Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| PA - Fur - Dog and Cat Product Act | 73 P.S. § 210-1 to 7 | This set of laws represents the Dog and Cat Product Act. The act provides that no person shall sell or offer for sale, wholesale or retail, the fur, skin or hair of a dog or cat or any product or part of a product containing the fur, skin or hair of a dog or cat. Violation of the act commits a misdemeanor of the third degree. Subsequent offenses committed within five years of a prior conviction for the same offense constitutes a misdemeanor of the first degree. | Statute | |
| MO - Lien, care and board - Chapter 430. Liens for Keeping, Training and Breeding Animals | V. A. M. S. 430.150 - 220 | MO ST 430.150 - 220 | This chapter of Missouri laws concerns liens for the keeping, training, and breeding of animals. Section 430.150 states that every person who keeps, boards or trains any horse, mule or other animal has a lien on such animal, and on any vehicle, harness or equipment that came with the animal, for the amount due. No owner or claimant has the right to take any such property out of the custody of the person having such lien, except with the lienholder's consent or on the payment of such debt. Section 430.160 outlines the procedure for enforcement of the lien, which includes where to file a claim and the notice requirements. | Statute |
| Whelen v. Barlow | 1975 CarswellAlta 242 | [1976] W.W.D. 35 |
Plaintiff Whelen was drunken, threatening and disorderly in defendant Barlow's hotel bar, where he kept guard dogs for the purpose of preventing break-ins and keeping the peace. After the plaintiff and friends were asked to leave the premises and not return, he later returned, making threatening gestures and was bitten on the face and arm by one of the guard-dogs. The court held that the plaintiff was 2/3 contributorily liable for his injuries, since when he returned he was trespassing; the defendant was 1/3 contributorily liable since the court held that keeping volatile guard-dogs as bouncers was not reasonable. |
Case |
| U.S. v. Apollo Energies, Inc. | 611 F.3d 679 (C.A.10 (Kan.), 2010) | 2010 WL 2600502 (C.A.10 (Kan.)) |
Appellants, Apollo Energies, Inc. and Dale Walker, were charged with violating the Migratory Bird Treaty Act after an agent with the USFWS discovered dead migratory birds lodged in each appellant's "heater-treater," a piece of equipment used in the course of appellants' Kansas oil drilling businesses, on several occasions. At trial, both Apollo and Walker were convicted of misdemeanor violations for "taking" or "possessing" migratory birds. On appeal, Apollo and Walker contested that (1) the MBTA is not a strict liability crime or, (2) if it is a strict liability crime, the MBTA is unconstitutional as applied to their conduct. Bound by a previous holding that found misdemeanor violations of the MBTA are strict liability crimes, the court concluded that the MBTA includes no mens rea requirement. As to Appellants' second contention challenging the constitutionality of the Act, the court concluded that while the Act is not unconstitutionally vague, "the MBTA requires a defendant to proximately cause the statute's violation for the statute to pass constitutional muster. |
Case |
| Solicitud de Atracción 249/2023. Caso Elefante Ely. Ciudad de Mexico | Solicitud de Atracción 249/2023 | This is a writ of Amparo on behalf of Ely, a 38-year-old female African elephant that lived in a circus before being relocated to the San Juan de Arago Zoo in 2012. In this instance, a concerned citizen and activist affiliated with the Association "Opening Cages, Opening Minds" ("Abriendo Jaulas, Abriendo Mentes") filed an Amparo petitioning the authorities in Mexico City to take necessary actions for the relocation of Ely from the zoo to a sanctuary in Brazil. The petitioner asserted that Ely had endured abuse from a young age during her 25-year tenure in a circus, and was currently experiencing deprivation of freedom at the zoo. Ely is solitary and grappling with skin and nail injuries, infections, and ailments such as dermatitis and hyperkeratosis. The petitioner further argued that Ely was suffering from issues in one of her limbs due to an old fracture and jaw problems stemming from the use of a handling hook during her circus days, among other concerns. Moreover, the elephant's confinement in a cement enclosure has compounded adverse effects on her physical and psychological well-being. Observations indicate distressing behavior including self-harm, such as eating her own feces, and striking herself with her trunk and against the fence. Ely also exhibited repetitive behavior attributed to inadequate mental, physical, social, and environmental stimulation. The treatment she has received is deemed a violation of ethical standards for animal respect and protection. The judge determined that Ely received appropriate and ample care at the zoo, where her enclosure adhered to the needs of her species. It was noted that she was receiving the necessary attention to address the chronic ailments stemming from her time in the circus. Consequently, the San Juan de Aragón Zoo fulfilled its obligation to protect and care for the elephant, addressing her physiological, behavioral, and health requirements and ensuring her overall well-being. Following the verdict, the zoo enlarged Ely's enclosure and introduced Gypsy, another elephant of similar size and age, to provide companionship for Ely. After pursuing various legal avenues without success, the complainant sought review from the Supreme Court of Justice, and the high court accepted the request. The Supreme Court will review the decision of the Fourth Administrative District court, which ruled for the zoo, finding that Ely was being kept in adequate conditions. | Case | |
| IN - Cattle Slaughter - THE ORISSA PREVENTION OF COW SLAUGHTER RULES, 1966 | 5 of 1960 | The Rules, drafted under the Orissa Prevention of Cow Slaughter Act, 1960, prescribe conditions for the issue of a certificate for slaughter. | Statute | |
| NY - Licenses - Chapter 69. Of the Consolidated Laws. Article 7. Licensing, Identification and Control of Dogs | McKinney's Agriculture and Markets Law § 110 | NY AGRI & MKTS § 110 | This New York statute provides the schedule of license fees for all dogs. It also enables local municipalities to enact licensing ordinances in addition to the fee proscribed by statute. This additional revenue shall be used only for controlling dogs and enforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and subsidizing public humane education programs in responsible dog ownership. | Statute |
| Downey v. Pierce County | 267 P.3d 445 (Wash.App. Div. 2, 2011) | 2011 WL 5931911 (Wash.App. Div. 2) |
Dog owner sued county challenging county's dangerous animal declaration (DAD) proceedings. The Court of Appeals held that charging a fee to obtain an initial evidentiary review of a DAD violated owner's due process rights because it impacted owner's property and financial interests and potentially subjected her to future criminal sanctions. The court also held that the lack of an adequate evidentiary standard regarding review of DADs violated due process because the ordinance required only that the reviewing auditor determine if there was sufficient evidence to support the DAD. |
Case |
| State v. Branstetter | 29 P.3d 1121 (Or. 2001) | 332 Or. 389 (Or. 2001) |
In a state prosecution for animal neglect, the trial court ordered forfeiture of the animals to a humane agency. An appeal by the owner of the animals was dismissed by the Court of Appeals for lack of jurisdiction. The Oregon Supreme Court reversed the lower courts and held that the statutes controlling appealable judgments allowed the animal owner to appeal the forfeiture of the animals. |
Case |
| United States of America v. Hale | 113 Fed.Appx. 108 | 2004 WL 2367994 |
A couple owned and operated a caviar business. They were convicted of violating the Lacey Act by purchasing and selling paddlefish eggs during the closed season, falsifying records and operating a fish dealership without a license. The Court of Appeals affirmed the conviction. This Judgment was Vacated by Hale v. U.S ., 125 S.Ct. 2914 (2005). |
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