Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| AU - Animal Welfare Act 1993 (TAS) | Prevention of Cruelty to Animals Act 1986 |
The AWA promotes the responsible care and use of animals through a strong focus on education, underpinned by legislation. It places a legal 'duty of care ' on those in charge of animals to provide for those animals' needs in an appropriate way. The RSPCA Tasmania administers this Act. |
Statute | |
| GA - Banks County - Chapter 14 (Article 3: Domestic Animals) & Appendix A: Zoning | The Code of Banks County, Georgia §§ 14-33, 14-34, 301, 501-503, 601-603, 701(A)-703(A), 701(B)-703(B) |
In Banks County, Georgia, the number of dogs a person may own depends on the zone in which the person's property is located. The following ordinances indicate the zones and the numbers, as well as provide additional restrictions on dogs located within certain zones.
|
Local Ordinance | |
| People v. Strobridge | 339 N.W.2d 531 (Mich.App.,1983) | 127 Mich.App. 705 (1983) |
In this Michigan case, the defendant appealed his conviction of keeping more than three dogs on his premises without a kennel license in violation of Grandville ordinances, § 21, No. 159-A. On appeal, defendant asserted that the trial court improperly denied his “nonconforming use” defense; that is, he claimed the ordinance at issue was a zoning ordinance rather than a regulatory ordinance. Relying on a case that held that prior nonconforming use (where a person has been using property in a nonconforming way prior to the adoption of the zoning ordinance), the court found that indeed defendant was entitled to present such a defense, as he owned the dogs on the property prior to adoption of the ordinance. Defendant next argued that the trial court erred in ruling that the ordinance was a constitutional exercise of the city's police power. While the court observed that criminal ordinances are to be more strictly construed than ordinances involving a civil penalty, it still found that the ordinance at issue was a valid exercise of police power, especially considering that a previous case had upheld a similar ordinance that limited ownership to only two dogs. |
Case |
| MI - Initiatives - Michigan Proposal 3 (mourning dove hunting) | 2006 Michigan Proposal 3 |
In 2006, Michigan voters were presented with Proposal 3 that would have legalized the hunting of mourning doves by adding the species to the state game list. The measure was defeated by a 69 to 31 percent vote. |
Statute | |
| WV - Dogs - Consolidated Dog Laws | W. Va. Code, §§ 5A-4-4; § 7-7-6d; § 19-9-1 - 40; § 19-20-1 - 26; § 19-20A-1 - 8; § 19-20B-1 - 6; § 19-20C-1 - 3; § 19-20D-1 - 3; § 20-2-5; § 20-2-5f; § 20-2-5j; § 20-2-16; § 20-2-56a | WV ST §§ 5A-4-4; § 7-7-6d; § 19-9-1 - 40; § 19-20-1 - 26; § 19-20A-1 - 8; § 19-20B-1 - 6; § 19-20C-1 - 3; § 19-20D-1 - 3; § 20-2-5; § 20-2-5f; § 20-2-5j; § 20-2-16; § 20-2-56a | These West Virginia statutes comprise the state's dog laws. Among the provisions include registration requirements, rabies control, and hunting laws that impact dogs. | Statute |
| Cohen v. Clark | 945 N.W.2d 792 (Iowa 2020) | 2020 WL 3524851 (Iowa June 30, 2020) | Karen Cohen possessed a severe allergy to pet dander which was medically documented. Cohen was even more severely allergic when exposed to cat dander which required her to carry an EpiPen with her. Initially her allergy to cats was the same as her allergy to dogs, however, with repeated exposure, her allergy to cats became worse. Cohen feared that her allergy to dogs would similarly progress if she were repeatedly exposed to dogs. As a result, Cohen entered into a lease agreement with 2800-1 LLC to rent an apartment relying on the fact that the apartment complex had a no pet policy. Two months into her lease, David Clark entered into a lease agreement with 2800-1 LLC to rent an apartment down the hall from Cohen. Shortly after moving in, Clark presented 2800-1 LLC with a letter from his psychiatrist explaining that due to Clark’s chronic mental illness a dog would benefit his mental health. Clark request a reasonable accommodation to have an emotional support animal (“ESA”) on the apartment premises. Jeffrey Clark, the leasing and property manager, notified the other tenants in the building of the request to accommodate the ESA and asked if any tenants had allergies to dogs. Cohen responded to Jeffrey detailing the allergies that she had to dogs and cats. Jeffrey subsequently contacted the Iowa Civil Rights Commission (“ICRC”) and requested a review or a formal agency determination. A staff member of the ICRC informed Jeffrey that he had to reasonably accommodate both Cohen’s allergies and Clark’s ESA request. There was no formal finding that this would constitute a reasonable accommodation. 2800-1 LLC allowed Clark to have a dog as his ESA while at the same time trying to mitigate Cohen’s allergies by having Cohen and Clark use separate stairwells and purchasing an air purifier for Cohen’s apartment. Despite the attempts to accommodate both tenants, Cohen still suffered allergic reactions and she had to limit the amount of time she spent in her apartment building. On September 27, 2017, Cohen brought a small claims action against 2800-1 LLC seeking one month’s rent as damages and alleging that 2800-1 LLC breached the express covenant of her lease that provided for no pets. Cohen also alleged that both Clark and 2800-1 LLC breached her implied warranty of quiet enjoyment. The small claims court dismissed Cohen’s claims. Cohen filed a notice of appeal three days later to the district court. The District Court concluded that 2800-1 LLC made sufficient efforts that would have justified denying Clark’s request for accommodation or asking him to move to another apartment building, however, because Iowa law was not sufficiently clear, they also dismissed the claims against 2800-1 LLC and Clark. Cohen filed an application for discretionary review to which 2800-1 LLC consented. The Supreme Court of Iowa granted the parties’ request for discretionary review. The Supreme Court noted that there is no law in Iowa or any other jurisdiction that clearly establishes how landlords should handle reasonable accommodation questions with ESAs. The Court ultimately found that Clark’s ESA was not a reasonable accommodation and that the 2800-1 LLC breached its promise to Cohen that the apartment would have no pets other than reasonable accommodations. 2800-1 LLC had other apartments available in other buildings that allowed pets. Cohen also had priority in time since she signed her lease first. The Court ultimately reversed and remanded the district court’s dismissal of Cohen’s case. | Case |
| AL - Entertainment - § 40-12-111. Horse show, rodeo, or dog and pony shows. | Ala.Code 1975 § 40-12-111 | This Alabama laws states that every horse show, rodeo, dog and pony show, or like exhibition or show, where any charge is made therefor, shall pay a license tax of $25 for each day of performance. | Statute | |
| Animal Legal Defense Fund, Wake County, A North Carolina Body Politic and Kelli Ferris, D.V.M., Plaintiffs v. Janie Conyers, Def | Plaintiffs in this case consist of the Wake County Animal Care, Control, and Adoption Center and the local chapter of the ALDF. They seek preliminary and permanent injunctions pursuant to N.C. Gen. Stat. Secs. 19A-1 through 19A-4 against Defendant Janie Conyers, who was found to have 106 animals living in her house under deplorable conditions. Specifically, plaintiffs seek to enjoin Defendant from acquiring any animals for 10 years after entry of judgment in this action. Plaintiffs also moved for an order pursuant to N.C. Gen. Stat. 19A-4 terminating all possessory interests in the animals seized and awarding custody and possessory rights to the ALDF. Most of the animals suffer from severe chronic oral and skin conditions due to neglect. Included in the documents are affidavits from veterinary professionals and the director of Wake County Animal, Care, Control, and Adoption Center concerning both the conditions of the animals seized and the estimated costs of care for those animals during the pendency of the litigation. | Pleading | ||
| Rowley v. Murphy | [1964] 2 QB 43 | [1963] 3 WLR 1061; [1964] 1 All ER 50; 128 JP 88; 107 SJ 982 |
A deer being hunted with a pack of hounds jumped onto a road and fell under a stationery vehicle. Members of the hunt dragged the deer from under the vehicle to a nearby enclosure, where the Master of the hunt slit the deer's throat and killed it. The Divisional Court held that the Master could not be convicted of an offence of cruelty under the 1911 Act because, for the purposes of that Act, which protects only captive and domestic animals, a mere temporary inability to escape did not amount to a state of captivity. |
Case |
| Brent v. Kimball | 60 Ill. 211 (1871) | 1871 WL 8118 (Ill.), 14 Am.Rep. 35 (Ill. 1871) |
This was an action of trespass, brought by appellant against appellee, for the alleged wrongful killing, by the latter, of appellant's dog. Plaintiff sought recovery for his dog that was shot and killed when it entered into defendant/neighbor’s backyard. The Court held that the plaintiff could recover at least nominal damages, regardless of the fact that the animal had no actual market value. |
Case |