Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 |
| Hendricks v. Barlow | 656 N.E.2d 481 (Ind. 1995) | 656 N.E.2d 481 (Ind. 1995) |
Landowners were held in violation of a zoning regulation, established under a Hendricks County ordinance, which forbade having wild animals residing on residential property. The trial court held that the county could not pass such a law, since it would be preempted by state and federal law. However, on appeal, this Court found that federal (the AWA) and state law did not preempt the County from passing such ordinances. The trial court erroneously attempted to interpret the law when it was not ambiguous, and, thus, preemption by state and federal law should not have been found. Thus, the zoning regulation was permitted. |
Case |
| IN RE: ROSIA LEE ENNES | 45 Agric. Dec. 540 (1986) | 1986 WL 74679 (U.S.D.A.) | Civil penalty of $1,000 against unlicensed dealer was appropriate under 7 USCS § 2149(b), and greater penalty could have been requested where although moderate size of kennel suggested modest penalty, selling hundreds of dogs without license over 40-month period was grave violation of Animal Welfare Act, violations were not committed in good faith since dogs were knowingly and intentionally sold without license after receiving 4 warnings, and even though dealer thought mistakenly that Department would not prosecute her for such violations and there was no history of previous violations, the hundreds of violations proven were sufficient to warrant severe sanction. | Case |
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| People v. Harris | --- P.3d ---- 2016 WL 6518566 (Colo.App.,2016) | 2016 COA 159 (Colo.App.,2016) | Harris was convicted for twenty-two counts of cruelty to animals after dozens of malnourished animals were found on her property by employees of the Humane Society. On appeal, Harris raised two main issues: (1) that the animal protection agent who was an employee of the Humane Society was not authorized to obtain a search warrant to investigate her property and (2) that the mistreatment of the twenty-two animals constituted one continuous course of conduct and that the lower court violated her rights under the Double Jeopardy Clause by entering a judgment on twenty-two counts of animal cruelty. The Court of Appeals reviewed the issue of whether the animal protection agent had the authority to obtain a search warrant to investigate the property and determined that the agent did not have the proper authority. The Court looked to the state statute that specifically stated that only “state employees” were able to investigate livestock cases. In this case, the animal protection agent was employed by the Humane Society and was not a state employee; therefore, he did not have the authority to obtain a search warrant to investigate the property. However, the Court found that there was no constitutional violation with regard to the search warrant because it was still obtained based on probable cause. For this reason, the Court denied Harris’ request to suppress evidence that was submitted as a result of the search warrant. Finally, the Court reviewed Harris’ argument regarding her rights under the Double Jeopardy Clause. The Court found that under the statute dealing with animal cruelty, the phrases “any animal” and “an animal” suggests that a person commits a separate offense for each animal that is mistreated. Essentially, the Court held that the language of the statute “demonstrates that the legislature perceived animal cruelty not as an offense against property but as an offense against the individual animal.” As a result, Harris’ rights under the Double Jeopardy Clause were not violated and the Court upheld the lower court’s decision. | Case |
| CT - Horse Meat - § 21a-22. Sale of equine meat in public eating places | C. G. S. A. § 21a-22 | CT ST § 21a-22 | This Connecticut law states that a public eating place shall not sell or offer equine meat without without indicating such contents of each item in print. Any person, or the responsible agent of any firm or corporation, who violates any provision of this section shall be fined not more than $1,000 or imprisoned not more than 1 year or both. | Statute |
| UK - Welfare - Protection of Animals (Anaesthetics) Act 1954 | 1954 c. 46 |
For historical purposes only. Law has been repealed and/or replaced. An Act to extend the provisions of the Protection of Animals Acts in relation to the performance of operations on animals. The statute provides a list of operations that may only be performed with the use of anaesthetic. |
Statute | |
| Hoesch v. Broward County | 53 So.3d 1177 (Fla.App. 4 Dist., 2011) | 2011 WL 408882 (Fla.App. 4 Dist.) |
A Broward County, Florida ordinance defines a dangerous dog as “any dog that . . . [h]as killed or caused the death of a domestic animal in one incident.” Plaintiff Brian Hoesch’s dog escaped from Hoesch’s backyard and attacked and killed a neighbor’s cat. Prior to this incident, the dog had never been declared “dangerous” by any governmental authority. Hoesch requested a hearing after Broward’s animal control division notified Hoesch of its intent to destroy his dog. After a judgment in favor of Broward County, Hoesch contends that both county ordinances conflict with state law, section 767.11(1)(b), which defines a “dangerous dog” as any dog that “[h]as more than once severely injured or killed a domestic animal . . . .” The District Court of Appeal of Florida, Fourth District, concluded “that Broward County ordinance sections 4-2(k)(2) and 4-12(j)(2) are null and void insofar as they conflict with state law.” |
Case |
| U.S. v. Wahchumwah | 704 F.3d 606 (C.A.9 (Wash.)) | 2012 WL 5951624 (C.A.9 (Wash.)) |
After a government agent recorded a sale of eagle parts using a concealed audio visual device, the agent obtained a warrant and arrested the defendant for violating the Bald and Golden Eagle Protection Act. Upon appeal, the defendant challenged his jury conviction arguing two Constitutional violations, a Federal Rules of Evidence violation, and multiplicitous counts. The appeals court affirmed the jury conviction on all claims except the multiplicitous counts claim; this conviction was reversed. This opinion was Amended and Superseded on Denial of Rehearing by U.S. v. Wahchumwah , 710 F.3d 862 (9th Cir., 2012). |
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| A night monkey in a soiled cage looking out from plastic hideout | Slideshow Images |