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Title Citation Alternate Citation Summary Type
US - Housing - Section 504 of the Rehabilitation Act of 1973 29 USC 794 In the context of housing discrimination, this statute creates the rule that public housing authorities cannot deny housing to a disabled person solely because of his or her disability, and that if a reasonable accommodation can be made to make housing available to a disabled person, the landlord is required to make the accommodation. To establish a prima facie case of housing discrimination, the tenant must establish four elements: (1) tenant is an individual with a disability; (2) tenant is "otherwise qualified" to receive the benefit; (3) tenant was denied the benefit of the program solely by reason of his or her disability; and (4) the program receives federal financial assistance. Statute
CA - Horse docking - § 597q. Docked horses; unregistered; prima facie evidence West's Ann. Cal. Penal Code § 597q CA PENAL § 597q This statute provides that driving, working, keeping, racing or using any unregistered docked horse 60 days after the passage of this act is prima facie evidence of the fact that the party engaged in such activity docked the tail of such horse. Statute
NC - Lien - Chapter 90. Medicine and Allied Occupations. N.C.G.S.A. § 90-187.7 NC ST § 90-187.7 This North Carolina statute provides that any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, unclaimed by its owner for a period of more than 10 days after written notice by registered or certified mail, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as such custodian may deem proper. The giving of proper notice relieves such custodian of liability resulting from the disposal. Statute
Derecho Animal Volume 12 Núm 2

Vol. 12 Núm. 2 (2021)

 

Tabla de contenidos

número de página

Editorial

 

Estatuto jurídico de los animales en el Código civil.

Policy
IL - Exotic pets - Act 68. Herptiles-Herps Act 510 ILCS 68/1-1 to 510 ILCS 68/110–5 IL ST CH 510 § 68/1-1 to IL ST CH 510 § 68/110–5 Under the Herptiles-Herps Act reptiles and amphibians are exempt from the definition of “aquatic life” under the Fish and Aquatic Life Code. All rules and enforcement actions under the Illinois Conservation Law and the dangerous animals statutes related to reptiles and amphibians are now covered exclusively by this Act. Statute
Fitch v. Eiseman 2000 WL 34545801 (Alaska 2000) (unpublished opinion) The trial court approved a divorcing couple’s agreement for dogs to be with their children (and so travel to the husband's and wife’s houses as part of a shared custody agreement of their children).  The wife did not abide by the agreement, so the Supreme Court remanded back to the trial court to determine sole ownership of the dog. Case
Lindauer v. LDB Drainlaying, Inc. 555 P.2d 197 (Colo.App. 1976) 38 Colo.App. 266 (1976)
In this Colorado case, the owners of a thoroughbred racehorse brought a negligence action to recover for injuries to his horse against the corporation that  installed underground pipe on property leased by plaintiffs. The lower court entered judgment on a verdict awarding damages to plaintiffs. On appeal, this court held that the evidence of negligence and contributory negligence was sufficient for jury where defendant physically left an unfinished project for two months where the horse was injured. Defendant still owed a duty of care that it would have owed as contractor. However, plaintiffs were not entitled to damages for care and feeding of injured horse.
Case
MO - Liberty - Breed - Sec. 4-24. - Keeping of pit bull dogs prohibited. LIBERTY, MO., CITY CODE §§ 4-24 - 4-25 (2010)

In Liberty, Missouri, it is be unlawful to keep, harbor, own or possess any pit bull dog, with exceptions for pit bull dogs already residing in the city. Such dogs may remain as long as the owner complies with certain requirements, such as proper registration, proper confinement, the use of a leash and muzzle, the posting of "Beware of Dog-Pit Bull," keeping $50,000 liability insurance, and taking identification photographs. Any dog found to be the subject of a violation may be subject to seizure and impoundment.

Local Ordinance
Beasley v. Sorsaia 880 S.E.2d 875 (2022) 247 W.Va. 409 (W.Va., 2022) Petitioner was charged with animal cruelty in West Virginia. The incident stemmed from 2020 where humane officers in Putnam County seized several horses and a donkey that were denied “basic animal husbandry and adequate nutrition[.]” After the seizure, petitioner claimed the magistrate lacked jurisdiction to dispose of the case because farm animals are excluded under the Code. That motion was granted by the magistrate and the animals were returned to the petitioner. After a short period of time, petitioner was charged with six counts of criminal animal cruelty and again the magistrate dismissed the complaint. However, the magistrate stayed the dismissal on the State's motion so that the circuit court could determine whether § 61-8-19(f) excludes livestock. The circuit court agreed that the section encompasses livestock from inhumane treatment and the magistrate was prohibited from dismissing the complaint. Petitioner now appeals that decision here. This court first examined the anti-cruelty statute finding that the structure of the exception under subsection (f) refers back to the conditional phrase that ends in "standards" for keeping the listed categories of animals. The court disagreed with the petitioner's claim of a "blanket exclusion" for livestock since the Commissioner of Agriculture has promulgated rules that govern the care of livestock animals that includes equines. The court rejected petitioner's attempt to parse the placement of clauses and antecedents to support her claim. The court held that § 61-8-19(f) establishes an exclusion for farm livestock only when they are “kept and maintained according to usual and accepted standards of livestock ... production and management." The circuit court's writ of prohibition was affirmed and the matter was remanded. Case
IL - Pet Shops - Chapter 225. Professions and Occupations. 225 I.L.C.S. 605/1 - 22 IL ST CH 225 § 605/1 - 22 This section comprises Illinois' Animal Welfare Act. The Act is primarily aimed at regulating commercial pet dealers, such as kennels, breeders, and retail pet shops. The provisions include restrictions on the age at which both dogs and cats can be separated from their mothers (8 weeks). Statute

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