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Title Citation Alternate Citation Agency Citation Summary Type
WA - Service Dogs - 162-38-105. Removal of dog guides and service animals. Wash. Admin. Code 162-38-105 WAC 162-38-105 This Washington regulation concerns trained guide dogs or service animals. It is an unfair practice to request that a trained dog guide or service animal be removed, unless the person can show: (a) that the presence, behavior or actions of that dog guide or service animal constitutes an unreasonable risk of injury or harm to property or other persons; and (b) a reasonable attempt to eliminate the behavior or actions of that dog guide or service animal that constitutes an unreasonable risk fails. Administrative
Galindo v. State --- S.W.3d ----, 2018 WL 4128054 (Tex. App. Aug. 30, 2018) Appellant Galindo pleaded guilty to cruelty to nonlivestock animals and a deadly-weapon allegation from the indictment. The trial court accepted his plea, found him guilty, and sentenced him to five years in prison. The facts stem from an incident where Galindo grabbed and then stabbed a dog with a kitchen knife. The indictment indicated that Galindo also used and exhibited a deadly weapon (a knife) during both the commission of the offense and flight from the offense. On appeal, Galindo argues that the deadly-weapon finding is legally insufficient because the weapon was used against a "nonhuman." Appellant relies on the recent decision of Prichard v. State, 533 S.W.3d 315 (Tex. Crim. App. 2017), in which the Texas Court of Appeals held that a deadly-weapon finding is legally insufficient where the sole recipient of the use or exhibition of the deadly weapon is a nonhuman. The court here found the facts distinguishable from Prichard. The court noted that Prichard left open the possibility that a deadly-weapons finding could occur when the weapon was used or exhibited against a human during the commission of an offense against an animal. Here, the evidence introduced at defendant's guilty plea and testimony from sentencing and in the PSIR are sufficient to support the trial court's finding on the deadly-weapons plea (e.g., the PSI and defense counsel stated that Galindo first threatened his girlfriend with the knife and then cut the animal in front of his girlfriend and her son). The judgment of the trial court was affirmed. Case
WA - Wolf - Chapter 16.001. Wolf-Livestock Management West's RCWA 16.76.005 - .030 WA ST 16.76.005 - .030 These statutes create the northeast Washington wolf-livestock management grant within the department of agriculture. Further, a four-member advisory board is established to advise the department on the expenditure of the northeast Washington wolf-livestock management grant funds. The board must help direct funding for the deployment of nonlethal deterrence resources, including human presence, and locally owned and deliberately located equipment and tools. In addition, the northeast Washington wolf-livestock management account is created as a nonappropriated account in the custody of the state treasurer. Statute
NY - Dangerous animal - § 209-cc. Notification of presence of wild animals and dangerous dogs McKinney's General Municipal Law § 209-cc NY GEN MUN § 209-cc New York state law requires anyone in possession of dangerous dogs and dangerous wild animals (which include non-human primates, non-domesticated dogs and cats, bears, venomous, constrictors and python snakes, and certain crocodiles) to report the presence of that animal to the clerk of the city, town, or village in which the animal resides. The report must be filed by April 1st every year and must list all of the physical locations where the animal may be kept. The clerk must then notify all local police, fire, and emergency medical service departments of the presence of that animal. Any person who fails to report the presence may be fined up to $250 dollars for the first offense and $1,000 dollars for each subsequent offense. Zoos and other U.S. Department of Agriculture-licensed exhibitors are exempt from the reporting requirement. Statute
MI - Hunting/Recreational Trespass - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.73101 - 73302 These sections describe the Department of Natural Resources ability to enforce and prosecute persons who enter upon the land of another, who remove or destroy signs or posters or enclose someone else's land without permission. These sections also describe the potential liability of landowners. Statute
State v. Long 991 P.2d 102 (Wash.App. Div. 2,2000) 98 Wash.App. 669 (Wash.App. Div. 2,2000)

Defendant shot and killed two hunting dogs, estimated to be worth $5,000 to $8,000 each, who were chasing deer across his property. The defendant was later convicted by the jury under the first degree malicious mischief felony for “knowingly and maliciously ... [causing] physical damage to the property of another in an amount exceeding one thousand five hundred dollars.”  On appeal, the court upheld the jury’s conviction because the defendant had no right to kill the dogs chasing deer across his property and because the prosecution was allowed to charge under the first degree malicious mischief felony for “knowingly and maliciously ... [causing] physical damage to the property of another in an amount exceeding one thousand five hundred dollars.”

Case
DeVaul v. Carvigo Inc. 526 N.Y.S.2d 483 (N.Y.A.D. 2 Dept.,1988) 138 A.D.2d 669 (N.Y.A.D. 2 Dept.,1988)

This New York case involved a dog bite victim who brought an action against the owner to recover for personal injuries. The Supreme Court, Nassau County entered judgment in favor of owner. On appeal with the Supreme Court, Appellate Division, the court held that the viciousness of German shepherd dogs was not appropriate subject of judicial notice. The court found that there is no authority for the proposition that judicial notice should be taken "as to the ferocity of any particular type of domestic animal."

Case
US - Wolf - Endangered and Threatened Wildlife and Plants; Final Rule Designating 2007 WL 408325 (F.R.)

Establishes the Western Great Lakes Distinct Population Segment (DPS) of the gray wolf and removes the DPS from the list of endangered and threatened wildlife.

Administrative
England - Transport - The Welfare of Animals (Transport) (England) Order 2006 2006 No. 3260 Regulations to provide general protections to vertebrate and cold blooded invertebrate animals during transport. It is an offence to transport an animal in a way which causes, or is likely to cause, injury or unnecessary suffering to that animal. Similar legislation is in place for the rest of the UK (Wales, Scotland and Northern Ireland.) Statute
CO - Service animal - Article 23. Training Veterans to Train Their Own Service Dogs Pilot Program C. R. S. A. § 26-23-101 - 105 CO ST § 26-23-101 - 105 This set of Colorado laws (effective June of 2016) creates a pilot program for veterans to train their own service dogs. The program identifies a group of up to 10 veterans to pair with dogs. Qualified canine trainers will work with the veterans to use train the dogs for use as service dogs. The program will further offer those veterans who graduate from the program with a trained dog the opportunity and necessary follow-along services to expand the program, if willing, by identifying, fostering, and training a subsequent dog for another eligible veteran who is unable to complete one or more parts of the process due to physical limitations. Other sections of the article explain the criteria for selecting the non-profit agencies for implementation and the creation of a fund in the state treasury. Statute

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