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Title Citation Alternate Citation Agency Citation Summary Type
ME - Breeder - Chapter 701. Rules Governing Animal Welfare Code Me. R. 01-001 Ch. 701, § I - VII ME ADC 01-001 Ch. 701, § I - VII The following Maine regulations reveal the state's requirements for the proper care/housing of animals at pet stores, kennels, and animal shelters. These regulations also establish civil penalties for pet stores, kennels, or animal shelters who violate either the following regulations or Chapter 719 of Title 7 of the Maine Revised Statutes Annotated. Administrative
Pitts v. State 918 S.W.2d 4 (Tex. App. 1995).

Right of appeal is only available for orders that the animal be sold at public auction. The statutory language does not extend this right to seizure orders.

Case
AL - Racing - § 11-65-1 to § 11-65-47. Horse Racing and Greyhound Racing in Class 1 Municipalities Ala.Code 1975 § 11-65-1 to § 11-65-47 AL ST § 11-65-1 to § 11-65-47 This set of statutes allows for municipalities in Alabama to vote on whether or not they wish to authorize horse and greyhound racing and pari-mutuel wagering. Each municipality that authorizes it must create a commission which must be incorporated in order for a municipality to conduct horse and greyhound racing. The commissions each regulate horse and greyhound racing only in their respective municipalities. A license must be obtained by the commission of the respective municipality in which one desires to operate or construct a racing facility. Statute
Sentencia T-608, 2011 Sentencia T-608/11 The Plaintiff brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary created for the purpose of protection of fundamental rights) acting as the legal guardian of her husband, who had spastic quadriplegia and mixed aphasia as a result of a severe cranioencephalic trauma, against Corporación Autónoma Regional de Caldas ‘CORPOCALDAS’. The Plaintiff argued that Corpocaldas had violated the rights to health and dignified life of her husband when the Defendant confiscated a parrot that was part of the Plaintiff’s rehabilitation treatment. The Plaintiff sought immediate restitution of the parrot by the Defendant. The court affirmed the decision of the lower court to deny the Plaintiff’s petition. The court determined that the confiscation of the parrot by Corpocaldas was reasonable and according to the law, therefore there was not a violation of the rights of the Plaintiff. The court stated that as wild animals belong to the nation and they can only be reduced to property when the are obtained through legal hunting or from legal breeders. In this particular case, the Plaintiff obtained the parrot as a present from her cousin, and she did not present evidence of title. The court concluded that the bird belonged to the nation, and therefore the environmental authority had acted in accordance to its duties. The court stated that even though there was a narrow relationship between the rights to health and life with the right to environment, the protection of the environment did not only aim to the protection of humans. The court indicated that the environment should be protected whether or not it offered a benefit to the human species. The rest of the beings that are part of the environment are dignified beings that are not at the absolute and unlimited disposition of the human beings. Humans are just another element of nature, and not a superior entity that has the environment at their disposition. Therefore, the use of natural resources should not cause damage or deterioration that could threaten diversity and environmental integrity, the court stated in its reasoning. Case
WI - Impound - 173.23. Disposition of animals W. S. A. 173.23 WI ST 173.23 This Wisconsin statue provides the necessary elements for an owner needs to retrieve his or her impounded dog. Included are reasonable proof of ownership, licensure if required by statute or ordinance, proof of vaccination as required by ordinance, and payment of charges. If an animal is not claimed, the statute outlines several dispositions, such as adoption, euthanization, and sale of the animal at public auction, including sale at a licensed animal market. Statute
PA - Exotic Pets - Subchapter D. Permits Relating to Wildlife; Chapter 147. Special Permits. Subchapter N. Exotic Wildlife Posse 34 Pa.C.S.A. § 2961 - 2965; 58 Pa. Code § 147.261 - 262 PA ST 34 Pa.C.S.A. § 2961- 2965; 58 PA ADC §§ 147.261 - 262 These Pennsylvania statutes represent the state's exotic pet laws. "Exotic wildlife" includes all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals. The commission may issue a permit to a person to act as an exotic wildlife dealer. No permit shall be granted by the commission until it is satisfied that the provisions for housing and caring for the exotic wildlife and protection for the public are proper and adequate and in accordance with the standards which may be established by regulations. It is unlawful to release any exotic wildlife into the wild, fail to exercise due care in safeguarding the public, or recklessly engage in conduct that places another person in danger of attack from exotic wildlife. Statute
Windridge Farm Pty Ltd v Grassi [2010] NSWSC 335

The defendants entered the plaintiff's land, containing a piggery, with the intention of taking photographs and film footage to establish that the plaintiff failed to meet certain standards. The defendants' argument that the plaintiff was not entitled to injunctive relief because of 'unclean hands' was dismissed by the court. The court also found that the defensive argument based on 'implied freedom of political communication' did not have application in the circumstances.

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
Commonwealth v. Arcelay 190 A.3d 609 (Pa. Super. Ct. June 12, 2018) 2018 PA Super 161, 2018 PA Super 161, 2018 WL 2927748 (Pa. Super. Ct. June 12, 2018) The appellant Arcelay appeals his conviction for the summary offense of cruelty to animals after he left his two small Yorkie dogs were found inside of his vehicle on an 87 to 90 degree day for approximately two hours at Willow Grove Naval Air Station. The dogs were rescued from the car and survived (law enforcement gave the dogs water and placed them inside an air conditioned building). After receiving a citation for leaving the animals, appellant entered a plea of not guilty and appeared for the Magisterial Judge. He was found guilty and assessed fines and costs of $454.96. At a Summary Appeal de novo hearing, the officers who responded to the scene presented evidence, including testimony on the dogs being in the car for two hours and photographs of the area showing no shade was available. Appellant testified that he was retired from the Reserves and was at the base to set up for a family picnic. During the morning, he indicated that he checked on the dogs every fifteen minutes. Appellant testified that "he believes the public overreacts when they see dogs in a car" and he was upset that someone had gone into his vehicle to remove the dogs. The court ultimately found appellant guilty of the summary offense, but put appellant on a probation for three months in lieu of fines and costs, taking into account Appellant's lack income. On the instant appeal, appellant first questions whether the Court of Common Pleas had jurisdiction to hear this matter since it occurred on a military installation. Appellant also raises whether the evidence was insufficient as a matter of law for the cruelty to animals conviction. As to the jurisdictional argument, the court here found the issuance of the summary citation at the military base was appropriate. The court observed that it is well-settled that military and non-military courts may exercise concurrent subject matter jurisdiction for criminal matters. The court also found that there was sufficient evidence to support appellant's conviction, where his conduct in leaving the dogs in a closed car on a hot, summer day presented an unreasonable risk of harm. The judgment was affirmed. Case
VT - Cruelty - § 5784. Forcible entry of motor vehicle to remove unattended child or animal 12 V.S.A. § 5784 VT ST T. 12 § 5784 This Vermont law, enacted in 2016, provides that any person who forcibly enter a motor vehicle for the purpose of removing a child or animal from the motor vehicle shall not be subject to civil liability for damages arising from the forcible entry if certain steps are followed. Statute

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