Results

Displaying 6631 - 6638 of 6638
Title Citation Alternate Citation Agency Citation Summary Type
Donations

Donations

This site is a public library that requires considerable resources to keep current and to grow. Your donations to the site would be greatly appreciated. A gift to the Web Center may be eligible for tax deductibility.

Basic page
US - Hunting - Airborne Hunting Act 16 USC 742j-1 This Act approved November 18, 1971 added to the Fish and Wildlife Act of 1956 a new section 13 (16 U.S.C. 742j-l), which is commonly referred to as the Airborne Hunting Act or Shooting from Aircraft Act, prohibits shooting or attempting to shoot or harassing any bird, fish, or other animal from aircraft except for certain specified reasons, including protection of wildlife, livestock, and human life as authorized by a Federal or State issued license or permit. States authorized to issue permits are required to file reports with the Secretary of the Interior containing information on any permits issued. Statute
AL - Veterinary - Chapter 29. Veterinarians. Ala. Code 1975 § 34-29-1 - 135 AL ST § 34-29-1 to 135 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. Statute
City of Onida v. Brandt 959 N.W.2d 297 (S.D., 2021) 2021 S.D. 27 The City of Onida (the City) filed a petition for declaratory judgment seeking authorization from the circuit court to euthanize two dogs owned by the Appellants as “vicious animals” under Onida ordinances or, alternatively, based upon a determination that the dogs were dangerous under state law (SDCL 7-12-29). The circuit court concluded the City could not require the dogs to be euthanized under the ordinance but found that the requirements of SDCL 7-12-29 were met. Appellants appeal the circuit court's order directing the Sheriff to dispose of the dogs pursuant under state law. In 2020, the appellants' dogs attacked a neighbor's smaller dog just outside of the neighbor's door to their home. The attack caused numerous bite wounds and internal injuries to the smaller dog who eventually died. Prior to this event, there were two other incidents where appellants' dog rushed up to a woman working outside her house barking aggressively and another incident involving the same neighbor's dog who was the victim in the instant case. The sheriff was summoned for the prior incidents, although no formal action was taken and appellants beefed up measures to keep the dogs in their yard. After the attack on the neighbor's dog, the sheriff formally declared the dogs "vicious animals" under the city's ordinance and obtained a TRO to remove the dogs to keep them at a nearby kennel until further disposition from the court. Ultimately, the City filed a petition for declaratory judgment requesting authorization for euthanasia of the dogs. Alternatively, the City sought a determination of dangerousness under SDCL 7-12-29 and requested an order allowing the sheriff to dispose of the dogs. The court found Appellants violated SDCL 40-34-2 by owning a “dog that chases, worries, injures, or kills any ... domestic animal ....” The court further found under the Ordinance that the dogs were improperly unleashed and running at large within city limits and that the dogs were “vicious animals.” However, the court determined the City could not require Appellants to euthanize the dogs under the Ordinance because no “vicious animal” notice had been given to Appellants prior to the fatal attack on the neighbors’ dog. However, the court found that Appellants’ dogs were dangerous under SDCL 7-12-29 and authorized the Sheriff to dispose of the dogs. The circuit court stayed the order pending this appeal. On appeal, the appellants challenge the City's authority to request that the Sheriff dispose of the dogs under SDCL 7-12-29 after the circuit court denied such relief under the Ordinance. Appellants also argue that the circuit court erred in determining the dogs were dangerous and authorizing the Sheriff to dispose of the dogs under SDCL 7-12-29 in absence of a showing that the Department of Health had been consulted. The Supreme Court held that presented on appeal is whether the circuit court could order the Sheriff to dispose of the dogs under SDCL 7-12-29. SDCL 7-12-29 allows a sheriff to take possession of any animal suspected of being dangerous, continue to hold the animal until a formal determination of dangerousness can be made, and dispose of the animal through humane means if it is determined to be dangerous. Appellants claim that the court improperly used a "hybrid" application of both state and local law. This Court disagreed, finding that appellants presented no authority that the sheriff could not act under state law as opposed to city law. Appellants’ second argument is that circuit court erred by entering an order to permit the Sheriff to dispose of the dogs under the statute without first requiring consultation with the Department of Health for the purpose of rabies control. The Court agreed that the text of SDCL 7-12-29 includes both public safety and public health considerations that requires a formal consultation. However, the Court found this error to be harmless and the failure to consult with the Department of Health had any effect on the court's decision, or that it harmed the substantial rights of the Appellants. In fact, it was stipulated that both dogs were vaccinated against rabies and no continuing public health risk existed since the dog victim died 12 months prior at the veterinarian. The Court affirmed the judgment of the circuit court ordering that “the Sheriff may now dispose of [Appellants’ two dogs] through humane euthanasia.” Case
WA - Initiatives - Washington Initiative 713 (trapping) Initiative 713 (2000) This Washington initiative passed in 2000 made it a gross misdemeanor to capture an animal with a steel-jawed leghold trap, neck snare, or other body-gripping trap. The director of fish and wildlife could grant special circumstance exceptions. It is also unlawful to knowingly buy or sell an animal pelt trapped in this manner. It is also a gross misdemeanor to poison any animal using sodium fluoroacetate (Compound 1080) or sodium cyanide (violators lose trapping licenses). Statute
Ward v. Hartley 895 A.2d 1111 (Md.App., 2006) 2006 WL 902553 (Md.App.), 168 Md.App. 209

In this Maryland case, a dog bite victim filed a negligence and strict liability action against the dog owners and their landlords.  In plaintiff's appeal of the trial court's granting of defendant's motion for summary judgment, the appellate court held that the landlords had no control over the premises where the "dangerous or defective condition" existed and thus had no duty to inspect.  The court found that first, no statute, principle of common law, or provision in the lease imposed upon the landlord the duty to inspect the leased premises to see if a vicious animal was being kept.  Second, there was no evidence presented that, at the time the lease was signed by the landlord, he knew, or would have had any way of knowing, that a vicious animal was to be kept on the premises.

Case
U.S. v. Crutchfield 26 F.3d 1098 (11th Cir. 1994) 39 Fed. R. Evid. Serv. 1206 (1994)

The court reversed the district court's judgment of convictions against defendants for the illegal importation and the intent to sell iguanas in the United States because of prosecutorial misconduct. The court held that the prosecutor wasted valuable money in pursuing irrelevant testimony, and improperly questioned defendants and their witnesses after repeated warnings from the district court judge.

Case
US - Marine Mammals - Taking and Importing of Marine Mammals; Deterrence Regulations and Guidelines 1995 WL 258491 (F.R.) RIN 0648-AH19

The Marine Mammal Protection Act (MMPA) Amendments of 1994 provided new authority to citizens of the United States to deter marine mammals from: Damaging fishing gear and catch; damaging private property; endangering public safety; or damaging public property. The Amendments require NMFS to publish a list of guidelines for use in safely deterring marine mammals and to prohibit deterrence measures that have a significant adverse impact on marine mammals. This proposed rule sets forth preliminary versions of the guidelines and prohibitions, and seeks public comment upon which to refine them.

Administrative

Pages