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Title Citation Alternate Citation Agency Citation Summary Type
US - Birds - Part 15. Wild Bird Conservation Act 69 FR 4557 50 CFR 15.1 to .53 The regulations in this part implement the Wild Bird Conservation Act of 1992, Pub.L. 102-440, 16 U.S.C. 4901-4916. Exotic bird means any live or dead member of the Class Aves that is not indigenous to the 50 States or the District of Columbia. This Act prohibits the importation of exotic birds into the U.S. except by permit. Permits authorizing the importation of exotic birds will be issued under the regulations for the following purposes only: scientific research; zoological breeding or display programs; cooperative breeding programs designed to promote the conservation and maintenance of the species in the wild; or personally owned pets accompanying persons returning to the United States after being out of the country for more than 1 year. The regulations further provide that no individual may import more than two exotic birds as pets in any year. Administrative
State v. Graves Slip Copy, 2017 WL 3129373 (Ohio Ct. App., 2017) 2017 -Ohio- 6942 In this Ohio case, defendant Graves appeals his misdemeanor cruelty to animals conviction under R.C. 959.13(A)(3). The conviction stems from an incident in 2016 where Graves left his dog in locked and sealed van while he went into a grocery store. According to the facts, the van was turned off in an unshaded spot with windows closed on a 90+ degree day. Witnesses at the scene called police after they engaged in an unsuccessful attempt to get defendant to leave the store. In total, the dog spent about 40-45 minutes locked in the van. Graves was issued a citation for cruelty to animals and later convicted at a bench trial. On appeal, Graves first asserts that R.C. 959.13(A)(3) is unconstitutional because the statute is void for vagueness as applied to him and overbroad. This court found that the definition of cruelty was not so unclear that it could not be reasonably understood by Graves. The court was unconvinced by appellant's arguments that the statute provided insufficient guidance to citizens, and left open relevant question such as length of time a dog can be left unattended, exact weather conditions, and issues of the size of dogs left in vehicles. The court noted that most statutes deal with "unforeseen circumstances" and do not spell out details with "scientific precision." In fact, the court noted "[t]he danger of leaving an animal locked in a sealed vehicle in hot and humid conditions is well-known." Additionally, the court did not find the law to be overbroad, as defendant's right to travel was not infringed by the law. Finally, defendant contends that his conviction was against the manifest weight of the evidence. In rejecting this argument, the court found Graves acted recklessly under the law based on the hot and humid weather conditions and the fact that humans outside the van were experiencing the effects of extreme heat. Thus, the lower court's judgment was affirmed. Case
NE - Swap Meets - (i) Exotic Animal Auctions and Swap Meets Neb.Rev.St. 54-7,105 - 110 NE ST § 54-7,105 - 110 This law requires exotic animal auction or exchange venue organizers to maintain records in order to track animal diseases. Statute
ME - Ferret - Chapter 730-A. Breeding, Sale and Transportation of Small Mammals 7 M. R. S. A. § 3970-A to 3970-B ME ST T. 7 § 3970-A to 3970-B This chapter concerns the sale and importation of juvenile ferrets. Statute
US - Cattle - Milk Income Loss Contract Program 7 U.S.C.A. § 7981 - 7984 Federal program that compensates dairy producers when domestic milk prices fall below a specified level. Statute
People v. Jornov 65 A.D.3d 363, 881 N.Y.S.2d 776 (N.Y.A.D. 4 Dept.,2009) 2009 WL 1887134 (N.Y.A.D. 4 Dept.), 2009 N.Y. Slip Op. 05430

This New York case stems from an attack on Philip Mueller and his dog by Defendant-Appellant Jornov's "two pit bull-terrier mixed breed dogs.” During proceedings in City Court, the court determined that defendant's dogs were dangerous dogs and directed that they be euthanized. The Supreme Court, Appellate Division, Fourth Department, affirmed the finding that the dogs were dangerous under Agriculture and Markets Law § 121 and Agriculture and Markets Law § 350[5] because there was clear and convincing evidence that the dogs attacked a companion animal and behaved in a manner that a reasonable person would believe posed a serious and imminent threat of serious physical injury or death. However, under the amended version of the statute, a judge or justice may not automatically direct humane euthanasia or permanent confinement of a dangerous dog where none of the aggravating circumstances are present.

Case
Howle v. Aqua Illinois, Inc. 2012 IL App (4th) 120207 (Ill.App. 4 Dist.) 2012 IL App (4th) 120207 As the result of a dog bite on the defendant’s rental property, the plaintiff suffered a torn cheek and irreparable damage to her ear. The plaintiff therefore attempted to recover damages from the defendant on the common law theory of negligence and through Illinois’ Animal Control Act. The trial court, however, dismissed the Animal Control Act claim and, later, granted the defendant’s motion for summary judgment on the negligence claim. Upon appeal, the appellate court affirmed the lower court’s decision, though it stated a motion for summary judgment was more appropriate then the motion to dismiss for the Animal Control Act claim.    Case
Sentencia Constitucional 1982/2011-R- Bolivia Tribunal Constitucional Plurinacional de Bolivia, Sentencia Constitucional 1982/2011-R The Bolivia Constitutional Tribunal issued this decision in response to a "popular action," a constitutional mechanism safeguarding collective and diffuse rights. The complaint alleged that the municipal Mayor had infringed upon the right to integral education and environmental balance by neglecting to address requests for relocating animals at the "Oscar Alfaro Zoo," where they endured highly inadequate conditions. In its ruling, the tribunal highlighted the interconnectedness of humans with the environment, stressing that environmental preservation hinges on balance and health. Disruption of this delicate equilibrium poses risks to the environment and humans, who are also part of the biological chain. Recognizing the right to a healthy environment as a diffuse right, the court stresses it affects all members of the collective, which includes all elements of the environment and its ecosystems. Thus, the tribunal granted the requested protection, finding the Mayor responsible for violating the right to a healthy environment and the duty to preserve and protect it. The Mayor's inaction led to the tragic death of numerous animals at the zoo. The court ordered the immediate temporary relocation of the animals to specialized facilities to ensure their survival and the conservation of species at the zoo. However, it clarified that the popular action mechanism could not address the right to integral education. Case
In re: Tri-State Zoological Park of Western Maryland, Inc. 2013 WL 8214620 (U.S.D.A.) Mr. Candy started Tri-State, a zoo, in 2002 as a way to provide his children and other members of the community in Cumberland, Maryland, with an entertaining and educational activity. However, several violations of the Animal Welfare Act led to a cease and desist order and a 45 day suspension of the zoo’s license. Case
IN - Endangered Species - Chapter 34. Nongame and Endangered Species Conservation I.C. 14-22-34-1 to 21 IN ST 14-22-34-1 to 21 These Indiana statutes set out the definitions related to endangered species and prohibit any form of possession of listed species, including taking, transporting, purchasing or selling except by permit. Listed species may be removed, captured, or destroyed if it is shown by good cause that the species are causing property damage or are a danger to human health. Statute

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