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Title Citation Alternate Citation Agency Citation Summary Type
UK - Fur - Fur Farming (Prohibition) Act 2000 2000 CHAPTER 33

An Act to prohibit the keeping of animals solely or primarily for slaughter for the value of their fur; to provide for the making of payments in respect of the related closure of certain businesses; and for connected purposes.

Statute
MT - Exotic Pets - Sub-chapter 22. Exotic Wildlife Mont.Admin.R. 12.6.2201 - 2230 MT ADC 12.6.2201 - 2230 These Montana regulations provide the requirements for care and housing of exotic wildlife. The list of noncontrolled species and prohibited species is also provided. Administrative
Shelby PROIE; Karen Munro; Patricia Sykes; Animal Legal Defense Fund, a non-profit corporation; and People for the Ethical Treat

This case challenges a decision by the National Marine Fisheries Service to exclude from the listing of the Southern Resident killer whale population all captive members of that population and their progeny. By excluding the captive members from the endangered species list under the Endangered Species Act, plaintiffs contend that NMFS has failed to protect these animals from being harmed, harassed, and even killed, as otherwise prohibited under the ESA, and has acted in a manner that is arbitrary and capricious, an abuse of discretion, and not in accordance with law, within the meaning of the APA.

Pleading
Siegel v. State 635 S.W.3d 313 (Ark., 2021), reh'g denied (Jan. 13, 2022) 2021 Ark. 228 (2021) Defendant Karen Siegel was convicted of 31 misdemeanor counts of animal cruelty based on 31 breeding dogs that were seized from her home. At issue here on appeal by defendant is whether the underlying statutes that allows seizure of the animals, Arkansas Code Annotated sections 5-62-106 and 5-62-111, are constitutional. In addition, defendant argues that by not ordering return of the seized dogs to defendant and compensating defendant for her loss of property was error. The first circuit court criminal case was dismissed on speedy-trial grounds and that ruling was upheld in later appeal. The issues on the instant appeal relate to the status of the seized dogs. Siegel argues that the circuit court erred by not ordering the return of her seized property and also not assigning a value for the property that was destroyed or damaged. The court here looked at the language of the seizure statute and found that Siegel failed to post a bond to care for the dog as is contemplated by the statute. The statute provides no award of damages to a defendant and the county that seized the dog is not a party in the criminal action brought by the state. Thus, the lower court was correct in stating that Siegel's remedy was a separate civil action. As to Siegel's challenges to the constitutionality of those statutes, this court found the argument moot since review of the issue would have no practical legal effect upon a then-existing controversy. The case was affirmed in part and dismissed as moot in part. Case
Animal Law Index Volume 2

Animal Law Review, Volume 2 (1996)

INTRODUCTION

ANIMALS AS PROPERTY
Gary L. Francione

This article gives a brief introduction of the social attitudes regarding animals as property.  

 

Policy
Com. v. Linhares 957 N.E.2d 243 (Mass.App.Ct., 2011) 80 Mass.App.Ct. 819 (2011); 2011 WL 5517133 (Mass.App.Ct.)

Defendant intentionally hit a duck with his car and was convicted of cruelty to animals. The conviction was upheld by the Appeals Court because all that must be shown is that the defendant intentionally and knowingly did acts which were plainly of a nature to inflict unnecessary pain. Specific intent to cause harm is not required to support a conviction of cruelty to animals.

Case
Humane Society of the United States v. Kempthorne 579 F.Supp.2d 7 (D.D.C. 2008) 68 ERC 1146 (2008)

Environmental and wildlife organizations brought challenge under the Endangered Species Act [ESA] against a final rule promulgated by the U.S. Fish and Wildlife Service [FWS] designating the Western Great Lakes distinct population segment of gray wolves and simultaneously delisting it from the ESA.  The court vacated and remanded the Rule to the Fish and Wildlife Service because the ESA was ambiguous about whether it authorized the FWS to simultaneously designate and delist a distinct population segment.  There was no Chevron deference due.

Case
UT - Veterinary - Chapter 28. Veterinary Practice Act. U.C.A. 1953 § 58-28-101 - 606 UT ST § 58-28-101 - 606 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. Statute
AU - Wildlife - National Parks and Wildlife Act 1974 (NSW) National Parks and Wildlife Act 1974 An Act to consolidate and amend the law relating to the establishment, preservation and management of national parks, historic sites and certain other areas and the protection of certain fauna, native plants and Aboriginal objects . Statute
KS - Hesston - Breed - 2-125 PROHIBITION ON OWNERSHIP, KEEPING, OF CERTAIN DOG BREEDS. HESSTON, KS., CITY CODE § 2-125, 2-126 (2007)

In Hesston, Kansas, it is unlawful to keep, harbor, own, or possess a Staffordshire bull terrier, an  American pit bull terrier, or a Rottweiler. Dogs that were registered with the city on the date of publication of this ordinance may be kept within the city limits subject to certain requirements, such as using a leash and muzzle outside, confining the dog in certain ways, posting “Beware of Dog” signs, maintaining liability insurance of $50,000, and taking identification photographs. A violation may result in a fine of up to $1,000 and/or imprisonment up to 30 days.

Local Ordinance

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