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Displaying 5981 - 5990 of 6638
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| DE - Newark - Chapter 5: Animals (Article II: Horses) | The Code of the City of Newark, 1970 §§ 6.12.010 - 6.12.100 5-19 to 5-21 |
In Newark, Delaware, a person is prohibited from riding, driving, or leading a horse on the city's sidewalks, but may ride a horse on a city street's bicycle path. Additionally, a person is prohibited from riding, driving, or leading a horse in a reckless, disorderly, or careless manner through or over any of the streets or private property in the city. Penalties for violating these provisions are provided. |
Local Ordinance | |
| In re: MARJORIE WALKER, d/b/a LINN CREEK KENNEL | 2006 WL 2439003 (U.S.D.A.) |
Judicial Officer affirmed the Administrative Law Judge's decision that Marjorie Walker, d/b/a Linn Creek Kennel, violated the regulations of the Animal Welfare Act. The Judicial Officer stated that the Animal Welfare Act provides factors that must be considered when deciding the amount of civil penalty, and that the ability to pay the penalty is not a factor. Respondent was ordered to cease and desist from violating the regulations and standards, pay a $14,300 civil penalty, and the license was revoked . |
Case | |
| Friends of Animals v. Bernhardt | 961 F.3d 1197 (D.C. Cir. 2020) | Appellants consisting of conversation organizations and a safari guide challenged a series of actions of the U.S. Fish and Wildlife Service (“FWS”) governing imports of sport-hunted animal trophies from Africa. The Appellants challenged certain findings that the Service made allowing animal trophies to be imported. The Court had reviewed a similar set of findings in another case and concluded that they were legislative rules illegally issued without notice and comment. FWS subsequently withdrew all its findings that were issued without notice and comment including the ones that were challenged by the Appellants in a subsequent memorandum. The Appellants still desired to contest the withdrawn findings. The Appellants alleged that it was illegal for the FWS to abandon its prior findings without engaging in APA informal rulemaking and that it was illegal for the FWS to announce its intent to the make the necessary findings through informal adjudications in the future. The Appellant’s claims fell into three categories: (1) challenges to the 2017 Zimbabwe findings that sport-hunting of elephants would enhance the survival of the species; (2) challenges to the memorandum by the FWS withdrawing their prior findings; and (3) challenges to the memorandum’s announcement that the FWS intends to making findings on a case-by-case basis when considering individual permit applications. The Court found that since the FWS had withdrew the 2017 findings, they no longer caused the appellants any injury which made any challenges to them moot. The Appellants attempted to argue that the flaws in the 2017 Zimbabwe elephant finding were capable of repetition yet would evade review. The Court rejected this argument. As for the second challenges regarding the memorandum’s withdrawal of its prior findings, the Court found that the withdrawal caused no injury to the Appellants. The Court rejected the challenges to the memorandum’s announcement that the FWS intended to make findings on a case-by-case basis. Ultimately the Court affirmed the district court’s judgment. | Case | |
| OR - Animal Racing - Chapter 462. Racing. | O.R.S. § 462.010 - 990 | OR ST §§ 462.010 - 990 | Oregon created a Racing Commission that has the authority license, regulate, and supervise all race meets within the state and shall cause the race tracks that hold races to be inspected at least once each fiscal year. A race meet is not to be held unless a license is obtained from the Oregon Racing Commission. All employees of the race track as well as any public training facility or kennel for greyhounds involved in racing are also required to obtain a license from the Commission prior to engaging in their duties. The Commission may require each applicant to obtain a recommendation in writing of the board of county commissioners of the county in the event a race meet is to be held outside of a city and of the governing body of such city if the race meet is to be held within a city. The Commission is tasked with determining the number and classes of race meets to be held in any fiscal year and the total number of racing dates to be granted to a licensee, not to exceed 350 days in any metropolitan area in any fiscal year. The Commission is entitled to require chemical testing of the urine, blood, saliva, or other bodily substances of animals participating in races. Animals are prohibited from participating in races if they have been administered a drug that is prohibited by the Commission, prohibited drugs have been detected in the animal's system, and the animal has been stimulated or depressed in any way by a mechanical device not sanctioned by the Commission. | Statute |
| KY - Initiatives - Right to Hunt | 2012 Amendment | This measure proposes to amend the Constitution of Kentucky to create a right to hunt, fish, and harvest nonthreatened species using traditional methods. It passed by 84.5% of the vote. | Statute | |
| WV - Impound - § 19-20-8. Impounding and disposition of dogs; costs and fees | W. Va. Code, § 19-20-8 | WV ST § 19-20-8 | This West Virginia statute provides that dogs seized and impounded as provided in this article shall be kept housed and fed in the county dog pound for five days after notice of seizure and impounding has been given or posted. Upon expiration this time period, all dogs which have not previously been redeemed by their owners shall be sold or humanely destroyed (this statute outlines what constitutes "humanely destroyed"). The owner may, at any time prior to the expiration of five days retrieve his or her dog by paying the requisite fees and satisfying any other provisions. | Statute |
| Stephanski v. Wimpy | Complaint against a vet. for malpractice. Plaintiff's dog died after it was neutered. Plaintiff sought non-economic damages. | Pleading | ||
| R. v. Senior | [1899] 1 QB 283 |
Held: The word "wilfully", when used in the context of an offence prohibiting cruelty to children, "means that the act is done deliberately and intentionally, not by accident or inadvertence, but so that the mind of the person who does the act goes with it" ( per Lord Russell of Killowen C.J.). Note: the word "wilfully" is occasionally an element of animal welfare offences, such as that of wilfully, without any reasonable cause or excuse, administering a poisonous drug or substance to an animal (Protection of Animals Act 1911, s 1(1)(d)). |
Case | |
| People v. Schneider | 2004 WL 2191322 (Ca. App. 3 Dist.) | 2004 WL 2191322 (Ca. App. 3 Dist.) |
Defendant's dogs escaped from Defendant's yard and attacked and killed a six-year-old boy. The trial court convicted Defendant of owning a mischievous animal that causes death and involuntary manslaughter. The Court of Appeals reversed and remanded the trial court's conviction for owning a mischievous animal that causes death due to erroneous jury instructions. |
Case |
| State v. Agee | --- N.E.3d ---- , 2019 WL 3504010 (Ohio App., 2019) | 2019-Ohio-3107 | The Humane Society brought this action in response to a complaint regarding a dog tangled in a tether. Three German Shepherds were discovered that belonged to the Defendant, Shawn Agee, Jr. The dogs were suffering from maltreatment. All three had been restrained without access to water or food and one of the dog’s tethers was wrapped so tightly that its leg had started to swell. Two of the dogs were suffering from fly strike. The State charged the Defendant with 12 criminal misdemeanors relating to the treatment of the three animals. The trial court acquitted the Defendant of 10 of those counts because of his unrebutted testimony that he had been out of town for the weekend and had left the dogs in the care of his mother. The Defendant was found guilty to two second-degree misdemeanors relating to the two dogs suffering from fly strike because those particular injuries were long time, very painful injuries that were not being treated and the Defendant was the dogs’ “confiner, custodian, or caretaker.” The Defendant was sentenced to community control, a fine of $100, a suspended jail sentence of 180 days, the surrender of the two dogs with fly strike, and the proviso that the remaining dog be provided with regular vet appointments and various other conditions. This appeal followed. The Defendant asserted that the Court erred by finding that he had in fact violated the statute that he was found guilty of and that his convictions were not supported by legally sufficient evidence. The Defendant argued that he did not qualify as the type or class of persons subject to criminal liability merely as an owner. The Court noted that the trial court did not impose liability due to his status as the dogs’ owner, but rather due to this having served as the two dogs’ confiner, custodian, or caretaker when they developed fly strike and should have been but were not properly treated. As for the second assignment of error, the Court found that there was sufficient evidence to find that the Defendant had violated the statute. The Defendant had admitted that he knew that the two dogs had fly strike “two or three weeks before he left town for the weekend.” The dogs were not treated before he left town. The Court ultimately affirmed both convictions. | Case |