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Title Citation Alternate Citation Agency Citation Summary Type
PA - Rabies - Chapter 7A. Rabies Prevention and Control in Domestic Animals and Wildlife Act 3 P.S. § 455.1 - 15 PA ST 3 P.S. § 455.1 - 15 This chapter is known as the Rabies Prevention and Control in Domestic Animals and Wildlife Act. Every person living in the Commonwealth of Pennsylvania, who owns or keeps a dog or cat over three months of age, must have that dog or cat to be vaccinated against rabies. A person who violates any provision of this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine not exceeding $300 for each violation. Each day of violation constitutes a separate offense. Statute
Fallini v. Hodel 783 F.2d 1343 (9th Cir. 1986)

The Wild and Free-Roaming Horse Act does not require that wild horses be prevented from straying onto private land, only that they be removed if they do stray onto private land.  

Case
MO - Breeder - Chapter 9 - Animal Care Facilities. 30-9.010 - 9.030 2 MO ADC 30-9.010 - 9.030 2 Mo. Code of State Regulations 30-9.010 - 9.030 This rule sets forth the standards and requirements for the licensing and operation of animal care facilities in Missouri. For the minimum age to sell or ship a dog or cat, see 30-9020 section (13), subsection (E): "Minimum Age Requirements. No dog or cat shall be delivered by any person to any carrier or intermediate handler for transportation, in commerce, or shall be transported in commerce by any person, except to a registered research facility, unless that dog or cat is at least eight (8) weeks of age and has been weaned." Administrative
CA - Historical - 1872: Cruelty to Animals Cal. Penal Code 597 (1872) Enacted February 14, 1872 (almost identical with Field's Draft, Section 699), and then read: "Every person who maliciously kills, maims, or wounds an animal, the property of another, or who maliciously and cruelly beats, tortures, or injures any animal, whether belonging to himself or another, is guilty of a misdemeanor." Statute
State v. Hearl 190 A.3d 42 (Con. App. Ct. May 29, 2018) 182 Conn. App. 237 , 2018 WL 2381893 (Con. App. Ct. May 29, 2018) Defendant Hearl was convicted of nineteen counts of animal cruelty by jury. The convictions stem from the care of his goat herd used for his goat cheese manufacturing business in Connecticut in 2014. Defendant and his business partner moved a herd from Massachusetts to Cornall, CT in May of 2014, where they rented an open air barn space (mainly used for dairy cows), but did not negotiate any boarding or care of the goats. Another farmer (Betti) rented the other half of the barn space for his dairy cows. Betti became concerned about defendant's goat herd in Fall 2014. As the condition of the goats deteriorated (to the point of death for some of the goats), Betti informed the state Dept. of Agriculture and this spurred the investigation which culminated in the seizure of defendant's remaining living goats in January 2015. On appeal of his conviction, defendant raises four main arguments: (1) the evidence adduced at trial was insufficient to sustain his conviction, (2) the trial court did not provide the jury with a proper instruction on the required mental state; (3) § 53–247 (a) is unconstitutionally vague as applied to his conduct; and (4) his conviction and sentencing on nineteen separate counts of animal cruelty violates the constitutional prohibitions against double jeopardy. As to defendant's first insufficiency of the evidence claim, defendant's argument centered on whether he had charge or custody of the goats necessary to impute responsibility to him. The court found that there was ample evidence before the jury to support the finding that the defendant confined, or had charge or custody of, the goats. Not only did the defendant play an active role in the management of the goats according to testimony, but.in converstations with officers, defendant “took the lead on telling me what was being done with the management of the goats” and that he “predominated the conversation” about the mortality rates in the herd. In fact, the court found compelling evidence of defendant's custody role where since he had authority to order the euthanization of the animals. Defendant's attempts to characterize his role as mere "ownership," with no role in the particulars of confinement, were unpersuasive. Ownership itself "can still be probative evidence that the defendant bore the responsibility of caring for the goats and authorizing their confinement." Equally unpersuasive was defendant's claim that his business partner was the was who alone confined the 20 plus goats in the open air barn. However, the court noted that there is "no authority limits liability under the statute to a single actor when the facts demonstrate that more than one person may have confined the goats or had charge or custody of them." The jury reasonably could have concluded that the defendant, having confined, or having charge or custody of, the goats, failed to give the goats proper care or food, water, and shelter. On defendant's second claim, the court concluded that the mens rea required for a conviction under the relevant portion of § 53–247 (a) is general intent and that the trial court did not err by declining to instruct the jury on criminal negligence. Defendant's third argument - that § 53–247 (a), was unconstitutionally vague - was also dispensed by the court. Even if the terms "charge" or "custody" are susceptible to some degree of interpretation, the record here shows that defendant had definite notice that his conduct violated the law. Further, the evidence at trial showed that he had notice from the state on things like heat lamps and shelter from the wind and failed to protect the animals by acting on those instructions. Finally, the court considered defendant's final double jeopardy argument and whether the legislature intended to authorize multiple convictions for cruelty for each goat or one conviction for the cruel treatment of the nineteen goats under § 53–247 (a). In looking at previous versions of the anti-cruelty law and other laws within the chapter, the court found that defendant's separate abuse and maltreatment of each goat supports the nineteen separate counts filed by the prosecutor. The judgment was affirmed. Case
CA - Fish & Game - Chapter 1. General Definitions West's Ann. Cal. Fish & G. Code § 1 - 89.5 CA FISH & G § 1 - 89.5 This chapter includes the general definitions for the Fish and Game Code. Statute
US - AWA - Subpart B. Specifications for the Humane Handling, Care, etc. of Guinea Pigs and Hamsters. 9 C.F.R. § 3.25 - 3.41 These regulations provide the specifications for the humane handling, care, treatment, and transportation of Guinea Pigs and Hamsters. Administrative
UT - Dog - Consolidated Dog Laws U.C.A. 1953 § 10-8-65; § 4-40-101 - 102; § 18-1-1 - 4; § 18-2-101; § 23A-12-204 - 205; § 23A-5-309 - 310; § 26B-7-210 - 211; § 26B-1-236; § 58-28-601 UT ST § 10-8-65; § 4-40-101 - 102; § 18-1-1 - 4; § 18-2-101; § 23A-12-204 - 205; § 23A-5-309 - 310; § 26B-7-210 - 211; § 26B-1-236; § 58-28-601 These Utah statutes comprise the state's dog laws. Among the provisions include municipal pound pet sterilization provisions, rabies control laws, hunting laws that impact dogs, and laws concerning injuries caused by dogs. Statute
NY - Cruelty - Consolidated Cruelty Statutes McKinney's Agriculture and Markets Law § 331 - 382; McKinney's Penal Law § 130.20 NY AGRI & MKTS § 331 - 382; NY PENAL § 130.20 These New York statutes comprise the state's anti-cruelty provisions. "Animal" includes every living creature except a human being. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, or deprives any animal of necessary sustenance, food or drink, is guilty of a misdemeanor, punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or by both. Exclusions include properly conducted scientific tests, experiments or investigations, involving the use of living animals approved by the state commissioner of health. Statute
IN RE: S.S. FARMS LINN COUNTY, INC., JAMES W. HICKEY, MARIE HICKEY, JAMES JOSEPH HICKEY AND SHANNON HANSEN 50 Agric. Dec. 476 (1991) 1991 WL 290584 (U.S.D.A.) Reliance is to be no longer placed on "severe" sanction policy set forth in prior decisions; rather, sanction in each case will be determined by examining nature of violations in relation to remedial purposes of regulatory statute involved, along with all relevant circumstances, always giving appropriate weight to recommendations of administrative officials charged with responsibility for achieving congressional purpose. Case

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