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Displaying 71 - 80 of 6637
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| KS - Breeders - Article 18. Animal Facility Inspection Program-License and Registration Fees | KS ADC 9-18-1 - 31 | K.A.R. 9-18-1 to 31 | These Kansas regulations set out the fees schedule for licenses, such as animal breeder premises license. Under the regulations, premises that are licensed are subject to routine inspections to determine compliance with the regulations. | Administrative | |
| CA - Enforcement - Chapter 5. Arrest, by Whom and How Made. | West's Ann. Cal. Penal Code § 837, 847 | CA PENAL § 837, 847 | This set of provisions authorizes private citizens to make arrests and explains when and how citizen arrests may be made. | Statute | |
| AU - Endangered/Threatened Species - Threatened Species Protection Act 1995 (TAS) | Threatened Species Protection Act 1995 |
The Threatened Species Protection Act 1995 is an Act to provide for the protection and management of Tasmania’s threatened native flora and fauna, and to enable and promote the conservation of native flora and fauna. The Act provides Schedules of taxa that have different degrees of threatened status. It also establishes mechanisms for the listing and delisting of taxa. |
Statute | ||
| ID - Dangerous Dogs running at large - Chapter 28. Dogs. | I.C. § 25-2805 | ID ST § 25-2805 | This Idaho statute provides that any person who lets his or her dog run at large after a complaint has been made to the sheriff shall be guilty of an infraction punishable as provided in section 18-113A, Idaho Code. Any person who lets his or her dog physically attack someone when not provoked shall be guilty of a misdemeanor in addition to any liability as provided in section 25-2806, Idaho Code. For a second or subsequent violation of this subsection, the court may, in the interest of public safety, order the owner to have the vicious dog destroyed or may direct the appropriate authorities to destroy the dog. | Statute | |
| Jankoski v. Preiser Animal Hospital, Ltd. | 510 N.E.2d 1084 (Ill. App. Ct. 1987). |
Plaintiff dog owners sought review of an order of the Circuit Court of Cook County (Illinois), which dismissed their complaint against defendants, animal hospital and veterinarians, with prejudice. The trial court held that plaintiffs' complaint to recover damages for the loss of companionship they experienced as a result of the death of their dog failed to state a cause of action. The court affirmed the order of the trial court that dismissed the complaint filed by plaintiff dog owners against defendants, animal hospital and veterinarians. The court held that the law did not permit a dog owner to recover for the loss of companionship of a dog. |
Case | ||
| State v. Hershey | 401 P.3d 256 ( Or. Ct. App.,2017) | 286 Or.App. 824 , 2017 WL 3045807 | In this Oregon case, defendant appeals his conviction of first-degree animal neglect. Specifically, defendant argues the denial of his motion to suppress evidence was erroneous. The evidence was obtained when the local sheriff (Glerup) entered defendant's property to administer emergency aid to defendant's cattle. During testimony in the motion to suppress, Glerup testified that he first received a call from defendant's neighbors who reported that the cattle appeared to be "starving." That neighbor even called defendant, who assured her that the cattle "were okay" and being cared for by a hired person. Sheriff Glerup called that individual who stated he had not been hired and defendant had been gone a week. The sheriff subsequently received a call that the cattle were in need of immediate aid and in poor condition. These conditions prompted the warrantless search. On appeal, defendant argues that the trial court erroneously denied his motion to suppress where the state failed to establish that the warrantless entry was justified under an exception to the warrant requirement. In doing so, defendant contends that the case establishing that the emergency aid doctrine applies to animals (Fessenden) was wrongly decided. This argument was dispensed by the court because it was not properly preserved at trial. Alternatively, defendant argues that the state failed to satisfy the requirements for the emergency aid exception. In reviewing defendant's claim, the court noted that in Fessenden, the emergency aid doctrine justifies warrantless activity, “when law enforcement officers have an objectively reasonable belief, based on articulable facts, that the search or seizure is necessary to render immediate aid or assistance to animals . . ." In this case, the court found that the officer's belief that immediate aid was necessary where the cattle appeared to be "near death" was reasonable. Thus, the trial court did not err when it denied defendant's motion to suppress; defendant's conviction was affirmed. | Case | |
| United States v. Hess | 829 F.3d 700 (8th Cir. 2016) | 2016 WL 3878221 (8th Cir.,2016) | This case stems from a United States Fish and Wildlife Service's investigation into illegal trafficking of rhinoceros horns and ivory called "Operation Crash." Defendant James Hess, a taxidermist in Maquoketa, Iowa, agreed to sell a pair of lack rhinoceros horns in 2011 to another individual involved in the trafficking operation. As a result of his role, he was charged with one count of Lacey Act Trafficking for knowingly engaging in conduct involving the sale and purchase of wildlife with a market value exceeding $350 that was transported and sold in violation of the Endangered Species Act. Hess was ultimately sentenced to 27 months in prison followed by three years of supervised release. On appeal, Hess first argued that the District Court made an “unsustainable finding on the record presented” when it stated that Hess "helped establish a market for these black rhino horns, and that is a serious offense against the planet." Because Hess failed to object at sentencing, this issue was reviewed for plain error. This court found no plain error, as the record supported the statement that Hess' action contributed to furthering a market for black rhinoceros horns. As to defendant's argument that his sentence was unreasonable, the court found that he failed to overcome the presumption of reasonableness in his bottom of the guidelines sentencing range. The judgment of the district court was affirmed. | Case | |
| U.S. v. Hetzel | 385 F.Supp. 1311 (D. Mo. 1974) |
Defendant finds a decaying eagle carcass on a wildlife preserve. He then removes the legs and talons of the eagle to bring to a Boy Scout function. The court reverses his conviction (and $1.00 fine) finding that he did not possess the requisite intent. The court determines that a conviction under the BGEPA demands a specific intent. For further discussion on intent under the BGEPA see Detailed Discussion of Eagle Act. |
Case | ||
| AK - Hunting - § 16.05.797. Computer-assisted remote hunting prohibited | AS § 16.05.797 | AK ST § 16.05.797 | This law makes it a class A misdemeanor to engage in computer-assisted remote hunting or or provide or operate a facility for computer-assisted remote hunting in Alaska. | Statute | |
| MARILYN DANTON v. ST. FRANCIS 24 HOUR ANIMAL HOSPITAL, P.C. a Washington professional services corporation (UBI 602-029-072); an | This Washington case involves plaintiff's suit against defendant animal hospital for the escape of her cat while the cat was being boarded at the hospital. Plaintiff sued for simple negligence with a presumption of res ipsa loquitur and breach of bailment contract. With regard to damages, plaintiff pleads intrinsic value of "Moochie," which includes as component the emotional distress suffered by plaintiff. Following a six-person jury trial, the jury returned a verdict in favor of plaintiff on her negligence and breach of contract claims in a total amount of $2,500.00 | Pleading |