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Displaying 31 - 40 of 6098
Title Citation Alternate Citation Summary Type
Pennsylvania Law of Session of 1860: Cruelty to Animals 1860 Pa. Laws 46 Section 46 of Pennsylvania Session Law from 1860 covers cruelty to animals. The section describes what is cruelty to animal and the punishment for it. Statute
Tunisia - Cruelty - Animal Transport (in French) Journal officiel de la République tunisienne nº 6, 19 janvier 2007, p. 189 à 191. This Order, in French, establishes the technical and sanitary requirements for the transport of animals subject to the procedures of identification. These conditions are designed to ensure the comfort of the animal. Statute
DeRobertis by DeRobertis v. Randazzo 462 A.2d 1260 (N.J. 1983) 94 N.J. 144 (1983)

The principal issue in this New Jersey case is the liability of a dog owner to an infant plaintiff bitten by the owner's dog. At trial the jury returned a verdict for the plaintiffs, and the Appellate Division, in an unreported opinion, affirmed. A factual issue existed at the trial, however, as to whether the infant plaintiff was lawfully on the property of the owner, but the trial court did not submit that question to the jury. The omission is important because the "dog-bite" statute, N.J.S.A. 4:19-16, imposes absolute liability on an owner whose dog bites someone who is "lawfully on or in a private place, including the property of the owner of the dog." If the plaintiff was a trespasser, he was not lawfully on the property, and liability should not be determined under the statute but according to common-law principles.  It was necessary to find that the invitation to infant plaintiff to be on defendant's property extended to the area where the dog was chained.

Case
NY - Impound - Article 5. Powers, Limitations, and Liabilities. McKinney's General Municipal Law § 88 NY GEN MUN § 88 This New York statute provides that a municipality may by local law or ordinance provide that stray or unwanted dogs be given to an agency which trains seeing eye dogs or to a police department which trains dogs as guards. These agencies can requisition dogs that are awaiting destruction so long as five days have elapsed since the dog was impounded. Licensed dogs surrendered to the municipality or an animal shelter shall not be requisitioned without the written consent of the owner obtained at the time of the surrender. Statute
People v. Smalling --- Cal.Rptr.3d ----, 2019 WL 2400413 (Cal. App. Dep't Super. Ct. May 30, 2019) Defendant was cited for allowing a dog controlled or owned by her to cause injury or death to a service dog in violation of California’s Penal Code. The offense was an infraction. The defendant pled no contest and was fined $157. The service dog’s owner requested a restitution hearing, but the trial court denied the request stating that since the offense was an infraction, a restitution hearing was not permissible. The service dog owner appealed the decision of the trial court. The Court ultimately found that the trial court incorrectly stated that a victim of an infraction is not entitled to restitution. Both the California Constitution and the California Penal Code (the very statute that the Defendant was convicted of violating) entitle the victim to restitution. The California Constitution specifically states that restitution shall be ordered in every case regardless of the sentence or disposition of a crime in which a victim suffers a loss. The Court stated that an infraction is a crime, therefore, a restitution hearing is mandatory. The statute that the Defendant violated (section 600.2 of California’s Penal Code) also stated that a defendant shall be ordered to make restitution. The trial court abused its discretion in erroneously concluding that a crime victim is not entitled to restitution if the offense committed is an infraction and ultimately denying the victim restitution. The Defendant argued that an order for payment of restitution would be improper because she was never advised that victim restitution would be a consequence of her plea and that such an order would violate her plea agreement. She also argued that the trial court found, in good faith, that restitution was unnecessary. The Court, however, found the Defendant’s arguments unpersuasive. The Court reversed the order denying victim restitution and remanded the matter to the trial court with directions to conduct a restitution hearing. Case
VA - Property - § 3.2-6585. Dogs and cats deemed personal property; rights relating thereto Va. Code Ann. § 3.2-6585 VA ST § 3.2-6585 This Virginia statute provides that all dogs and cats shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. It further grants authority to animal control officers to seize a stolen dog or cat pending court action. Statute
Putnam County Humane Society v. Marjorie Duso d/b/a/ Oakwood Kennels, Putnam County Florida

The Putnam County (Florida) Humane Society brought an action seeking permanent custody of 41 dogs from Marjorie Duso, the operator of a kennel. The PCHS is a not-for-profit corporation that is devoted to the prevention of cruelty to animals pursuant to Florida law. Under that authority, the PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The Putnam County Court granted the PCHS custody of the dogs (except for Ms. Duso’s personal pet dog, which the PCHS was given the right to check on at least once a month). Further, the court enjoined Ms. Duso from owning, possessing, or breeding dogs except those kept as personal pets.

Pleading
Revista Brasileira de Direito Animal Volume 10

Brazilian Animal Rights Review
Ano 7 | Volume 10 | Jan - Jun 2012


Foreword | Editorial | 9

Doutrina Internacional | International Papers

O mercado negro de espécies silvestres: a luta contra o crime organizado transnacional no comércio

Policy
ND - Trust - Chapter 59-12. Creation, Validity, Modification, and Termination of Trust NDCC 59-12-08 ND ST 59-12-08 North Dakota's pet trust law was enacted in 2007. A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. Statute
Goodwin v. Crawford Cty., Georgia Slip Copy, 2019 WL 2569626 (M.D. Ga. June 21, 2019) This instant action is a motion to dismiss by Defendant Sims in a § 1983 action and state law claims by plaintiff Goodwin against several Crawford County, Georgia officials. The case started with the shooting of plaintiff's dog, allegedly by Defendant Crawford County Officer Neesmith. After the dog was shot in his driveway, plaintiff alleges that Neesmith consulted another officer named Hollis who arrived on scene. Neesmith then called Defendant Sims, who was an employee of the Crawford County Health Department. Sims explained to Neesmith by phone that Plaintiff Goodwin could be liable for the cost of a rabies shot if the dog's head was not removed and that the cost of the shot was approximately $20,000. After this call, Hollis order plaintiff to cut off his own dog's head to be tested for rabies or face criminal charges and the cost of the rabies shot. In the presence of plaintiff's wife and children, the plaintiff relented and cut off the dog's head with a knife, but was too emotionally distraught to take the dog's head to the Crawford County Health Department (Plaintiff Dakon did so). As to only Defendant Sims' motion to dismiss, this court found that her economic coercion was not arbitrary and thus did not violate plaintiff's substantive due process rights. Further, the court found that Sims did not actually coerce or force plaintiff to do the decapitation. Regarding plaintiff's intentional infliction of emotional distress against Sims, the court found that Sims' alleged use of "financial pressure" did not amount to extreme and outrageous conduct. Instead, the court said "she did her job," which was to communicate the rabies control procedures and did not actually require plaintiff to personally decapitate his dog. Accordingly, the Court granted Sims' Motion to Dismiss. Case

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