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Title Citation Alternate Citation Agency Citation Summary Type
Derecho Animal Volume 12 Núm 2

Vol. 12 Núm. 2 (2021)

 

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Editorial

 

Estatuto jurídico de los animales en el Código civil.

Policy
WY - Scientific permits - Chapter 33. Regulation Governing Issuance of Scientific Research WY ADC GAME POSS Ch. 33 s 1 - 9 WY Rules and Regulations GAME POSS Ch. 33 s 1- 9 The purpose of this regulation is to govern and regulate the issuance of permits to take, capture, handle, and transport Wyoming wildlife for scientific research, educational or special purposes. Such permits may be issued to persons, educational institutions, or governmental entities when the Wyoming Game and Fish Department determines the scientific research, educational, or special purposes are beneficial to wildlife, the department or the public. Administrative
MO - Liberty - Breed - Sec. 4-24. - Keeping of pit bull dogs prohibited. LIBERTY, MO., CITY CODE §§ 4-24 - 4-25 (2010)

In Liberty, Missouri, it is be unlawful to keep, harbor, own or possess any pit bull dog, with exceptions for pit bull dogs already residing in the city. Such dogs may remain as long as the owner complies with certain requirements, such as proper registration, proper confinement, the use of a leash and muzzle, the posting of "Beware of Dog-Pit Bull," keeping $50,000 liability insurance, and taking identification photographs. Any dog found to be the subject of a violation may be subject to seizure and impoundment.

Local Ordinance
Texas Attorney General Letter Opinion 94-071 Tex. Atty. Gen. Op. LO 94-071

Texas Attorney General Opinion regarding the issue of whether staged fights between penned hogs and dogs constitutes a criminal offense. The Assistant Attorney General deemed these staged fights as violating the criminal cruelty laws.

Case
NM - Invasive Species - Chapter 17. Game and Fish and Outdoor Recreation. NMSA 1978, § 17-4-35 NM ST § 17-4-35 These New Mexico statutes pertain to controlling aquatic invasive species. If a conveyance or equipment has been in an infested water body, the owner must decontaminate it or have it inspected and certified prior to entering another water body in the state. Law enforcement officers must take action to prevent infested equipment from entering water bodies, and may impound equipment if the person transporting it refuses to submit to an inspection and the officer has reason to believe that an aquatic invasive species may be present. Statute
Long v. The State of Texas 823 S.W.2d 259 (Tex. Crim. App. 1991)

Appellant, who was convicted of capital murder and sentenced to death, raised 35 points of error in a direct appeal in which he challenged the trial court's voir dire rulings and its evidentiary rulings. The court held that the admission into evidence of photographs was within the discretion of the lower court, which properly determined that the photographs served a proper purpose in enlightening the jury.

Case
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
Beasley v. Sorsaia 880 S.E.2d 875 (2022) 247 W.Va. 409 (W.Va., 2022) Petitioner was charged with animal cruelty in West Virginia. The incident stemmed from 2020 where humane officers in Putnam County seized several horses and a donkey that were denied “basic animal husbandry and adequate nutrition[.]” After the seizure, petitioner claimed the magistrate lacked jurisdiction to dispose of the case because farm animals are excluded under the Code. That motion was granted by the magistrate and the animals were returned to the petitioner. After a short period of time, petitioner was charged with six counts of criminal animal cruelty and again the magistrate dismissed the complaint. However, the magistrate stayed the dismissal on the State's motion so that the circuit court could determine whether § 61-8-19(f) excludes livestock. The circuit court agreed that the section encompasses livestock from inhumane treatment and the magistrate was prohibited from dismissing the complaint. Petitioner now appeals that decision here. This court first examined the anti-cruelty statute finding that the structure of the exception under subsection (f) refers back to the conditional phrase that ends in "standards" for keeping the listed categories of animals. The court disagreed with the petitioner's claim of a "blanket exclusion" for livestock since the Commissioner of Agriculture has promulgated rules that govern the care of livestock animals that includes equines. The court rejected petitioner's attempt to parse the placement of clauses and antecedents to support her claim. The court held that § 61-8-19(f) establishes an exclusion for farm livestock only when they are “kept and maintained according to usual and accepted standards of livestock ... production and management." The circuit court's writ of prohibition was affirmed and the matter was remanded. Case
American Society For Prevention of Cruelty to Animals v. Ringling Bros. and Barnum & Bailey Circus 317 F.3d 334 (C.A.D.C.,2003) 55 ERC 1904, 354 U.S.App.D.C. 432

The American Society for the Prevention of Cruelty to Animals, the Animal Welfare Institute, the Fund for Animals, and Thomas Rider sued Ringling Bros. and its owner, Feld Entertainment, Inc., claiming that Asian elephants are an endangered species and that the circus mistreated its elephants in violation of the Endangered Species Act, 16 U.S.C. § 1531 et seq. The only question was whether, as the district court ruled in dismissing their complaint, plaintiffs (including a former elephant handler) lack standing under Article III of the Constitution.  The Court of Appeals held that the former elephant handler demonstrated present or imminent injury and established redressability where the elephant handler alleged enough to show that his injuries will likely be redressed if he is successful on the merits.

Case
MT - Hunting - Chapter 3. Restrictions and Regulations MCA 87-6-215 MT ST 87-6-215 (formerly MT ST 87-3-142) This law represents Montana's hunter harassment law. Under the law, a person may not intentionally interfere with the lawful taking of a wild animal or fishing by another, which includes disturbing a wild animal by engaging in actions or the placement of objects/substances to prevent its taking. This section does not prohibit a landowner or lessee from taking reasonable measures to prevent imminent danger to domestic livestock and equipment. Statute

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