ely. Ciudad de Mexico Solicitud de Atracción 249/2023 This is a writ of Amparo on behalf of Ely, a 38-year-old female African elephant that lived in a circus before being relocated to the San Juan de Arago Zoo in 2012. In this instance, a concerned citizen and activist affiliated with the Association "Opening Cages, Opening Minds" ("Abriendo Jaulas, Abriendo Mentes") filed an Amparo petitioning the authorities in Mexico City to take necessary actions for the relocation of Ely from the zoo to a sanctuary in Brazil. The petitioner asserted that Ely had endured abuse from a young age during her 25-year tenure in a circus, and was currently experiencing deprivation of freedom at the zoo. Ely is solitary and grappling with skin and nail injuries, infections, and ailments such as dermatitis and hyperkeratosis. The petitioner further argued that Ely was suffering from issues in one of her limbs due to an old fracture and jaw problems stemming from the use of a handling hook during her circus days, among other concerns. Moreover, the elephant's confinement in a cement enclosure has compounded adverse effects on her physical and psychological well-being. Observations indicate distressing behavior including self-harm, such as eating her own feces, and striking herself with her trunk and against the fence. Ely also exhibited repetitive behavior attributed to inadequate mental, physical, social, and environmental stimulation. The treatment she has received is deemed a violation of ethical standards for animal respect and protection. The judge determined that Ely received appropriate and ample care at the zoo, where her enclosure adhered to the needs of her species. It was noted that she was receiving the necessary attention to address the chronic ailments stemming from her time in the circus. Consequently, the San Juan de Aragón Zoo fulfilled its obligation to protect and care for the elephant, addressing her physiological, behavioral, and health requirements and ensuring her overall well-being. Following the verdict, the zoo enlarged Ely's enclosure and introduced Gypsy, another elephant of similar size and age, to provide companionship for Ely. After pursuing various legal avenues without success, the complainant sought review from the Supreme Court of Justice, and the high court accepted the request. The Supreme Court will review the decision of the Fourth Administrative District court, which ruled for the zoo, finding that Ely was being kept in adequate conditions. Case
IN - Cattle Slaughter - THE ORISSA PREVENTION OF COW SLAUGHTER RULES, 1966 5 of 1960 The Rules, drafted under the Orissa Prevention of Cow Slaughter Act, 1960, prescribe conditions for the issue of a certificate for slaughter. Statute
N.Y. Pet Welfare Ass'n, Inc. v. City of N.Y. 850 F.3d 79 (2d Cir. 2017)

In 2015, New York City enacted a group of laws aimed at dealing with problems associated with the companion animal business in the city by regulating the sale of dogs and cats in pet shops. On the day the laws were to go into effect, the New York Pet Welfare Association (NYPWA) filed suit challenging two of the laws. The first law, the “Sourcing Law,” required that pet shops sell only animals acquired from breeders holding a Class A license issued under the federal Animal Welfare Act (AWA). The second law law, the “Spay/Neuter Law,” required that pet shops sterilize each animal before releasing it to a consumer. NYPWA argued that the Sourcing Law violated the “dormant” Commerce Clause and is preempted by the AWA, and that the Spay/Neuter Law is preempted by New York law. The district court dismissed NYPWA’s complaint and the 2nd Circuit Court of Appeals affirmed the district court’s decision. First, the 2nd Circuit determined that the Sourcing Law did not violate the Commerce Clause because it did not discriminate against interstate commerce. The 2nd Circuit found that the Sourcing Law may make it difficult for certain out of state breeders to sell to city shops, but so long as breeders from other states are allowed to sell in the city, then it is not considered to be discriminatory. Also, the 2nd Circuit found that NYPWA was unable to show that any incidental burden that the Sourcing Law placed on out of state breeders was excessive and therefore the law passed under the Pike Balancing test. Lastly, the 2nd Circuit determined that the Spay/Neuter Law was not preempted by New York Law because NYPWA failed to identify a single New York statute or case that suggests that the new law would be preempted in any way. As a result, the 2nd Circuit affirmed the district court’s ruling.

Case
Journal of Animal Law Table of Contents Volume 4

Published by the students of Michigan State University College of Law

Journal of Animal Law Vol. IV (2008)

The table of contents is provided below.

Policy
PA - Hunting, Internet - § 7641. Computer-assisted remote harvesting of animals 18 Pa.C.S.A. § 7641 18 Pa. Stat. and Consol. Stat. Ann. § 7641 (West) This statute prohibits computer-assisted remote hunting and the operation of computer assisted hunting facilities in the state of Pennsylvania. Violation is a misdemeanor of the third degree. Statute

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