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Displaying 81 - 90 of 6638
Title Citation Alternate Citation Summary Type
DE - Property - § 3050F. Dogs deemed personal property; theft; penalty 16 Del.C. § 3050F DE ST TI 16 § 3050F Dogs are considered personal property in Delaware. Statute
Slavin v. United States 2005 WL 742707 (8th Cir. 2005)

An Arkansas woman who raises gamefowl brought an action challenging the constitutionality of the Animal Welfare Act which prohibits the interstate transportation of birds for the purposes of fighting.  The trial court dismissed the woman's claim and the Court of Appeals affirmed holding the statute is not vague.

Case
Giaconia v. Delaware County Soc. for the Prevention of Cruelty to Animals Slip Copy, 2008 WL 4442632 (E.D.Pa.)

Plaintiff brought various claims against Defendants after Plaintiff’s cat was euthanized prior to the standard 72 hour waiting period.   On Defendants’ motion to dismiss, the United States District Court, E.D. Pennsylvania found that Defendants were not acting under color of law.   Because any and all claims for which the Court had original jurisdiction were being dismissed, the Court declined to exercise supplemental jurisdiction over Plaintiff’s State law claims.  

Case
DON'T FENCE ME IN--APPLICATION OF THE UNLAWFUL INCLOSURES OF PUBLIC LANDS ACT TO BENEFIT WILDLIFE 5 Animal L. 1 (1999) The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land serves more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlawful Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southwestern United States. Article
Chile - Slaughter - Decreto 28, 2013 Decreto 28, 2013 (1051388) This "Decreto" or executive order contains the regulations for the protection of animals that are used for meat, leather, feathers, and other byproducts by imposing the use of rational methods to avoid unnecessary suffering during technical procedures and slaughter. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 29, and 30, 2013. Animals must be stunned by the use of adequate methods that minimize their suffering before slaughter, and the animal must remain insensible until death. Article 24 exempts ritual slaughter. Statute
WA - Buckely - Breed - Chapter 9.10 (Pit Bull Ordinance) BUCKELY, WA., MUNICIPAL CODE §§ 9.10.020, 9.10.260 - 9.10.300 (2008)

In Buckely, Washington, pit bulls are defined to be “dangerous dogs." Such dogs are considered to be a public nuisance and shall be humanely destroyed or removed from the city.

Local Ordinance
Perpetual Trustees Tasmania Ltd v State of Tasmania [2000] TASSC 68

A testatrix bequeathed a part of her estate to be used in support of 'animal welfare'. It was held that this constituted a charitable trust as the purpose was so predominantly charitable that the intention was to be assumed and that even if that portion of the estate could be used for non-charitable purposes, this was in a manner allowed under the Wills Act 1992 (Tas).

Case
CA - Abandonment - § 597f. Failure to care for animals; duty of peace or humane officers; West's Ann. Cal. Penal Code § 597f (repealed) CA PENAL § 597f (Repealed in 2022). Every owner of any animal, who permits the animal to be without proper care and attention, shall, on conviction, be deemed guilty of a misdemeanor. It shall be the duty of any peace officer, officer of the humane society, or officer of a pound or animal regulation department of a public agency, to take possession of the animal so abandoned or neglected and care for the animal until it is redeemed by the owner. Every sick, disabled, infirm, or crippled animal, except a dog or cat, may, if after due search no owner can be found therefor, be killed by the officer. all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer or agency to be a veterinarian that ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. Statute
People v. Berry 1 Cal. App. 4th 778 (1991) 2 Cal.Rptr.2d 416 (1991)

In a prosecution arising out of the killing of a two-year-old child by a pit bulldog owned by a neighbor of the victim, the owner was convicted of involuntary manslaughter (Pen. Code, §   192, subd. (b)), keeping a mischievous animal (Pen. Code, §   399), and keeping a fighting dog (Pen. Code, §   597.5, subd. (a)(1)). The Court of Appeal affirmed, holding that an instruction that a minor under the age of five years is not required to take precautions, was proper. The court further held that the trial court erred in defining "mischievous" in the jury instruction, however, the erroneous definition was not prejudicial error under any standard of review. The court also held that the scope of defendant's duty owed toward the victim was not defined by Civ. Code, §   3342, the dog-bite statute; nothing in the statute suggests it creates a defense in a criminal action based on the victim's status as a trespasser and on the defendant's negligence.

Case
CA - Facility - § 868.4. Authorization for therapy or facility dogs to accompany certain witnesses in criminal West's Ann.Cal.Penal Code § 868.4 This law, effective in 2018, allows either party in a criminal or juvenile hearing to ask the court for approval to bring a therapy or facility dog for a child witness in a court proceeding involving any serious felony or any other victim who is entitled to a support person. Before a therapy or facility dog may be used, the party seeking its use must file a motion with the court that includes: (1) the training or credentials of the therapy or facility dog; (2) the training of the therapy or facility dog handler; and (3) facts justifying that the presence of the therapy or facility dog may reduce anxiety or otherwise be helpful to the witness while testifying. The court may grant the motion unless it finds the use of the therapy or facility dog would cause undue prejudice or be unduly disruptive to the court. Appropriate measures must be taken to assure that the presence of the therapy or facility dog as unobtrusive and nondisruptive as possible. Statute

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