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Title Citation Alternate Citation Agency Citation Summary Type
French and Spanish Animal Laws

French and Spanish Animal Laws

France:

1. Law of  July 2,1850 relating to maltreatments on domestic animals Loi du 2 juillet 1850 relative aux mauvais traitements exercés envers les animaux domestiques .

Policy
Branks v. Kern (On Appeal) 359 S.E.2d (780 N.C.,1987) 320 N.C. 621 (1987)

On grant of appeal from Branks v. Kern , 348 S.E.2d 815 (N.C. 1986).  Cat owner brought negligence action against veterinarian and veterinary clinic after her hand was bitten while she held her own cat during a catheterization procedure. In reversing the Court of Appeals decision (348 S.E.2d 815 (N.C. App. 1986)), the Supreme Court held that defendants in the instant case have met their burden of showing that they are entitled to judgment as a matter of law where the evidence showed that the danger was obvious to plaintiff and defendants only owed plaintiff a duty to exercise ordinary care.

Case
Carrasquillo v. Carlson 880 A.2d 904 (Conn.App., 2005) 90 Conn.App. 705; 2005 WL 1983613 (Conn.App.)

A Connecticut motorist brought a negligence action against a dog owner, seeking to recover for personal injuries allegedly sustained when he took evasive action to avoid hitting dog.  The Superior Court, Judicial District of Waterbury, granted the dog owner's motion for summary judgment. On appeal, the Appellate Court held that the record was adequate for appellate review; the dog owner exercised reasonable control while walking dog; the statute allowing imposition of fine or imprisonment or both on owner of dog that interferes with motor vehicle did not apply; and the dog owner demonstrated that motorist would be unable to cure legal defects in complaint even if permitted to replead.

Case
GA - Rabies - 40-13-2-.19. Pets. GA ADC 40-13-2-.19 Ga Comp. R. & Regs. 40-13-2-.19 This Georgia regulation states that all dogs and cats twelve (12) weeks of age or older entering Georgia must have proof of a current and approved rabies vaccination in accordance with the most recent Compendium of Animal Rabies Control published by the National Association of State Public Health Veterinarians, Inc. It also provides other requirements for importation of pets. Administrative
Lindsey v. Texas State Board of Veterinary Medical Examiners Not Reported in S.W. Rptr., 2018 WL 1976577 (Tex. App., 2018) In 2015, Kristen Lindsey, who is a licensed veterinarian, killed a cat on her property by shooting it through the head with a bow and arrow. Lindsey had seen the cat fighting with her cat and defecating in her horse feeders and believed the cat to be a feral cat. However, there was evidence that the cat actually belonged to the neighbor and was a pet. Lindsey posted a photo of herself holding up the dead cat by the arrow. The photo was shared repeatedly and the story ended up reported on several news outlets. The Board received more than 700 formal complaints and more than 2,700 emails about the incident. In 2016 the Texas State Board of Veterinary Medical Examiners (the Board) initiated disciplinary proceedings against Lindsey seeking to revoke her license and alleging violations of the Veterinary Licensing Act and Administrative Rules. While the proceeding was pending, Lindsey filed a petition for declaratory judgment and equitable relief in the trial court. The grand jury declined to indict her for animal cruelty. Due to this, Lindsey asserted that the Board lacked the authority to discipline her because she had not been convicted of animal cruelty and her act did not involve the practice of veterinary medicine. The administrative law judges in the administrative-licensing proceeding issued a proposal for decision and findings of fact and conclusions of law which the Board adopted and issued a final order suspending Lindsey's license for five years (with four years probated). Lindsey then filed a petition for judicial review in trial court after the Board denied her motion for a rehearing. The trial court affirmed the Board's final order. This case involves two appeals that arise from the disciplinary proceeding filed against Lindsey by the Board. Lindsey appeals the first case (03-16-00549-CV) from the trial court denying her motion for summary judgment and granting the Board's motion for summary judgment and dismissing her suit challenging the Board's authority to bring its disciplinary action. In the second case (17-005130-CV), Lindsey appeals from the trial court affirming the Board's final decision in the disciplinary proceeding. Even though Lindsey was not convicted of animal cruelty, the Court of Appeals held that the Board possessed the authority to determine that the offense of animal cruelty was sufficiently connected to the practice of veterinary medicine. Lindsey also did not have effective consent from the neighbor to kill the cat. The Board had sufficient evidence that Lindsey tied her profession to the shooting of the cat through the caption that she put on the photo that was posted on social media. The Court of Appeals ultimately overruled Lindsey's challenges to the Board's authority to seek disciplinary action against her veterinary license in both appeals as well as her challenges regarding the findings of fact and conclusions by the administrative law judges. The Court affirmed the judgment in both causes of action. Case
TX - Rabies control - § 169.22. Definitions 25 TX ADC § 169.22 25 TAC § 169.22 This code is the definition section for the Texas Administrative Code's regulations on rabies control. Administrative
WA - Dog - Consolidated Dog Laws West's RCWA 4.24.410; 9.08.010 - 90; 9A.76.200; 9.91.170 - 175; 16.10.010 - 40; 16.54.010 - 40; 16.70.010 - 60; 36.49.020 - 070; 77.12.077; 77.15.240, 245, 440; 77.32.525; 77.32.540 WA ST 4.24.410; 9.08.010 - 90; WA ST 9A.76.200; WA ST 9.91.170 - 175; 16.10.010 - 40; 16.54.010 - 40; 16.70.010 - 60; 36.49.020 - 070; 77.12.077; 77.15.240, 245, 440; 77.32.525; 77.32.540 These Washington statutes comprise the state's dog laws. Among the provisions include vaccination requirements, dog control zones in municipalities, dangerous dog laws, and provisions concerning hunting with dogs. Statute
WA - King County - IV. MANDATORY SPAY AND NEUTER PROGRAM Sections 11.04.400 to 11.04.580

This part of the King County, Washington animal control ordinance states that no person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to K.C.C. 11.04.030 (except for guide dog puppies and police service dogs). The animal care and control authority shall develop and implement a twelve-month program to canvass for compliance with the licensing requirements of this chapter.

Local Ordinance
Joyce v Visser [2001] TASSC 116

The appellant was convicted of failing to provide food and water to dogs who were chained to a spot. Citing the extreme nature of the neglect and the need for general deterrence, the trial judge sentenced the appellant to three months' imprisonment. On appeal, the appellate judge found the sentence to be manifestly excessive and reduced the sentence.

Case
Animal Protection Institute of America v. Mosbacher 799 F.Supp 173 (D.C. 1992)

Wildlife protection organizations, including the API, brought action against Secretary of Commerce to challenge permits for importing false killer whales and belugas for public display. Zoo association and aquarium seeking the whales intervened.  The District Court the whale watchers had standing and the permits were not abuse of discretion.

Case

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