Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| FL - Liens - 713.65. Liens for care and maintenance of animals | West's F.S.A. § 713.50, 65, 655 | FL ST § 713.50, 65, 655 | These Florida laws concern liens for the care and maintenance of animals. The first section declares that the liens mentioned in the chapter include the described personal property under the circumstances mentioned in each section. Section 713.65 then describes that a lien exists in favor of all persons for the "feeding or caring for the horse or other animal of another, including all keepers of livery, sale or feed or feed stables, for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal." Based on the broad language of "other animal," a lien exists for the care and feeding of all owned animals. | Statute |
| US - Conservation - Fish and Wildlife Act of 1956 | 16 USC 742a - 742k | The Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, not including 742 d-l; 70 Stat. 1119), establishes a comprehensive national fish, shellfish, and wildlife resources policy with emphasis on the commercial fishing industry but also with a direction to administer the Act with regard to the inherent right of every citizen and resident to fish for pleasure, enjoyment, and betterment and to maintain and increase public opportunities for recreational use of fish and wildlife resources. Among other things, it directs a program of continuing research, extension, and information services on fish and wildlife matters, both domestically and internationally. | Statute | |
| AL - Sterilization - Chapter 9. Sterilization of Dogs and Cats. | Ala. Code 1975 § 3-9-1 to 4 | AL ST § 3-9-1 to 4 | These statutes require animal shelters, animal control agencies, and humane societies to sterilize dogs and cats acquired from other animal shelters, animal control agencies, and humane societies. For purposes of this statute, the term "sterilization" refers to the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. Adoptive animals must be sterilized by a licensed veterinarian before the animal is released to the new owner, or the new owner must enter into a written agreement with the facility certifying that sterilization will be performed by a licensed veterinarian within 30 days after acquisition of the animal or within 30 days of the sexual maturity of the animal. | Statute |
| Pless v. State | 648 S.E.2d 752 (Ga. App. 2007) | 286 Ga.App. 235 (2007) |
In this Georgia case, the defendant was convicted by a jury in the trial court of two counts of failure to keep an animal under restraint and one count of allowing an animal to become a public nuisance. On appeal, the appellate court affirmed the defendant's conviction with the exception of that portion of his sentence requiring him to reimburse the county for his court-appointed attorney fees. The Supreme Court of Georgia, however, reversed the appellate court's holding and ruled that the trial court was authorized to impose the reimbursement of attorney fees as part of the sentence. On remand, the appellate court vacated that portion of its opinion that reversed the imposition of attorney fees and adopted the Supreme Court's opinion as its own; all other respects of the appellate decision, Pless v. State, 633 S.E.2d 340 (Ga. App., 2006), remain undisturbed. |
Case |
| American Society For Prevention of Cruelty to Animals v. Ringling Bros. and Barnum & Bailey Circus | 317 F.3d 334 (C.A.D.C.,2003) | 55 ERC 1904, 354 U.S.App.D.C. 432 |
The American Society for the Prevention of Cruelty to Animals, the Animal Welfare Institute, the Fund for Animals, and Thomas Rider sued Ringling Bros. and its owner, Feld Entertainment, Inc., claiming that Asian elephants are an endangered species and that the circus mistreated its elephants in violation of the Endangered Species Act, 16 U.S.C. § 1531 et seq. The only question was whether, as the district court ruled in dismissing their complaint, plaintiffs (including a former elephant handler) lack standing under Article III of the Constitution. The Court of Appeals held that the former elephant handler demonstrated present or imminent injury and established redressability where the elephant handler alleged enough to show that his injuries will likely be redressed if he is successful on the merits. |
Case |
| Cantore v. Costantine | --- N.Y.S.3d ----, 2023 WL 7560690 (N.Y. App. Div. Nov. 15, 2023) | No. 2022-00077, 622356/19, 2023 N.Y. Slip Op. 05708 (N.Y.A.D. 2 Dept., Nov. 15, 2023) | This is an appeal of a personal injury case brought by plaintiff, the mother of the injured child, against the owners of a dog that caused the injury and the owners of the restaurant where the injury occurred. The injury took place at a dog-friendly restaurant both parties were dining at, where the dog owned by defendants bit a three-year-old infant. Plaintiff alleges that the restaurant owners knew of the dog’s vicious propensities but allowed it on the premises, and are liable along with the owners of the dog for the injuries sustained by her child. Defendant restaurant owners contend that they did not know of the dog’s vicious propensities, and that their restaurant requires that dogs be leashed and the dog was leashed at the time of the bite. Plaintiff argues that, under the Hewitt case, a standard negligence analysis should be used rather than an analysis based on knowledge of vicious propensities. Plaintiffs also argue defendant restaurant owners owed a duty of care to their customers, which was breached by allowing a dangerous dog on the premises. The lower court denied defendants motion for summary judgment because there were unresolved issues of fact as to the restaurant defendants’ duty to their patrons and the foreseeability of the injury. This appeal followed. On appeal, the court reversed the order of the lower court because defendants established that they did not have any knowledge of the vicious propensities of the dog and that they exercised reasonable care through their signage and policies to protect restaurant patrons from the risk of harm that allowing animals on the premises poses. Defendants' motion for summary judgment dismissing the complaint insofar as asserted against them is granted. | Case |
| IN - Cattle Slaughter - THE WEST BENGAL ANIMAL SLAUGHTER CONTROL ACT, 1950 | 22 of 1950 | The law, specific to the state of West Bengal, regulates the slaughter of bulls, bullocks, cows, calves, male and female buffaloes, buffalo calves and castrated buffaloes. Persons may not slaughter these animals without a certificate stating that the animal is over fourteen years of age and unfit for work or breeding, or that the animal has become permanently incapacitated from work or breeding due to age, injury, deformity or incurable disease. Animals under this Act may be slaughtered only in specific places. | Statute | |
| Knaust v. Digesualdo | 589 Fed.Appx. 698 (5th Cir. 2014) | Appellant operated a USDA-licensed exotic animal business in Texas. In February 2010, a United States Department of Agriculture (“USDA”) Animal and Plant Health Inspection Service agent visited the business on a routine inspection and cited Appellant for several USDA regulation violations. After several subsequent inspections, several other violations were discovered and Appellant was presented with a Notice of Intent to Confiscate Animals. The next day, the animals were confiscated. Using Bivens, Appellant argued the agents violated her Fifth Amendment Due Process rights by (1) seizing her property without providing a method for challenging the seizure and (2) not allowing sufficient time to cure the cited violations prior to seizing her property. The district court granted Defendants' motion to dismiss for failure to state a claim. On appeal, the 9th Circuit affirmed the district court’s decision because the Appellant failed to assert factual allegations showing how each defendant, by his or her own individual acts, violated her constitutional rights. | Case | |
| CA - Slaughter - § 599f. Nonambulatory animals; slaughter houses, stockyards, auctions, market agencies, or dealers; transaction | West's Ann. Cal. Penal Code § 599f | CA PENAL § 599f | As used in this section, "nonambulatory" means unable to stand and walk without assistance. This statute prohibits a slaughterhouse that is not inspected by the United States Department of Agriculture, stockyard, or auction shall buy, sell, or receive a nonambulatory animal. Effective July 2008, the law also states that no slaughterhouse shall sell meat from non-ambulatory animals for human consumption. The penalty was also increased from an unspecified misdemeanor to a penalty of up to one year in jail or a fine of up to $20,000 or both. | Statute |
| EU - Farming - 78/923/EEC: Council Decision of 19 June 1978 concerning the conclusion of the European Convention for the protect | 78/923/EEC |
This EU council decision approves the European Convention for the protection of animals kept for farming purposes on behalf of the European Economic Community. It has the aim of protecting animals kept for farming purposes, particularly in modem intensive production systems. |
Statute |