Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Lira v. Greater Houston German Shepherd Dog Rescue, Inc. | 488 S.W.3d 300 (Tex. Apr. 1, 2016) | 2016 WL 1267745 (Tex. Apr. 1, 2016) |
In this case, plaintiff’s family dog, a German Shepherd named Monte, ran away and was rescued by Greater Houston German Shepherd Dog Rescue (GHGSDR). The organization refused to return the dog to plaintiff, so plaintiff filed suit against GHGSDR. The court found that there is no common law that states that a dog owner loses property rights to its dog if it runs away and is found by someone else. The court also looked to whether or not there was a city ordinance that would determine the proper ownership of the dog. Ultimately, the court found that the city ordinance regarding stray dogs did not strip the plaintiff of ownership rights because the dog had run away. The court also held that if there were any doubts as to the meaning of the ordinance, it should always be read “against a forfeiture of property.” The Supreme Court of Texas reversed judgment of the court of appeals and rendered judgment reinstating the trial court's judgment that Monte belonged to the Liras and the court properly enjoined GHGSDR to return him to his owners. |
Case |
| WI - Montello - Breed - § 117-17 Pit Bull Dogs. | MONTELLO, WI., CODE § 117-17 (1989) |
In Montello, Wisconsin, it is unlawful to keep, harbor, own or possess any pit bull dog, provided that dogs previously registered may be kept subject to certain requirement. These requirements are keeping the dog properly confined or on a leash and muzzle, posting a "Beware of Dog” sign, keeping $50,000 liability insurance, and taking photographs for identification purposes. Sale or transfer of ownership of pit bulls is prohibited. Failure to comply may result in the seizure and impoundment of the dog, a fine of up to $1,000 and imprisonment for up to 30 days. |
Local Ordinance | |
| Daniele v Weissenberger | 2002 WL 31813949,136 A Crim R 390 | 2002 WASCA 346 |
Court uphold conviction for failure to provide food and water for horses. Even thought not the owner, he was the responsible party. Sentence of $3,000 fine and suspended 3 month was not excessive. |
Case |
| AL - Dog - Chapter 49. Mobile County Dog Laws | Ala. Code 1975 § 45-49-170.20 - .28; Ala.Code 1975 § 45-49-231 | AL ST § 45-49-170.20 - .28; AL ST § 45-49-231 | These are laws specific to Mobile County in Alabama. The first set of laws concern the regulation of dangerous or nuisance dogs in the county. An animal control officer or law enforcement officer of Mobile County shall investigate any incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas of Mobile County. If there is probable cause to believe that an owned dog is dangerous or a nuisance and has caused serious physical injury or has caused damage to real or personal property, the law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance. The next law (§ 45-49-231) concerns theft of dogs in the county. Any person who picks up a dog wearing a collar and name plate bearing the name and address of the owner of the dog shall make contact with the owner and deliver the dog to the owner, or return the dog to the place where the dog was picked up. If the person fails to carry out this section, he or she shall be subject to arrest and prosecution for the crime of theft as provided in Chapter 8 of Title 13A. | Statute |
| TX - Disaster - § 418.043. Other Powers and Duties (pet disaster planning) | V. T. C. A., Government Code § 418.043 | TX GOVT § 418.043 | The Texas Division of Emergency Management is directed to assist political subdivisions in developing plans for the humane evacuation, transport, and temporary sheltering of service animals and household pets in a disaster. | Statute |
| AL - Lanett - Breed - Pit Bull Ordinance - Sec. 6-8 - Regulations regarding vicious dogs | LANETT, AL., CODE OF CITY ORDINANCES, § 6-8 (2005) |
In Lanett, Alabama, it is unlawful to keep, harbor, own, or possess any pit bull or presa canario dog. Dogs that were within the city on the effective date may be kept within the city subject to certain requirements, such as keeping the dog properly confined, using a leash and muzzle, posting a “Beware of dog” sign, the maintenance of liability insurance of $100,000, and the taking of identification photographs. A violation of the chapter is a misdemeanor, and could result in a fine up to $500 and/or imprisonment up to 30 days under Section 6-13.
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Local Ordinance | |
| State v. McDonald | 110 P.3d 149 (Ut. 2005) | 2005 UT App. 86 |
A woman was convicted of fifty-eight counts of animal cruelty after animal control officers found fifty-eight diseased cats in her trailer. The trial court sentenced the woman to ninety days of jail time for each count, but revised the sentence to include two days of jail time, two years of formal probation, and twelve and a half years of informal probation. The Court of Appeals affirmed the conviction, but found that fourteen and a half years probation exceeded the court's statutory authority. |
Case |
| State v. Smith | 54 A.3d 638 (Conn.App.) | 139 Conn.App. 107 |
A defendant was charged and convicted of one count of permitting a dog to roam at large. Upon appeal, the defendant argued the statute he was convicted under was unconstitutionally vague and that he was convicted under insufficient evidence. Defendant contended that simply having his dog off-leash did not mean that it was roaming at large and not under his control where the dog responded to verbal commands. The court rejected both of defendant's arguments, finding that the plain language of the statute clearly prohibits an owner allowing a dog to move freely on another's property unrestrained and not under the owner's direct influence. |
Case |
| Environmental Code of Ecuador | The Environmental Code was published in 2018. It aims to “guarantee the right of people to live in a healthy and ecologically balanced environment, as well as protect the rights of nature for the realization of good living.” This code was the base for reforming the Criminal Code, which increased the punishment for animal cruelty. This law contains administrative sanctions, including fines, animal confiscation, community service, prohibition to acquire or keep animals temporarily or permanently, and payment of veterinary, food, and maintenance costs required for the animal’s recovery, among others. The environmental code contains environmental management provisions, including wildlife, urban fauna, climate change, waste management, etc. Under this code, the welfare of domestic animals and wildlife is a duty. It establishes the obligations and responsibilities related to animals. Regulations, control management, and coordination of the parameters outlined in this law lay on the Autonomous decentralized Municipal or Metropolitan Governments. For instance, cities have the power to regulate animal welfare concerning the ownership of animals and during the rearing, commercialization, breeding, transportation, and euthanasia of animals. Another example of this power vested in the cities and municipalities is the responsibility to establish plans and programs to prevent, manage, and control animal populations. This includes informative and educational campaigns on animal welfare, sterilization, and responsible adoption. | Statute | ||
| NV - Equine Activity - Limitations on liability; duties of a participant in an equine activity; exceptions; definitions | Nev. Rev. Stat. Ann. § 41.519 | Nev. Rev. Stat. Ann. § 41.519 (West) | This Nevada statute limits the liability of equine sponsors and professionals, veterinarians, or any other person, for an injury to or death of a participant as a result of an inherent risk of equine activity. The statute also provides the duties that equine activity participants must complete. Finally, the statute provides the exceptions for when a person is not immune from civil liability under the statute and the definition of terms used within the statute. | Statute |