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Displaying 6081 - 6090 of 6822
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Hayes v. State | 518 S.W.3d 585 (Tex. App. 2017) | 2017 WL 1193845 (Tex. App. Mar. 31, 2017) | Defendant appeals an order with the Henderson County Sheriff's Office to destroy his dogs under Chapter 822 of the Texas Health and Safety Code. More specifically, defendant claims reversible error after he was denied a jury trial. Defendant's three dogs were seized after they attacked an individual riding a bicycle in front of defendant's residence. After a hearing, the dogs were found to be dangerous pursuant to Section 822.041 related to dogs causing serious bodily injury to a person. The judge then ordered the dogs to be humanely destroyed. Hayes appealed the order and requested a jury trial, which was objected to by the Henderson County Attorney's Office and sustained by the court. The dogs were found to be dangerous at a bench trial and ordered humanely euthanized, while defendant was ordered to pay $2,780 to the county. On appeal, defendant argues the county court erred in removing his case from the jury trial docket. The court now considers two questions: "(1) whether the owner of a dog ordered to be humanely destroyed by a justice, county, or municipal court judge, pursuant to Chapter 822, subchapter A, of the Texas Health and Safety Code, has the right to appeal such order; and (2) if an appeal is allowed, whether a jury can be requested to hear the de novo appeal." The court here declined to adopt the state's interpretation that the statute's silence as to a right of appeal indicates that the legislature eliminated that right. In fact, the court observed Subchapter A of Chapter 822 dealing with less serious "dangerous dogs," allows a party to appeal a dangerous dog finding. The court found it would be inconsistent that the more severe Subchapter D denies an appeal of right where the less severe subchapter grants it, especially where a forfeiture of property occurs (i.e., dogs). As to the right to jury trial, the court found Chapter 822 silent on that issue. However, the court found the order for seizure and destruction of defendant's "special personal property" guaranteed him a trial by jury under Article I of the Texas Constitution. The trial court's Final Order was reversed and the case was remanded to county court. | Case | |
| IE - Cruelty - Protection of Animals, 1911 | Protection of Animals Act, 1911 | This Ireland law makes it illegal for a person to cause any animal “unnecessary suffering.” The act outlines all of the ways a person can be guilty of causing an animal harm including: beating, kicking, over-loading, torturing, and poisoning. If a person is found guilty under the act, the court has the power to take ownership of the animal and order the guilty party to pay any damages that resulted from the harm. | Statute | ||
| DC - Impoundment - § 8-1805. Impoundment | DC CODE § 8-1805 | DC ST § 8-1805 | Under this law, the Mayor shall make a prompt and reasonable attempt to locate and notify the owner of the impounded animal, including scanning the animal for a microchip. The Mayor shall deem abandoned any animal impounded and not redeemed by its owner within 7 days of impoundment if such animal is wearing identification. Any animal impounded not wearing identification shall be deemed abandoned if not redeemed by its owner within 5 days of impoundment. An animal deemed abandoned shall become the property of the District of Columbia and may be adopted or disposed of in a humane manner. | Statute | |
| NV - Exotic - Chapter 574A. Dangerous Wild Animals | N.R.S. 574A.010 - 574A.080 | NV ST 574A.010 - 574A.080 | This chapter of Nevada laws concerns the exhibition of "dangerous wild animals." Under the chapter, dangerous wild animal means elephants, primates (except humans), wolves, big cat species, and bears. A person shall not allow a dangerous wild animal to come in direct contact with a member of the public. A person who violates any provision of this chapter is subject to a civil penalty of not more than $20,000. | Statute | |
| Constitución Política de la Ciudad de México | Constitución Política de la Ciudad de México | The Constitution, adopted in 2017, is the most recently enacted in the nation. It places a strong emphasis on human rights and also acknowledges animals as sentient beings. Specifically, Article 13(b) explicitly recognizes animals as sentient beings and mandates their dignified treatment. This article not only imposes a moral obligation, but also a legal duty to uphold the life and well-being of animals. Under this provision, authorities are tasked with ensuring the protection, well-being, and the dignified and respectful treatment of animals. | Statute | ||
| US - Fisheries - Packwood-Magnuson Amendment | 16 USC 1801 - 1803 | The aim of this statute is the development of United States' controlled fishing conservation and management program designed to prevent overfishing and to rebuild depleted stock. | Statute | ||
| MA - Captive Wildlife - 2.12: Artificial Propagation of Birds, Mammals, Reptiles, and Amphibians | 321 MA ADC 2.12 | 321 CMR 2.12 | Massachusetts law prohibits possession of wild animals without a license. Licenses are only given out for limited reasons, none of which include the keeping of animals as pets. The classes for which licenses may be granted are propagator's licenses, public stocking licenses, dealer's licenses, possessor's licenses, and dog training licenses. | Administrative | |
| TX - Police - Nonlethal responses to dog encounters | V.T.C.A., Occupations Code §§ 1701.253; 1701.261; 1701.402 | TX OCC §§ 1701.253; 1701.261; 1701.402 | These statutes require training for Texas law enforcement in nonlethal responses to encounters with dogs. As part of the minimum curriculum requirements, the commission shall require an officer licensed by the commission on or after January 1, 2016, to complete a canine encounter training program established by the commission under Section 1701.261.That section states that the commission shall establish a statewide comprehensive education and training program on canine encounters and canine behavior. The training program must consist of at least four hours of classroom instruction and practical training, developed and approved by the commission, that addresses the handling canine-related calls, anticipating unplanned encounters with canines, and using humane methods and tools in handling canine encounters. | Statute | |
| CA - Abandonment - § 597.1. Failure to care for animals; misdemeanor; powers and duties | West's Ann. Cal. Penal Code § 597.1 | CA PENAL § 597.1 | Every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. The statutes also creates a duty in peace officers, humane society officers, and animal control officers to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned. | Statute | |
| Ley Nº 31807, 2023 - Peru | Esta ley, aprobada en junio de 2023, describe una modificación a la ley 30407 para incluir normas relativas a la adopción de mascotas abandonadas y entregadas, o animales adoptados para ser de compañía. El objeto de esta modificación es ampliar la protección de los animales de compañía y garantizar su bienestar. | Statute |