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Title Citation Alternate Citation Agency Citation Summary Type
Derecho Animal Volume 7 Núm 4

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Editorial

 

Reforma del Cc. de Portugal: Los animales como seres sintientes

Teresa Giménez-Candela

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Policy
UT - Sterilization - Animal Welfare Act. Part 2. Animal Shelter Pet Sterilization Act U.C.A. 1953 § 11-46-201 - 208 UT ST § 11-46-201 - 208 Under this Utah act, a shelter may not transfer an unsterilized animal for adoption unless the shelter has a written agreement in which the recipient agrees to have the animal sterilized and gives the shelter a sterilization deposit. If a recipient fails to comply with the agreement, the animal may be seized and impounded, and the recipient forfeits the deposit. A first violation may result in a civil penalty of $250. Statute
AU - Companion Animals - Domestic Animals Act 1994 (VIC) Domestic Animals Act 1994 - No. 81 of 1994 The purpose of the Domestic Animals Act is to promote animal welfare, responsible pet ownership and to protect the environment. The legislation provides for cat and dog identification and enables Municipal Councils to deal effectively with feral, straying and nuisance populations. Statute
ID - Idaho Falls - Title 1: General Provisions & Title 5: Criminal Code (Chapter 9: Animals) City Code of the City of Idaho Falls §§ 1-3-5, 5-1-3, 5-9-3 to 5-9-4

In Idaho Falls, Idaho, any person who causes an animal to fight for amusement, or for gain, or to worry or injure each other; and any person who permits the same to be done on any premises under his charge or control; and any person who aids, abets or is present as a spectator is guilty of a misdemeanor. Additionally, any person who owns, possesses, keeps or trains any bird or animal, with the intent that such bird or animal engage in an exhibition of fighting, or any person who is present at any place, building or tenement, where preparations are being made for an exhibition of fighting of birds or animals, with the intent to be present at such exhibition, is guilty of a misdemeanor. Any person violating these provisions may be punished by imprisonment for a term not exceeding six (6) months, or by a fine not exceeding one thousand dollars ($1,000), or by both.

Local Ordinance
Allanson v. Toncich 2002 WL 1897936 (Austrailia) 2002 WASCA 216

Appeal uphold the judgement against the dog owner for damages, but recalculates damages upward.

Case
CA - Historical - 1872: Cruelty to Animals Enacted February 14, 1872 (almost identical with Field's Draft, Section 699), and then read: "Every person who maliciously kills, maims, or wounds an animal, the property of another, or who maliciously and cruelly beats, tortures, or injures any animal, whether belonging to himself or another, is guilty of a misdemeanor." Historical
State v. Butler 175 N.H. 444, 293 A.3d 191 (2022) 2022 WL 4488304 (N.H. Sept. 28, 2022) Defendant Kevin Butler was convicted of criminal negligence after he left his dog inside a parked vehicle for 45 minutes when the temperature was over 90 degrees outside. The charge came after a neighbor noticed a dog in the vehicle that was "scratching at the windows and the door" and appeared to be in distress. After calling the police, an animal control officer removed the animal from the unlocked car and transported the distressed dog to a local veterinary clinic. At trial, the defendant testified that he was out running errands on a "very hot" day, and asked his son to get the dog out of the car as Defendant's hands were full. An important phone call distracted him from following up on the dog's removal and only after the police knocked on his door did he realize the dog must still be in the car. On appeal here, Defendant contends that the evidence was insufficient to establish the mens rea of criminal negligence for both charges. The State must prove that a defendant “fail[ed] to become aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct" and that this risk constitutes a gross deviation from conduct performed by a reasonable person. Here, the court found that the record supports the trial court's conclusion that the defendant failed to become aware of a substantial and unjustifiable risk that the dog would overheat in the car and that his failure to perceive this risk constituted a gross deviation from reasonable care. The temperature was high that day, the car was parked in direct sunlight with all the windows up, and the dog was left for around an hour. The fact that Defendant relied upon his 8-year-old son to remove the dog under these circumstances constituted a gross deviation from reasonable care. This was not "mere inattention" as Defendant claimed. The conviction was affirmed. Case
WV - Pet Trust - § 44D-4-408. Trust for care of animal W. Va. Code, § 44D-1-110; W. Va. Code, § 44D-4-408; W. Va. Code, § 44D-4-409 WV ST § 44D-1-110; WV ST § 44D-4-408; WV ST § 44D-4-409 These West Virginia statutes regulate trusts for the care of animals. A pet trust may be created to provide for the care of an animal alive during the grantor's lifetime. The trust terminates upon the death of the animal. Property of a trust may be applied only to its intended use. A trust may be enforced by a person appointed in the terms of the trust instrument or by a person appointed by the court. Statute
NH - Commercial breeders - art Agr 1704. Operating Standards Relative to Commercial Kennels NH ADC Agr 1704.01 - 10 N.H. Code Admin. R. Agr 1704.01 - 10 These New Hampshire regulations address minimum standards at commercial animal facilities. The regulations cover general aspects (i.e., housing must be structurally sound and maintained in good repair) as well as more specific aspects related to indoor heating/cooling and ventilation requirements. The sizing and construction of primary enclosures and minimal feeding requirements are described. Administrative
SC - Cruelty - Consolidated Cruelty Statutes Code 1976 § 47-1-10 - 225; Code 1976 § 16-15-120 SC ST § 47-1-10 - 225; SC ST § 16-15-120 This South Carolina subsection comprises the state's anti-cruelty laws. The term "animal" under this subchapter includes all living vertebrate creatures except homo sapiens (but see the exclusion section where fowl are specifically excluded). Animal cruelty occurs when a person knowingly or intentionally overloads, overdrives, overworks, ill-treats any animal, deprives any animal of necessary sustenance or shelter, inflicts unnecessary pain or suffering upon any animal, or by omission or commission knowingly or intentionally causes these things to be done. The statute also has a felony provision for the torture, tormenting, needless mutilation, cruel killing, or infliction of excessive or repeated unnecessary pain. Statute

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