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Title Citation Alternate Citation Agency Citation Summary Type
FL - Vehicle - 316.0825. Vehicle approaching an animal West's F. S. A. § 316.0825 West's F. S. A. § 316.0825 Every person operating a motor vehicle shall use reasonable care when approaching or passing a person who is riding or leading an animal upon a roadway or the shoulder thereof. A violation of this section is a noncriminal traffic infraction. Statute
IL - Facility dog - 5/106B-10. Conditions for testimony by a victim who is a child or a moderately, 725 I.L.C.S. 5/106B-10 IL ST CH 725 § 5/106B-10 This Illinois law allows a "facility dog" - a dog that is a graduate of an assistance dog organization that is a member of Assistance Dogs International - to be present during the testimony of a victim who is a child or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability. This occurs in the prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse. When deciding whether to permit the child or person to testify with the assistance of a facility dog, the court shall take into consideration the age of the child or person, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the child or the person. Statute
NM - Veterinary - Article 14. Veterinary Practice Act. NMSA 1978, § 61-14-1 to 61-14-20 NM ST 61-14-1 to 61-14-20 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
MD - Assistance Animal - Assistance Animal/Guide Dog Laws MD Code, Local Government, § 13-104; MD Code, Human Services, § 7-701 - 709; MD Code, Transportation, § 21-511; MD Code, Health - General, § 13-4101 - 4106; MD Code, State Government, § 20-706 The following statutes comprise Maryland's relevant assistance animal/guide dog laws. Statute
Feger v. Warwick Animal Shelter 29 A.D.3d 515 (N.Y.A.D. 2 Dept., 2006) 814 N.Y.S.2d 700, 2006 WL 1174110 (N.Y.A.D. 2 Dept.) In this New York case, a cat owner brought suit against an animal shelter and its employee for their alleged misconduct in knowingly placing a champion cat stolen from her home for adoption by unidentified family. In ruling that the lower court properly denied the plaintiff's cross motion for summary judgment, the appellate court found that there are questions of fact, inter alia , as to whether “Lucy” is “Kisses." However, the Shelter defendants are correct that the plaintiff may not recover damages for the emotional harm she allegedly suffered from the loss of her cat. Case
Kent v. Polk County Board of Supervisors 391 N.W.2d 220 (Iowa 1986)

The Iowa Supreme Court held that a county ordinance regulating possession of dangerous and vicious animals did not violate the due process, equal protection, or takings clauses of the Constitution (in this instance, appellant was the owner of a lion). The regulation was a legitimate exercise of police power, which was rationally related to the legitimate government interest of protecting public safety.

Case
Animal Law Index Volume 19, Part 1

Animal Law Review, Volume 19, Issue 1 (Fall 2012)

INTRODUCTION

EMPATHY WITH ANIMALS: A LITMUS TEST FOR LEGAL PERSONHOOD?
Carter Dillard

Policy
U.S. v. Hackman 630 F.3d 1078 (8th Cir. 2011) Defendants appealed sentences arising out of a Missouri-based dog-fighting conspiracy. Each man pleaded guilty to conspiring to engage in animal fighting ventures in violation of 18 U.S.C. § 371, and one Defendant additionally pleaded guilty to engaging in animal fighting ventures in violation of 7 U.S.C. § 2156. When sentencing each defendant, the district court applied an upward departure provision found in the application notes to United States Sentencing Guidelines (USSG or Guidelines). Each appellant argued that his relevant conduct was not sufficiently cruel to warrant the upward departure. The 8th Circuit found, however, that the district court had properly considered conduct that was legally relevant to Defendants' sentencing under the Guidelines. The court also found that Defendants' conduct amounted to more than just possessing fighting pit bulls. Defendants bred, raised, trained, sold, and fought them knowing that the dogs would be allowed, if not required, to fight until severely injured or dead. Thus, the ordinary cruelty inherent in dog fighting justifies base offense level, while the extraordinary cruelty of Defendants' crimes separately justified the upward departure. The district court's judgment was affirmed. Case
MT - Endangered Species - Chapter 5. Wildlife Protection. MCA 87-5-101 to 87-5-132 MT ST 87-5-101 to 87-5-132 These Montana statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions associated with the Act, and the legislative policy behind the Act. Statute
US - Assistance animals, housing - Subpart D. Prohibition Against Discrimination Because of Handicap. 24 C.F.R. § 100.201 - 205 These regulations set out the definitions relating to housing discrimination under the Federal Fair Housing Act. Administrative

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