Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Freel v. Downs | Freel v. Downs, 136 N.Y.S. 440 (1911) |
Cleveland H. Downs and Walter Smith were informed against for cruelty to animals, and they move to quash complaints. Complaint quashed against defendant Smith, and defendant Downs held to answer.
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Case | ||
| State v. Walker | 841 N.E.2d 376 (Ohio 2005) | 2005 WL 2697269 (Ohio), 164 Ohio App.3d 114 |
A dog owner was placed on probation which limited him from having any animals on his property for five years. While on probation, bears on the owner's property were confiscated after getting loose. The trial court ordered the dog owner to pay restitution for the upkeep of the confiscated bears, but the Court of Appeals reversed holding the trial court did not the authority to require the dog owner to pay restitution for the upkeep of the bears because the forfeiture of animals penalty did not apply to conviction for failure to confine or restrain a dog. |
Case | |
| PA - Fur - Dog and Cat Product Act | 73 P.S. § 210-1 to 7 | This set of laws represents the Dog and Cat Product Act. The act provides that no person shall sell or offer for sale, wholesale or retail, the fur, skin or hair of a dog or cat or any product or part of a product containing the fur, skin or hair of a dog or cat. Violation of the act commits a misdemeanor of the third degree. Subsequent offenses committed within five years of a prior conviction for the same offense constitutes a misdemeanor of the first degree. | Statute | ||
| NH - Exotic Pets - Part FIS 804. Possession of Wildlife | NH ADC FIS 804.01 - .07 | N.H. Code Admin. R. Fis 804.01 - .07 | Under these New Hampshire regulations, a permit to possess wildlife shall not be required for any person to possess wildlife designated as non-controlled (species such as aquarium fish, amphibians, reptiles except for alligators, crocodiles, and venomous species, many pet birds, small pet mammals like gerbils and hamsters, and certain ungulates). However, no person shall be issued a permit to possess wildlife that has been designated as prohibited. These prohibited species include, among others, zebra mussels, non-indigenous crayfish, walking catfish, and the white amur. A person must possess a permit to possess any live wildlife, or their hybrids, designated as controlled. Table 800.2 lists the controlled species which include many wild turtles and salamanders, alligators, crocodiles, badgers, bears, cougars, coyotes, elephants, kangaroos, big cats, and large primates such as chimpanzees and gorillas. Any person who has legally acquired and possesses wildlife under a valid permit in 1992, and continuously since, and such wildlife is now designated as prohibited or controlled, shall be issued a permit to possess such wildlife. | Administrative | |
| Whelen v. Barlow | 1975 CarswellAlta 242 | [1976] W.W.D. 35 |
Plaintiff Whelen was drunken, threatening and disorderly in defendant Barlow's hotel bar, where he kept guard dogs for the purpose of preventing break-ins and keeping the peace. After the plaintiff and friends were asked to leave the premises and not return, he later returned, making threatening gestures and was bitten on the face and arm by one of the guard-dogs. The court held that the plaintiff was 2/3 contributorily liable for his injuries, since when he returned he was trespassing; the defendant was 1/3 contributorily liable since the court held that keeping volatile guard-dogs as bouncers was not reasonable. |
Case | |
| Crossroads Apartments Associates v. LeBoo | 152 Misc.2d 830 (N.Y. 1991) | Landlord brought an eviction proceeding against tenant with a history of mental illness for possession of a cat in his rental unit in violation of a no pets policy. Tenant alleged that he needed the cat to alleviate his "intense feelings of loneliness, anxiety, and depression, which are daily manifestations of his mental illness." The court held that in order to prove that the pet is necessary for the tenant to use and enjoy the dwelling, he must prove "that he has an emotional and psychological dependence on the cat which requires him to keep the cat in the apartment." The court denied the housing authority's motion for summary judgment, stating that there was a triable issue of fact as to whether the cat was necessary for the tenant to use and enjoy the dwelling. | Case | ||
| People v. Maikhio | 126 Cal.Rptr.3d 74 (Cal. 2011) | 2011 WL 2437645 (Cal. 2011); 51 Cal.4th 1074 (2011) |
Defendant was charged with possession of a spiny lobster during closed season and failure to exhibit his catch as required by a statute. The Supreme Court held that the statute authorizes a warden to demand that a person who is or has recently been fishing or hunting to display his catch; the Fourth Amendment does not preclude a warden from briefly stopping a person. The warden's knowledge that the defendant lied in claiming he had caught nothing established probable cause to search his vehicle. By denying that he had caught anything, defendant failed to display his catch upon demand. |
Case | |
| City of Garland v. White | 368 S.W.2d 12 (Tex. Civ. App. 1963). |
Police officers were trespassers and could be held civilly liable for damages when they entered a dog owner's property with the intent to unlawfully kill the dog. Reports had been made that the dog was attacking other animals but because the attacks were not imminent, in progress, or recent, the killing of the dog was not lawful. |
Case | ||
| NY - Licenses - Chapter 69. Of the Consolidated Laws. Article 7. Licensing, Identification and Control of Dogs | McKinney's Agriculture and Markets Law § 110 | NY AGRI & MKTS § 110 | This New York statute provides the schedule of license fees for all dogs. It also enables local municipalities to enact licensing ordinances in addition to the fee proscribed by statute. This additional revenue shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and subsidizing public humane education programs in responsible dog ownership. | Statute | |
| People v. Zimberg | 33 N.W.2d 104 (Mich. 1948) | 321 Mich. 655 (Mich. 1948) |
Defendants were charged with having in their possession in the city of Detroit with intent to sell pikeperch (yellow pickerel) that were undersized, contrary to a Michigan statute. In response to defendants' challenge to the constitutionality of the statute, the court noted that it is universally held in this country that wild game and fish belong to the state and are subject to its power to regulate and control; that an individual may acquire only such limited or qualified property interest therein as the state chooses to permit. Defendants also contended the statute violated equal protection. The court disagreed, finding the argument is without foundation in fact, as the statute makes no discrimination. |
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