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Animal Law Index Volume 21, Part 1

Animal Law Index Volume 21, Part 1 (Fall 2014)

ARTICLES

 

Policy
FL - Initiatives - Amendment 13, Ban on Wagering on Dog Races Amendment 13 A proposed revision relating to ending dog racing; creating new sections in Article X and Article XII of the State Constitution to prohibit the racing of, and wagering on, greyhounds and other dogs after a specified date. Statute
VA - Ordinances - § 3.2-6543. Governing body of any locality may adopt certain ordinances Va. Code Ann. § 3.2-6543 VA ST § 3.2-6543 This Virginia statute provides that the governing bodies of counties, cities, and towns of the Commonwealth are hereby authorized to adopt, in their discretion, ordinances which parallel statutory sections dealing with licensing of dogs, taxation, impoundment, and regulation of dangerous dogs. It also provides that nothing in this section shall be construed so as to prevent or restrict any local governing body from adopting local animal control ordinances which are more stringent than the relevant state statutory sections. It further outlines how ordinances may impose civil penalties for violations of the above. Statute
OH - Horse slaughter - Chapter 919. Horse Meat R.C. § 919.01 - 919.99 OH ST § 919.01 - 919.99 These Ohio statutes deal with horse slaughter and horse meat. Any person who has any establishment that processes and sells horse meat for human food must be licensed by the department of agriculture. The statutes also stipulate certain labeling, signage, and record-keeping requirements. A violation is a first degree misdemeanor. Statute
US - Pets and housing - § 5.380 Public housing programs: Procedure for development of pet rules. 24 C.F.R. § 5.380 This rule states that Public Housing Authorities (PHAs) must consult with tenants of projects on rules for pets in projects for the elderly or persons with disabilities. PHAs shall send to the responsible HUD field office, copies of the final (or amended) pet rules, as well as summaries or copies of all tenant comments received in the course of the tenant consultation. Administrative
MO - Liberty - Breed - Sec. 4-24. - Keeping of pit bull dogs prohibited. LIBERTY, MO., CITY CODE §§ 4-24 - 4-25 (2010)

In Liberty, Missouri, it is be unlawful to keep, harbor, own or possess any pit bull dog, with exceptions for pit bull dogs already residing in the city. Such dogs may remain as long as the owner complies with certain requirements, such as proper registration, proper confinement, the use of a leash and muzzle, the posting of "Beware of Dog-Pit Bull," keeping $50,000 liability insurance, and taking identification photographs. Any dog found to be the subject of a violation may be subject to seizure and impoundment.

Local Ordinance
Grise v. State Grise v. State, 37 Ark. 456 (1881).

The Defendant was charged under the Arkansas cruelty to animal statute for the killing of a hog that had tresspass into his field.  The Defendant was found guilty and appealed.  The Supreme Court found that the lower court commited error by instructing the jury that all killing is needless.  The Court reveresed the judgment and remanded it for further consideration.

Case
US - Eagles - Golden Eagle Management Plan 1982 WL 133688 (F.R.) FR Doc. 82-3479 (1982)

This notice advises the public of the Fish and Wildlife Service's development of a golden eagle management plan and invites public comment. The plan is needed to : (1) identify golden eagle needs; and (2) guide Service management and research efforts for golden eagles. The intended effect of the plan is to protect and conserve golden eagle populations while facilitating balanced development of the Nation's natural resources and the resolution of eagle/man conflicts.

Administrative
U.S. v. Rioseco 845 F.2d 299 (11th Cir. 1988)

After defendant was found fishing in the Cay Sal Bank area of the Bahamas, Coast Guard officers informed appellant that possession of a Bahamian fishing license was necessary to fish in those waters and that failure to possess such a license would render such fishing a contravention of the United States Lacey Act.  On appeal, defendant contended that the Lacey Act is unconstitutional in that it incorporates foreign law, thereby delegating legislative power to foreign governments.  The court found that the Lacey Act which prohibited the possession or importation of fish and wildlife taken in violation of foreign laws, was not an improper delegation of legislative power simply by its reference to foreign law.

Case
SD - Fur - Chapter 40-35. Domesticated Fur-Bearing Animals. S D C L § 40-35-1 to 6 SD ST § 40-35-1 to 6 These South Dakota statutes pertain to domesticated fur-bearing animals. These animals are subject to private ownership, and documentation is required to possess live fur-bearing animals. Products made from domestic furbearers are considered to be agricultural products and breeding such animals, or marketing the products, is an agricultural pursuit subject to the Department of Agriculture. Statute

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