Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| NY - Licenses - Chapter 69. Of the Consolidated Laws. Article 7. Licensing, Identification and Control of Dogs | McKinney's Agriculture and Markets Law § 110 | NY AGRI & MKTS § 110 | This New York statute provides the schedule of license fees for all dogs. It also enables local municipalities to enact licensing ordinances in addition to the fee proscribed by statute. This additional revenue shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and subsidizing public humane education programs in responsible dog ownership. | Statute |
| Northern Ireland - Wildlife - Wildlife and Natural Environment Act (Northern Ireland) 2011 | 2011 Chapter 15 | This Act provides various protections to certain wild animals, and prohibits facilitating, attending or participating in hare coursing events. | Statute | |
| Downey v. Pierce County | 267 P.3d 445 (Wash.App. Div. 2, 2011) | 2011 WL 5931911 (Wash.App. Div. 2) |
Dog owner sued county challenging county's dangerous animal declaration (DAD) proceedings. The Court of Appeals held that charging a fee to obtain an initial evidentiary review of a DAD violated owner's due process rights because it impacted owner's property and financial interests and potentially subjected her to future criminal sanctions. The court also held that the lack of an adequate evidentiary standard regarding review of DADs violated due process because the ordinance required only that the reviewing auditor determine if there was sufficient evidence to support the DAD. |
Case |
| WY - Impound - § 33-30-215. Disposition of unclaimed animals in custody of veterinarians; | W. S. 1977 § 33-30-215 | WY ST § 33-30-215 | This Wyoming statute states that any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which is then unclaimed by its owner for a period of more than ten days after written notice is given to the owner at his or her last known address, shall be deemed to be abandoned. It may then be turned over to the nearest humane society or dog pound in the area where it may be disposed of as the shelter sees fit. | Statute |
| Mercado v. Ovalle | 973 N.Y.S.2d 171 (N.Y.A.D. 1 Dept., 2013) | 2013 N.Y. Slip Op. 06810, 2013 WL 5712557, 110 A.D.3d 539 |
In this New York case, plaintiff appealed the lower court's order granting defendants' motion for summary judgment in a dog bite case. Defendants, a grocery store and its owner, asserted that they did not own the two pit bulls that attacked plaintiff. The only evidence plaintiff presented showing defendants' ownership and control over the dogs were hearsay statements from the mechanic who operated the lot that the dogs guarded. The court found this evidence that defendants occasionally walked and fed the dogs insufficient to show that they "harbored" the dogs. Affirmed. |
Case |
| NC - Dangerous Dog - Chapter 67. Dogs. Article 1A. Dangerous Dogs. | N.C.G.S.A. § 67-1 to 18; N.C.G.S.A. § 130A-196, 130A-200 | NC ST § 67-1 to 18; NC ST § 130A-196, 130A-200 | These North Carolina statutes comprise the state's dangerous dog and dog bite laws. Among the provisions include misdemeanor penalties for an owner if a dangerous dog attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) and strict liability in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal. Another statute provides that any person brought to receive medical treatment for a dog bite must report it to the local health director and the animal must be confined for a ten day observation period. | Statute |
| MD - Immunity - § 5-614. Veterinary aid, care or assistance | MD Code, Courts and Judicial Proceedings, § 5-614 | MD CTS & JUD PRO § 5-614 | This law gives immunity to certain licensed professionals including veterinarians, medical care licensees, first responders, and certain local government employees for providing veterinary aid, care, or assistance (without a charging a fee) to animals at the scene of an emergency or in transit to a veterinary facility. The listed persons under the statute are not civilly liable for any act or omission in giving any veterinary aid, care, or assistance to an animal where the owner or custodian of the animal is not available to grant permission. | Statute |
| Justice v. State | 532 S.W.3d 862 (Tex. App. 2017) | 2017 WL 4697920 (Tex. App. Oct. 19, 2017) | In this Texas appeal, defendant Brent Justice contends that his conviction for a single count of cruelty to a nonlivestock animal was based on insufficient evidence. The incident stemmed from defendant's filming of his co-defendant, Ashley Richards, torturing and killing of a newly-weaned puppy. Justice and Richards ran an escort business named "Bad Gurls Entertainment" that focused on the production and distribution of animal "crush" videos (fetish videos involving the stomping, torturing, and killing of various kinds of animals in a prolonged manner). The evidence that supported the conviction involved the confessions of both perpetrators and the video of the puppy being tortured and ultimately killed. On appeal, defendant argues that he cannot be found guilty since was not the principal involved in the offense. This court was unconvinced, finding that the evidence was sufficient to support a state jail felony since "[t]here is no shortage of evidence that appellant aided Richards in her cruelty," including handing Richards the knife and filming the killing. The one issue in defendant's "hybrid" pro se and represented brief on appeal that the court granted was related to a finding that defendant used a "deadly weapon." After the filing of initial briefs, the Court of Criminal Appeals in Prichard v. State, No. PD-0712-16, --- S.W.3d ---, 2017 WL 2791524 (Tex. Crim. App. June 28, 2017), held that “a deadly weapon finding is disallowed when the recipient or victim is nonhuman.” Thus, in the case at hand, the court deleted the deadly weapon finding since it was directed at the puppy rather than a human. The case was remanded for a new hearing on punishment only since the conviction was affirmed for a state jail felony. | Case |
| Reichley v. Pennsylvania Dept. of Agriculture | 427 F.3d 236 (Pa. 2005) |
Poultry Producers brought claims against the Pennsylvania Department of Agriculture for deprivation of their property without adequate due process in response to an outbreak of avian influenza. The United States District Court for the Middle District of Pennsylvania, granted defendants' motion for summary judgment and the Court of Appeals affirmed, reasoning there was no due process deprivation by failing to issue notice and an opportunity for a hearing before the quarantine and depopulation of the producers' flocks. |
Case | |
| VT - Hunting - § 4708. Interference with hunting, fishing or trapping | 10 V.S.A. § 4708 | VT ST T 10 § 4708 | This Vermont law reflects the state's hunter harassment provision. The law states that a person shall not intentionally interfere with the lawful taking of fish or wild animals. This includes things like tampering with traps, nets, baits, or firearms; by placing himself or herself in a position, for the purpose of interfering, that hinders or prevents hunting, trapping, or fishing; or by engaging in an activity, for the purpose of interfering, that drives, harasses, disturbs, or is likely to disturb wildlife or fish. | Statute |