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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.

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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
Hearn v. City of Overland Park 772 P.2d 758 (Kan. 1989) 244 Kan. 638 (1989)

Syllabus by the Court

In an action to enjoin the City of Overland Park from enforcing an ordinance regulating the ownership of pit bull dogs within the city, the record is examined and it is held: (1) The ordinance is not unconstitutionally vague or overbroad; (2) the ordinance does not violate the due process rights of plaintiffs under the United States and Kansas Constitutions; (3) the ordinance does not violate the equal protection clauses of the United States and Kansas Constitutions; and (4) the district court did not err in dismissing the plaintiffs' claim for damages pursuant to 42 U.S.C. § 1983 (1982).

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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
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
People v. Maikhio 126 Cal.Rptr.3d 74 (Cal. 2011) 2011 WL 2437645 (Cal. 2011); 51 Cal.4th 1074 (2011)

Defendant was charged with possession of a spiny lobster during closed season and failure to exhibit his catch as required by a statute. The Supreme Court held that the statute authorizes a warden to demand that a person who is or has recently been fishing or hunting to display his catch; the Fourth Amendment does not preclude a warden from briefly stopping a person. The warden's knowledge that the defendant lied in claiming he had caught nothing established probable cause to search his vehicle. By denying that he had caught anything, defendant failed to display his catch upon demand.

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