Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| NC - Fur/Dealer Licenses - Chapter 113. Conservation and Development. | N.C.G.S.A. § 113-273 | NC ST § 113-273 | Defines "dealer" and all rules applicable to obtaining a dealer license. Defines "fur-dealer license" and "fur dealers" as those involved in the lawful buying and selling of wild animals or their skins, pelts, or fur. Defines "controlled hunting preserve operator licenses," "game bird propagation licenses," "furbearer propagation licenses" and "taxidermy licenses." | Statute | |
| Unified Sportsmen of Pennsylvania ex rel. their members v. Pennsylvania Game Com'n | 03 A.2d 117 (Pa.Cmwlth., 2006) | 2006 WL 2009061 (Pa.Cmwlth.) |
A Pennsylvania association consisting of hunters and outdoorsmen and members of the association filed a complaint/request for writ of mandamus against the Pennsylvania Game Commission, Department of Conservation and Natural Resources (DCNR), and various state officials, seeking an order directing Commission and DCNR to provide the data and information on which the Commission relied in setting "harvest" figures for Pennsylvania's deer population. Before this Court in our original jurisdiction are the preliminary objections of the Pennsylvania Game Commission , the Pennsylvania Department of Conservation and Natural Resources, and certain Commonwealth officers (collectively, Respondents). The court first found that the Sportsmen indeed have standing, conferred both by statute and under the under the traditional substantial-direct-immediate test. However, Respondent Game Commission's demurrer was sustained, primarily because the court agreed that due to the ambiguous nature of Sportsmen's pleading, it is not possible to discern a legal theory to support the relief requested. Further, the court sustained Respondent's claim that the DCNR, its Secretary, and the state's Governor were not proper parties to association's suit. Despite these procedural defects, the court did not dismiss the Sportsmen's action, and instead allowed them to amend their complaint within 30 days of this order. |
Case | |
| WY - Scientific permits - Chapter 33. Regulation Governing Issuance of Scientific Research | WY ADC GAME POSS Ch. 33 s 1 - 9 | WY Rules and Regulations GAME POSS Ch. 33 s 1- 9 | The purpose of this regulation is to govern and regulate the issuance of permits to take, capture, handle, and transport Wyoming wildlife for scientific research, educational or special purposes. Such permits may be issued to persons, educational institutions, or governmental entities when the Wyoming Game and Fish Department determines the scientific research, educational, or special purposes are beneficial to wildlife, the department or the public. | Administrative | |
| Carter v. Metro North Assocs. | 680 N.Y.S.2d 239, 240 (N.Y.App.Div.1998) | 255 A.D.2d 251 (N.Y.App.Div.1998) | In this case, a tenant sued her landlord for injuries sustained when the tenant was bitten on the face by a pit bull owned by another tenant. The court held that before a pet owner, or the landlord of the building in which the pet lives, may be held strictly liable for an injury inflicted by the animal, the plaintiff must establish both (1) that the animal had vicious propensities and (2) that the defendant knew or should have known of the animal's propensities. In this case, there was no evidence that the pit bull had vicious propensities, nor did any of the evidence support a finding that the landlord had, or should have had, knowledge of any such propensities. The appellate court found the lower court erred when it took "judicial notice of the vicious nature of the breed as a whole." The court noted that there are alternate opinions and evidence that preclude taking judicial notice that pit bulls are inherently vicious as a breed. The trial court order was reversed, judgment for plaintiff vacated, and complaint dismissed. | Case | |
| NY - Racing - § 220. Licenses for participants and employees at race meetings | McKinney's Racing, Pari Mutuel Wagering and Breeding Law § 220 | NY RAC PARI-M § 220 | The state racing and wagering board issues licenses to owners, trainers, assistant trainers and jockeys, jockey agents, and stable employees for horse races, including steeplechases. | Statute | |
| MI - Cruelty - 712A.18l. Juveniles, guilty of cruelty to animals or arson; court ordered psychiatric or psychological treatment | M. C. L. A. 712A.18l | MI ST 712A.18l | This statute provides that if a juvenile is found to be within the court's jurisdiction for an offense that, if committed by an adult, would be a violation of the Michigan penal code relating to either cruelty to animals or arson, the court shall order that the juvenile be evaluated to determine if he or she needs psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate, the court may order that treatment in addition to any other treatments or penalties allowed by law. | Statute | |
| Carter v. Metro North Associates | 255 A.D.2d 251, 1998 N.Y. Slip Op. 10266 (N.Y.A.D. 1 Dept.,1998) | 255 A.D.2d 251, 1998 N.Y. Slip Op. 10266 (N.Y.A.D. 1 Dept.,1998) |
In this New York case, a tenant sued his landlords for injuries after he was bitten on face by pit bull owned by another tenant. The lower court denied the landlords' motion for summary judgment and granted partial summary judgment for tenant on issue of liability. On appeal, the Supreme Court, Appellate Division held that the trial court erroneously took judicial notice of vicious nature of breed of pit bulls as a whole. In fact, the court found that the IAS court "erred in circumventing the requirement for evidence concerning the particular animal by purporting to take judicial notice of the vicious nature of the breed as a whole." Thus, the landlords were not strictly liable for the tenant's injuries where there was no evidence indicating that the dog had ever attacked any other person or previously displayed any vicious behavior. |
Case | |
| US - Endangered Species - Subpart I - Interagency Cooperation | 50 C.F.R. § 17.94 | This section of the ESA regulations provides that all federal agencies must insure that any action authorized, funded, or carried out by them is not likely to result in the destruction or adverse modification of the constituent elements essential to the conservation of the listed species within these defined Critical Habitats. It also gives greater definition of what constitutes "Critical Habitat" and how agencies and interested parties can locate the boundaries of specified critical habitats. | Administrative | ||
| US - Service animals - Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities | 2008 WL 2413721 (F.R.) | CRT Docket No. 106; AG Order No. 2968-2008 |
The Department of Justice (Department) is issuing this notice of proposed rulemaking (NPRM) in order to: Adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are "consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board" (Access Board); and perform periodic reviews of any rule judged to have a significant economic impact on a substantial number of small entities, and a regulatory assessment of the costs and benefits of any significant regulatory action as required by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
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Administrative | |
| CA - Restaurant - § 114259.5. Live animals | West's Ann.Cal.Health & Safety Code § 114259.5 | CA HLTH & S § 114259.5 | In 2014, California added amendments to its law on "Live Animals" in the Retail Food Code related to pet dogs in outdoor dining areas. If a food establishment owner allows it, patrons may bring their pet dogs to an outdoor dining area if requirements are met. Like other states, there must be an outdoor entrance, employees must wash hands if they touch the dogs, dogs must be leashed and under control, pet waste must be properly dealt with, and "food and water provided to pet dogs shall only be in single-use disposable containers." This last provision is interesting because it considers the needs of the canine customers. | Statute |