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Title Citation Alternate Citation Agency Citation Summary Type
CA - Research animals - Group 5. Care of Laboratory Animals Cal. Admin. Code tit. 17, § 1150 -1159 17 CCR §§ 1150 -1159 This set of regulations establishes certification requirements for research facilities that use live animals in experiments, sets minimum standards of care for research animals, and addresses the requirements for filing complaints with the Department of Public Health. Administrative
ID - Predator - Chapter 58. Protection of Natural Resources (wolf declaration) I.C. § 67-5801 - 5807 ID ST § 67-5801 - 5807 The purpose of Chapter 58 is to provide an orderly, comprehensive plan for the protection of the natural resources of the state and for the suppression of dangers or threats. Section 5806 the Idaho legislature finds and declares that the state's citizens, businesses, hunting, tourism and agricultural industries, private property and wildlife, are immediately and continuously threatened and harmed by the sustained presence and growing population of Canadian gray wolves in the state of Idaho. The legislature states that "a disaster emergency is in existence as a result of the introduction of Canadian gray wolves, which have caused and continue to threaten vast devastation of Idaho's social culture, economy and natural resources." Statute
Siegert v. Crook County 266 P.3d 170 (Or.App., 2011) 2011 WL 5402078 (Or.App.); 246 Or.App. 500 (2011)

An individual appealed County Court’s decision to approve the location of a dog breeding kennel in a zone where such kennels were not permitted. The county interpreted the code that was in effect at the time the kennel began operating to allow dog breeding as animal husbandry, and thus permissible farm use. The Court of Appeals found the county's interpretation to be plausible.

Case
People v. Cumper 268 N.W.2d 696 (Mich. 1978) 83 Mich. App. 490 (Mich. 1978)

Defendant was convicted under MCL 750.49 for being a spectator at a dog fight.  He argued on appeal that the statute was impermissibly vague and unconstitutionally overbroad, for punishing an individual for mere presence at a dog fight.  The court disagreed, finding that the statute was neither vague nor overbroad because it did not punish the mere witnessing of a dog fight, but attendance as a spectator to a legally prohibited dog fight.  For more, see Detailed Discussion

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OH - Exotic Pets - 901:1-17-12 Non-domestic animals Ohio Admin. Code § 901:1-17-12 OH ADC 901:1-17-12 Under this Ohio regulation, no non-domestic animal shall be imported into the state of Ohio unless accompanied by a permit issued prior to entry and certificate of veterinary inspection, is free of evidence of any contagious or infectious diseases or parasites harmful to humans or animals, and is in full compliance with all state and federal agencies rules and regulations. The specific disease requirements listed in the remainder of the rule concern only animals such as Cervidae (deer, moose, etc.), Bovidae (antelope, wild cattle, etc.), Suidae (sporting and feral swine), Tayassuidae (peccarie), and Psittacine birds. Administrative
Commonwealth v. Szewczyk 53 N.E.3d 1286 (Mass.App.Ct.,2016) 89 Mass.App.Ct. 711 (2016) In this Massachusetts case, defendant was charged with animal cruelty after he shot a dog that had wandered onto his property with a pellet gun. The pellet was lodged in the dog’s leg and caused significant pain and discomfort to the dog. Following conviction, defendant appealed the District Court’s ruling arguing that the judge erred in denying three of his eleven requests for rulings of law.Specifically, defendant's principal argument was that he had a lawful purpose in shooting (to scare the dog off his property), his intent was justified (to insure his wife's safety on the property), and the pain inflicted by defendant shooting the dog does not fit the statutory meaning of "cruel." At the close of evidence, defendant submitted a written request for ruling under Mass. R.Crim. P.26 setting out these issues. The court held that the District Court judge correctly denied the three requests because they were clearly outside the scope of rule 26 because they called upon the judge as a fact finder to weigh the evidence presented at trial. Next, the court reviewed the facts of the case to determine whether or not a rational trier of fact could have found the elements of the crime beyond a reasonable doubt. Ultimately, the court held that a rational trier of fact would have been able to find that defendant did commit animal cruelty by shooting the dog. The court focused on the fact that the defendant could have used other means to ensure that the dog did not enter the property again without causing pain and suffering to the dog by shooting the dog in the leg. The judgment was affirmed. Case
ME - Cat - Consolidated Cat Laws 7 M. R. S. A. § 3916 - 3919C; 1 M. R. S. A. § 217 ME ST T. 7 § 3916 - 3919C, 4041; ME ST T. 1 § 217 These statutes comprise Maine's cat laws. Among the provisions include rabies vaccination requirements, stray cat procedures, and the designation of the "state cat." Statute
US - Horses - Sale of Wild Free-Roaming Horses and Burros PL 108-447

These amendments to the Wild Horses Act, 16 U.S.C.A. § 1333, amended by Public Law 108-447, allow for the sale of animals for commercial purposes in some circumstances, specifically when the excess animal is more than 10 years old, or has been unsuccessfully offered for adoption on at least 3 occasions.  Once the excess animal is sold, it will no longer be considered a wild free-roaming horse or burro according to this Act.

Statute
People v. Peters 79 A.D.3d 1274(N.Y.A.D. 3 Dept.,2010) 911 N.Y.S.2d 719, 2010 WL 4977555 (N.Y.A.D. 3 Dept.,2010)

A veterinarian was convicted of animal cruelty and sentenced to three years of probation based upon his alleged unjustifiable failure under Agriculture and Markets Law § 353 to provide a mare and her foal with necessary sustenance, food and drink in September 2005. After conviction by jury, the lower court denied defendant-veterinarian's motion to vacate judgment of conviction. The Supreme Court, Appellate Division found that while defendant failed to preserve his challenge for sufficiency of the evidence, the jury verdict was against the weight of the evidence. In particular, the court found that the expert testimony contradicted the evidence that the foal was mistreated.

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Mississippi Bluff Motel Inc. v. Rock Island County 420 N.E.2d 748 (1981)

The State of Illinois seeks to intervene as a protector of wildlife in a zoning action where the property at issue was adjacent to a bald eagle refuge.  The court denied the state's request, finding that it did not have a stake in the litigation as it held no property interest nor was it representing a special class of people.  Instead, the court found the state's interest speculative and the immediacy of harm was nonexistent, as it would create "bad law" to allow the State to intervene whenever there was a potential ecological or environmental consequence in a civil lawsuit.  For further discussion on the federal Bald and Golden Eagle Protection Act, see Detailed Discussion of Eagle Act .

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