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Title Citation Alternate Citation Summary Type
State Holding Period Laws for Impounded Companion Animals

Holding period laws are state requirements that determine how long an impounded animal must be “held” by a government entity (or contracted agent) before it can be released or euthanized.

State map
MD - Liens - § 16-401. Lien for care or custody Md. Code Ann., Com. Law § 16-401 MD Code, Commercial Law, § 16-401 Under Maryland law, any person who owns or operates a livery stable or other establishment who gives care or custody to livestock will have a lien on the livestock for any reasonable charge relating to: board and custody, training, veterinarian and blacksmith service, and other maintenance expenses. If the lien is not paid within 30 days after payment is due, the owner of the livery stable is entitled to sell the livestock. Statute
NE - Dangerous - ARTICLE 6. DOGS AND CATS. (B) DANGEROUS DOGS. Neb. Rev. St. § 54-617 to 54-624 NE ST § 54-617 to 54-624 These Nebraska statutes outline the state's dangerous dog laws. Among the provisions include a requirement that the dog must be restrained when not in a secure enclosure on the owner's property. There is also a requirement that owners must post warning signs on the property notifying people that a dangerous dog is present. If a dangerous dog bites a person, the owner can be found guilty of a Class IV misdemeanor and the dog will be destroyed. Statute
KY - Exotic Animals - Chapter 65. General Provisions Applicable to Counties, Cities KRS § 65.877 KY ST § 65.877 This Kentucky statue authorizes counties and cities to regulate or prohibit the holding of inherently dangerous wildlife. For example, the Department of Fish and Wildlife Resources has identified some of the following animals as being dangerous: African buffalo, Hippopotamus, Hyenas, Old world badger, Lions, jaguars, leopards, or tigers, Clouded leopard, Cheetah, Elephants, Rhinoceroses, Gorillas, Baboons, drills, or mandrills, Crocodiles, Alligators or caimans, certain snakes, Gila monsters or beaded lizards, Komodo dragon, Wolverine, Bears, Wolf, mountain lion. Statute
Kitchin ex rel. Kitchin v. Halifax County 665 S.E.2d 760 (N.C.App.,2008)

In this North Carolina case, defendant dog owners appealed from a decision of the County Board of Health that ruled their dog could not be returned home because of the dog's potential exposure to rabies as result of attacking a raccoon (the dog was scheduled for euthanization). After the Board denied the owners' appeal, they filed a complaint against county which contained motions for preliminary and permanent injunctions to prevent dog's quarantine and for class certification. The Court of Appeals held that the owners' appeal of Board's decision to quarantine dog was moot because dog had already been returned home. The action against the animal control officers was dismissed because the officers were shielded by governmental immunity.

Case
Caribbean Conservation Corp., Inc. v. Florida Fish and Wildlife Conservation Com'n 838 So.2d 492(Fla. 2003) 28 Fla. L. Weekly S46, 28 Fla. L. Weekly S134

The petitioners' challenge is whether the Legislature can require the newly created Florida Fish and Wildlife Conservation Commission (FWCC) to comply with the requirements of the Administrative Procedure Act (APA), when adopting rules or regulations in respect to those species of marine life that are defined as endangered, threatened, or species of special concern. The petitioners are not-for-profit groups and individuals who allege several statutory sections unconstitutionally usurp the constitutional authority of the FWCC to regulate marine life.  The FWCC and the Attorney General (respondents) disagree and argue that the Legislature can require the application of the APA and that the statutes that delineate power to the Department of Environmental Protection (DEP) are constitutional.  The issue was whether the creation of the FWCC also gave it power to regulate endangered, threatened, and species of special concern or whether that power remained with the DEP.  The court found that such power remained with the DEP regarding endangered and threatened species of marine life.  However, it could discern no statutory basis in effect on March 1, 1998, for the DEP having regulatory or executive power in respect to a category of marine species designated "of special concern" so that portion of the challenged statutes was held unconstitutional.

Case
MN - Hospitals, nursing homes - § 144.573. Pets in certain institutions M.S.A. § 144.573 Minn. Stat. Ann. § 144.573 (West) This Minnesota statute describes the level of care required for pets who live in institutional facilities with their owners. Statute
Schor v. N. Braddock Borough 801 F. Supp. 2d 369 (W.D. Pa. 2011) Sadie, a six (6) year old pit bull and family pet was shot and killed by the Defendant Officer Wittlinger. The Plaintiff, Sadie’s owner, filed a twelve count complaint alleging four § 1983 claims under federal law against all Defendants including the borough, police department, board of supervisors, police chief, and Officer Wittlinger. The remaining eight counts alleged claims solely against the officer. The Defendants' filed a partial motion to dismiss for failure to state a claim. The Court granted the dismissal of claims against the board, police chief, and officer in their official capacities. The court also dismissed the Plaintiff’s state negligence claims. However, the court did not dismiss claims brought against Police Chief Bazzone and Officer Wittlinger in their individual capacities. The court reasoned that the facts pled by the Plaintiff were sufficient to show that Chief Bazzone may have acted with deliberate indifference by not disciplining Officer Wittlinger after a prior dog shooting incident, and maintained a custom within the Police Department that it was proper to shoot a pet dog wandering the streets. The court also denied the motion to dismiss Plaintiff’s fourth amendment rights claim. The court reasoned that the facts pled by the Plaintiff were sufficient to state a claim for violation of her Fourth Amendment rights because the plaintiff had a possessory interest in her dog Sadie as “property” and the officer used excessive force while seizing the Plaintiff’s property. Case
MN - Impound - Chapter 346. Animals M. S. A. § 346.47 MN ST § 346.47 (formerly MN ST § 35.71) This is Minnesota's holding period law. This law mandates that all animals seized by public authority must be held for redemption for at least 5 business days by the impounding agency or a longer time if specified by municipal ordinance. The law requires the establishments to preserve records of the animals in custody for at least six months. A person must not release an animal seized and held under this section for research or product testing, either directly or through an animal dealer. Statute
IA - Hunting, canned - 484B.4. Hunting preserve operator's license--application and license requirements I. C. A. § 484B.4 IA ST S 484B.4 Under this Iowa statute, a person who owns or controls by lease or otherwise for five or more years, a contiguous tract of land having an area of not less than three hundred twenty acres, and who desires to establish a hunting preserve to propagate and sell game birds and their young or unhatched eggs, and shoot game birds and ungulates on the land, can apply to the state for an operator's license. The commission reviews the application to determine, among other things, that allowance of the license is not detrimental to wildlife and does not interfere with migratory bird activity. Statute

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