Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Cruelty, Police Shooting Pets, Domestic Violence and Hoarding | Policy | |||
| IN RE: ROSIA LEE ENNES | 45 Agric. Dec. 540 (1986) | 1986 WL 74679 (U.S.D.A.) | Civil penalty of $1,000 against unlicensed dealer was appropriate under 7 USCS § 2149(b), and greater penalty could have been requested where although moderate size of kennel suggested modest penalty, selling hundreds of dogs without license over 40-month period was grave violation of Animal Welfare Act, violations were not committed in good faith since dogs were knowingly and intentionally sold without license after receiving 4 warnings, and even though dealer thought mistakenly that Department would not prosecute her for such violations and there was no history of previous violations, the hundreds of violations proven were sufficient to warrant severe sanction. | Case |
| VA - Dangerous - § 3.2-6553. Compensation for livestock and poultry killed by dogs | Va. Code Ann. § 3.2-6553 | VA ST § 3.2-6553 | This Virginia statute states that any person who has any livestock or poultry killed or injured by any dog not his or her own shall be entitled to receive the fair market value of such livestock or poultry not to exceed $750 per animal or $10 per fowl, provided that the claimant has furnished evidence, the animal control officer was notified within seventy-two hours after discovery of the damage, and the claimant has exhausted other legal remedies. However, local jurisdictions may by ordinance waive the last two requirements provided that the ordinance adopted requires that the animal control officer has conducted an investigation and that his investigation supports the claim. | Statute |
| England, Wales & Scotland - Wildlife, badgers - Protection of Badgers Act 1992 | 1992 CHAPTER 51 | This Act prohibits the deliberate killing, injuring or capturing of a wild badger; and any interfering with badger setts (and the attempt to do so). General exemptions are provided, and licenses may be issued for the taking and killing of badgers (for example, as obtained for recent badger culls). | Statute | |
| Hoesch v. Broward County | 53 So.3d 1177 (Fla.App. 4 Dist., 2011) | 2011 WL 408882 (Fla.App. 4 Dist.) |
A Broward County, Florida ordinance defines a dangerous dog as “any dog that . . . [h]as killed or caused the death of a domestic animal in one incident.” Plaintiff Brian Hoesch’s dog escaped from Hoesch’s backyard and attacked and killed a neighbor’s cat. Prior to this incident, the dog had never been declared “dangerous” by any governmental authority. Hoesch requested a hearing after Broward’s animal control division notified Hoesch of its intent to destroy his dog. After a judgment in favor of Broward County, Hoesch contends that both county ordinances conflict with state law, section 767.11(1)(b), which defines a “dangerous dog” as any dog that “[h]as more than once severely injured or killed a domestic animal . . . .” The District Court of Appeal of Florida, Fourth District, concluded “that Broward County ordinance sections 4-2(k)(2) and 4-12(j)(2) are null and void insofar as they conflict with state law.” |
Case |
| WY - Cruelty - Consolidated Cruelty Statutes | W.S.1977 § 6-3-1001 - 1010; § 6-4-601 | WY ST § 6-3-1001 - 1010; § 6-4-601 | This compilation of laws contains Wyoming's anti-cruelty provisions that were amended in 2021. Under the new laws, a person commits cruelty to animals if the person knowingly overrides an animal or drives an animal when overloaded; intentionally or knowingly, unnecessarily injures or beats an animal; or knowingly carries an animal in a manner that poses undue risk of injury or death. Additionally, a person has the charge or custody of any animal under circumstances that manifest "extreme indifference" to the animal's safety, health or life, and fails to provide it with listed necessities, abandons the animal, fails to provide the animal with appropriate care in the case of immediate and obvious serious injury or illness also commits cruelty to animals. Other prohibitions include animal fighting, shooting or poisoning livestock or domestic animals on property where the animal is authorized to be. A first offense of cruelty to animals or of a violation of W.S. 6-3-1003 is a misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750.00, or both, with enhanced penalties for subsequent convictions. Felony cruelty to animals occurs when a person commits cruelty to animals as defined in W.S. 6-3-1002(a)(v) through (ix), that results in the death or required euthanasia of the animal; or (ii) knowingly, and with intent to cause death or undue suffering, beats with cruelty, tortures, torments or mutilates an animal. Such acts incur permanent forfeiture of the animal at issue and imprisonment for not more than two years and/or a fine of up to $5,000. With either misdemeanor or felony convictions, the court may order forfeiture of the animals involved, payment of reasonable costs of animal impoundment, and restraints on future ownership of animals. A bestiality law was also enacted in 2021 that prohibits actors from engaging in sexual acts with animals. Violation is a misdemeanor with punishment of up to one year imprisonment and/or a fine of up to $1,000. | Statute |
| David v. Lose | 218 N.E.2d 442 (Ohio 1966) | 7 Ohio St.2d 97, 36 O.O.2d 81 (Ohio 1966) |
Syllabus by the Court
1. In order to establish a prima facie case against a bailee in an action sounding in contract, a bailor need prove only (1) the contract of bailment, (2) delivery of the bailed property to the bailee and (3) failure of the bailee to redeliver the bailed property undamaged at the termination of the bailment.
2. In an action by a bailor against a bailee based upon a breach of the contract of bailment, where the bailor proves delivery of the bailed property and the failure of the bailee to redeliver upon legal demand therefor, a prima facie case of want of due care is thereby established, and the burden of going forward with the evidence shifts to the bailee to to explain his failure to redeliver. (Agricultural Ins. Co. v. Constantine, 144 Ohio St. 275, 58 N.E.2d 658, followed.)
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Case |
| SC - Leash - § 51-3-145. Certain acts unlawful at state parks. | Code 1976 § 51-3-145 | SC ST § 51-3-145 | This South Carolina law contains a dog leash provision that states that it is unlawful for any person to bring a dog or any other animal into the park or facility unless it is crated, caged, or upon a leash not longer than six feet or otherwise under physically restrictive control at all times (see section P). This provision concerns any park or facility under the jurisdiction of the Department of Parks, Recreation and Tourism. | Statute |
| New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture | 2007 WL 486764 (N.J.Super.A.D.,2007) | Not Reported in A.2d |
This New Jersey case concerns several challenges to the adoption of livestock regulations by the state Department of Agriculture. Specifically, several animal welfare groups contended that several of the regulations were inhumane and in violation of the state’s legislative mandate to issue humane livestock standards. The Superior Court of New Jersey, appellate division, agreed with the Department, holding that the challenged regulations are consistent with the agency's legislative mandate, and are neither arbitrary, nor unreasonable. This Judgment was Affirmed in Part, Reversed in Part by New Jersey Soc. for Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture, 196 N.J. 366,955 A.2d 886 (N.J., 2008). |
Case |
| United States of America v. James and Thomas Allemand | 34 F.3d 923 (10th Cir. 1994) |
The jury convicted the Allemands of conspiring to export illegally taken wildlife and to file false records concerning wildlife intended for export. The court held that any error in the trial court's failure to instruct the jury that it could convict for conspriacy to make and submit false records concerning wildlife export only if conspirators intended to violate the law it was amended in 1988 was harmless where almost all the evidence adduced at trial related to acts from a time after the amendment was effective. |
Case |