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Title Citation Alternate Citation Agency Citation Summary Type
Revista Brasileira de Direito Animal Volume 11

Sumário / Table of Contents

 

Policy
State v. Schuler (Unpublished) 1997 WL 76337 (Unpub. Minn. 1997)

This Minnesota lawsuit arose from the enforcement of a Little Canada ordinance prohibiting the keeping of more than three adult dogs in any residential dwelling within the city's residentially zoned districts.  In reviewing a challenge to the law, the court first noted that a city's police power allows it both to regulate the keeping of animals, and to define nuisances and provide for their abatement.  Further, municipal ordinances are presumptively constitutional and the burden rests on the party challenging it.  Here, Schuler failed to offer evidence that regulating the number of dogs per household was unrelated to controlling the problems of dog noise and odor as they affect the health and general welfare of the community.

Case
Housing Authority of the City of New London v. Tarrant 1997 WL 30320 (Conn. 1997)

A mother renting housing alleged that her son was "mentally challenged" and required the companionship of a dog pursuant to Section 504 of the Rehabilitation Act. The court rejected the tenant's allegations that her son had a qualifying mental disability, reasoning that the son received high marks in school prior to the commencing of the eviction proceedings. The court held that without evidence of a mental or physical disability, no reasonable accommodation is required.

Case
AK - Rabies - 7 AAC 27.022. Rabies vaccination and quarantine. Alaska Admin. Code tit. 7, § 27.022 7 AAC 27.022 This Alaska regulation provides that a dog, cat, or ferret is required to be vaccinated for rabies in accordance with schedules in the Compendium of Animal Rabies Prevention and Control, 2011. Administrative
Am. Anti-Vivisection Soc'y v. United States Dept. of Agric. --- F.Supp.3d ----, 2018 WL 6448635 (D.D.C. Dec. 10, 2018). 2018 WL 6448635 The American Anti-Vivisection Society and the Avian Welfare Coalition sued the Department of Agriculture and its Secretary alleging that the Department's failure to promulgate bird-specific regulations is unreasonable, unlawful, and arbitrary and capricious in violation of the APA. The Plaintiffs sought court-ordered deadlines by which the Department must propose such rules. The Department moved to dismiss the Plaintiff's claims arguing that the Plaintiffs lack standing to sue, that it is not required by law to promulgate regulations for birds, and that it has not taken a final action reviewable by the court. The District Court ultimately held that, although the Plaintiffs have standing to sue, both of their claims fail. The Department is not required by the Animal Welfare Act to issue avian-specific standards; rather, it must to issue welfare standards that are generally applicable to animals. Secondly, although the Department has not taken any action to develop avian-specific standards, that does not mean that will not do so in the future. The District Court granted the department's motion to dismiss. Case
TX - Breeders - Chapter 91. Dog or Cat Breeders Program 16 TX ADC §§ 91.1 to 91.202 Tex. Admin. Code tit. 16, §§ 91.1 to 91.202 These are the regulations for the Texas Dog or Cat Breeder Act. Administrative
WA - Trusts - Chapter 11.118. Trusts--Animals West's RCWA 11.118.005 - 110 WA ST 11.118.005 - 110 The purpose of this chapter is to recognize and validate certain trusts that are established for the benefit of animals (nonhuman animal with vertebrae). The trust can be for one or more animals provided they are individually identified or labeled in the instrument so that they may be easily identified. Unless otherwise provided in the trust instrument or in this chapter, the trust will terminate when no animal that is designated as a beneficiary of the trust remains living. Statute
VT - Brattleboro - Chapter 3: Animals and Fowl (Article 2: Dogs, Wolf-Hybrids) Brattleboro, Vermont Code of Ordinances, Article 2: Dogs, Wolf-Hybrids, §§ 3-27 to 3-34

In Brattleboro, Vermont, owners or keepers of assistance dogs are exempt from the license surcharge fee, but are still required to pay a basic license fee plus a fee for the statewide rabies program. When obtaining a license, owners or keepers of assistance dogs must provide documentation of their assistance dog’s training. The following ordinances also indicate which dogs are eligible as assistance dogs.

Local Ordinance
RSPCA v Harrison (1999) 204 LSJS 345 [1999] SASC 363

The respondent was the owner of a dog which was found with skin ulcerations, larval infestations and saturated in urine. On appeal, it was found that the trial judge failed to give proper weight to cumulative circumstantial evidence as to the respondent's awareness of the dog's condition. It was also found that 'illness' was intended to cover a wide field of unhealthy conditions and included the larval infestation. The respondent was convicted and fined.

Case
Pfeil v. Rogers 757 F.2d 850 (7th Cir. 1985)

Where sheriffs deputies acted in accordance with applicable state laws, there was no violation of Fourth Amendment rights in the shooting of plaintiff's dogs.

Case

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