Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Convention on International Trade in Endangered Species | 27 U.S.T. 1087 |
CITES is a mature international treaty which, as of the Fall of 2002, has over 150 countries as members. The purpose of the treaty is to control the international movement of listed wild plants and animals, alive or dead, whole or parts there of ("specimens" of species) in such a manner as to be assured that the pressures of international trade do not contribute to the endangerment of the listed species. States must issue permits for international movement of listed species. |
Treaty | ||
| SD - Licenses - 40-34-5. Running at large prohibited by county--County license or tax on dogs | S D C L § 40-34-5 | SD ST § 40-34-5 | This South Dakota statute provides that the board of county commissioners of each of the counties shall have the power to regulate, restrain or prohibit the running at large of dogs and to impose a license or tax on all dogs not licensed or taxed under municipal ordinance, owned or kept by any person within the county. | Statute | |
| French and Spanish Animal Laws |
French and Spanish Animal LawsFrance:1. Law of July 2,1850 relating to maltreatments on domestic animals Loi du 2 juillet 1850 relative aux mauvais traitements exercés envers les animaux domestiques . |
Policy | |||
| Barney v. Pinkham | 45 N.W. 694 (Neb. 1890) | 29 Neb. 350 (Neb. 1890) |
Plaintiff was was the owner of a certain roan mare of the value of $200; that, on or about the 21st day of April, 1888, the said mare became and was sick with some disease then unknown to plaintiff in kind and character; that, at said date last aforesaid, and long prior thereto, the defendant claimed to be, and advertised and held himself out to the public to be, a veterinary surgeon, and asked to be employed as such in the treatment of sick and diseased horses. The court held that a veterinary surgeon, in the absence of a special contract, engages to use such reasonable skill, diligence, and attention as may be ordinarily expected of persons in that profession. He does not undertake to use the highest degree of skill, nor an extraordinary amount of diligence. In other words, the care and diligence required are such as a careful and trustworthy man would be expected to exercise. The case was remanded for determination of further proofs. |
Case | |
| Maldonado v. Franklin | Not Reported in S.W. Rptr., 2019 WL 4739438 (Tex. App. Sept. 30, 2019) | Trenton and Karina Franklin moved into a subdivision in San Antonio, Texas in September of 2017. Margarita Maldonado lived in the home immediately behind the Franklins’ house and could see into the Franklins’ backyard. Maldonado began complaining about the Franklins’ treatment of their dog. The Franklins left the dog outside 24 hours a day, seven days a week no matter what the weather was like. Maldonado also complained that the dog repeatedly whined and howled which kept her up at night causing her emotional distress. Maldonado went online expressing concern about the health and welfare of her neighbor’s dog, without naming any names. Mr. Franklin at some point saw the post and entered the conversation which lead to Mr. Franklin and Maldonado exchanging direct messages about the dog. Maldonado even placed a dog bed in the backyard for the dog as a gift. In December of 2017, the Franklins filed suit against Maldonado for invasion of privacy by intrusion and seclusion alleging that Maldonado was engaged in a campaign of systemic harassment over the alleged mistreatment of their dog. While the suit was pending, Maldonado contacted Animal Control Services several times to report that the dog was outside with the heat index over 100 degrees. Each time an animal control officer responded to the call they found no actionable neglect or abuse. In June of 2018, Maldonado picketed for five days by walking along the neighborhood sidewalks, including in front of the Franklins’ house, carrying signs such as “Bring the dog in,” and “If you’re hot, they’re hot.” The Franklins then amended their petition adding claims for slander, defamation, intentional infliction of emotional distress, and trespass. The trial court granted a temporary injunction against Maldonado, which was ultimately vacated on appeal. Maldonado filed a Anti-SLAPP motion and amended motion to dismiss the Franklins’ claims as targeting her First Amendment rights. The trial court did not rule on the motions within thirty days, so the motions were denied by operation of law. Maldonado appealed. The Court began its analysis by determining whether Maldonado’s motions were timely. Under the Texas Citizen’s Participation Act (TCPA) a motion to dismiss must be filed within sixty days of the legal action. The sixty-day deadline reset each time new factual allegations were alleged. Due to the fact that the Franklins had amended their petition three times and some of the amended petitions did not allege any new factual allegations, the only timely motions that Maldonado filed were for the Franklins’ claims for slander and libel. The Court then concluded that Maldonado’s verbal complaints to the Animal Control Service and online posts on community forums about the Franklins’ alleged mistreatment of their dog were communications made in connection with an issue related to a matter of public concern and were made in the exercise of free speech. Therefore, the TCPA applied to the Franklins’ slander and libel claims. The Court ultimately concluded that although Maldonado established that the TCPA applied to the slander and libel claims, the Franklins met their burden to establish a prima facie case on the slander and libel claims. Therefore, the Court ultimately concluded that Maldonado’s motion to dismiss the slander and libel claims were properly denied. The Court affirmed the trial court’s order and remanded the case to the trial court. | Case | ||
| CT - Reindeer - 26-57a. Regulations for the establishment of in-state captive herds of cervids. | C.G.S.A. § 26-57a | This Connecticut law relates to the regulation of in-state captive herds of cervids, including reindeer. Under the law, not later than November 1, 2012, the Commissioner of Agriculture shall implement a pilot program for the issuance of two permits that allow not more than two Connecticut businesses to maintain not more than five reindeer each. | Statute | ||
| VT - Lost Property - Chapter 11. Lost Property | 27 V.S.A. § 1101 - 1110 | VT ST T. 27 § 1101 - 1110 | These statutes comprise Vermont's lost property provisions. | Statute | |
| OK - Trust - § 199. Validity of a trust for the care of domestic or pet animals. | 60 Okl. St. Ann. § 199 | OK ST T. 60 § 199 | Oklahoma enacted a "pet trust" law in 2010. The law provides that a trust for the care of designated domestic or pet animals is valid and terminates when no living animal is covered by the trust. If no trustee is named, the court shall appoint one. | Statute | |
| WA - Selah - Breed - 5.07.080 Pit bull dogs prohibited. | SELAH, WA., MUNICIPAL CODE § 5.01.125, 5.01.127, 5.01.40, 5.01.50, 5.07.080 - 5.07.127 (2004) |
In Selah, Washington, it is unlawful to keep, harbor, own, or possess a pit bull dog, with an exception for pit bulls licensed prior to the ordinance. Such dogs are subject to certain requirements regarding confinement, use of an orange collar, leash and muzzle, the posting of"Beware of Dog" signs, and the maintenance of liability insurance. Such dogs must be vaccinated against rabies and be photographed and micro-chipped for identification purposes. An owner who fails to comply may have his pit bull dog confiscated and impounded. Violations of r constitute a gross misdemeanor, punishable by a fine of up to $5,000 and/or imprisonment of up to one year. |
Local Ordinance | ||
| Veterinary Surgeons Investigating Committee v. Lloyd | 2002 WL 31928523, 134 A Crim R 441 | 2002 NSWADT 284 |
Appeal of agency determination of veterinarian malpractice for failure to detect ring worms in a cat. Long case with full discussion of process of administrative hearing and the standards by which to decide if an action is malpractice. |
Case |