Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| CA - West Hollywood - Chapter 9.48 Animal Control Regulations. | Chapter 9.48, 9.49, 9.50 |
This comprises the City of West Hollywood, California's animal control ordinances. The animal control ordinances of Los Angeles County have been adopted by reference, prohibiting animal nuisances as well as the keeping of dangerous animals. The code also defines and outlines procedures for feral cats. Uniquely, West Hollywood has a ban on onychectomy (“declawing") of domestic cats unless done as a medically necessary procedure, as well as a ban on the sale of fur (with some exceptions). Further, subject to some exemptions, the city prohibits the retail sale of cats and dogs. |
Local Ordinance | |
| Britton v. Bruin | Not Reported in P.3d, 2016 WL 1019213 (N.M. Ct. App., 2016) | 2016 WL 1019213 (N.M. Ct. App. Feb. 22, 2016) | In this case, plaintiff appealed a decision by the district court denying her petition for a writ of mandamus. Plaintiff petitioned the court for a writ of mandamus to stop the City of Albuquerque's effort to control a large population of feral cats in its metropolitan area by “trapping, neutering them, and then returning them” to the location at which they were found. The district court denied the petition for a writ of mandamus because the court held that there was “a plain, speedy and adequate remedy in the ordinary course of the law.” Also, the court held that because the city’s program did not result in any unconstitutional action, the writ of mandamus was not appropriate. The court affirmed the district court’s ruling, looking only at whether or not there was “a plain, speedy and adequate remedy in the ordinary course of the law.” The court did not address the issue of whether or not the city’s population control effort was appropriate and should continue. The district court's order denying Petitioner's application for a writ of mandamus is affirmed. | Case |
| Ford v. Com. | 630 S.E.2d 332 (Va. 2006) | 48 Va.App. 262 (2006) |
In this Virginia case, the defendant was convicted of maliciously shooting a companion animal of another “with intent to maim, disfigure, disable or kill,” contrary to Va. Code § 18.2-144, and being a felon in possession of a firearm. The Court held that the evidence was sufficient to support his convictions, where the defendant admitted he drove the vehicle witnesses saw by the barn where the dog was shot and one witness saw him shoot toward the barn. |
Case |
| RI - Ordinances - § 4-13-1.1. Towns of Portsmouth, West Warwick, and Middletown and city of Woonsocket--Vicious dog ordinance | Gen. Laws, 1956, § 4-13-1.1 | RI ST § 4-13-1.1 | This Rhode Island statute provides that the town councils of the towns of Portsmouth, West Warwick and Middletown may, by ordinance, provide that the owner or keeper of any dog that assaults any person shall be fined an amount not less than one hundred dollars ($100) nor more than two hundred dollars. The investigation must prove that the dog was off the owner's property or that the assault was the result of owner negligence. It further provides that, in the city of Woonsocket, an owner shall not be declared negligent if an injury is sustained by a person who was committing a trespass or other tort upon the owner's premises or was teasing, tormenting, provoking, abusing or assaulting the dog or was committing or attempting to commit a crime. | Statute |
| Milke v. Ratcliff Animal Hospital, Inc. | 120 So.3d 343 (La.App. 2 Cir., 2013) | 48,130 (La. App. 2 Cir. 7/10/13) | This is an action for veterinary malpractice brought against a veterinarian and veterinary clinic, as well as an action for improper delay and bad faith dealing against the insurer of the veterinary clinic. Plaintiff brought this case after their 6-month old puppy died in the post-operative period following neutering surgery. Defendant veterinarian and clinic could not provide an exact cause of death, and the malpractice insurer that plaintiff was referred to denied plaintiff's malpractice claim. The district court granted summary judgment in favor of defendants, and plaintiff appealed. On appeal, the court found that the veterinarian and clinic did not commit malpractice and the insurer did not act in bad faith, and affirmed the judgment of the lower court. | Case |
| MT - Exotic wildlife - Part 7. Importation, Introduction, and Transplantation of Wildlife | MCA 87-5-701 to 87-5-725 | MT ST 87-5-701 to 87-5-725 | These Montana statutes control the importation, introduction, and transplantation of exotic wildlife into the state. The importation of any wildlife is prohibited unless the species poses no threat of harm to native wildlife and plants or to agricultural production and that the introduction has significant public benefits. Violations may result in a fine or imprisonment. | Statute |
| NY - Breed - § 3421. Homeowners' liability insurance; dogs | McKinney's Insurance Law § 3421 | NY INS § 3421 | This New York law provides that, with respect to homeowners' insurance policies, no insurer shall refuse to issue or renew, cancel, or charge or impose an increased premium or rate for such policy or contract based solely upon harboring or owning any dog of a specific breed or mixture of breeds. This law does not prohibit an insurer from refusing to issue or cancel such insurance where a dog of any breed or mixed breeds has been declared a dangerous dog. | Statute |
| Ferguson v. Birchmount Boarding Kennels Ltd. | 2006 CarswellOnt 399 | 207 O.A.C. 98, 79 O.R. (3d) 681 |
In August 2002, plaintiffs’ dog escaped while being exercised at defendant-kennel’s boarding facility. Birchmount appeals from the judgment claiming the court applied the wrong standard of care, and that the court erred in law in awarding the plaintiffs damages for pain and suffering. The reviewing court found that the evidence would likely have led to the same conclusion regardless of whether a “bailment” standard was used. Further, this court was satisfied that the trial judge did not err in law or in fact in making findings and in awarding general damages where there was evidence that the plaintiffs experienced pain and suffering upon learning of the dog’s escape. |
Case |
| Animals and the Law |
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Policy | ||
| State v. Hartrampf | 847 P.2d 856 (Oregon 1993) | 118 Or.App. 237 (1993) |
Defendant appealed a conviction for attempted involvement in animal fighting, arguing that the statutes at issue were unconstitutionally vague. Since the defendant admitted he knowingly was among spectators at farm hosting a cockfighting event, the Court of Appeals held that a person of common intelligence could discern that defendant's conduct constituted a substantial step toward involvement in animal fighting. |
Case |
