Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| CITES Conf. 9.24 |
This is the attempt by the Party States under CITES to define just what "endangered" might mean for different types of plants and animals. |
Treaty | |||
| People v. Chenault | 227 Cal. App. 4th 1503, review filed (Aug. 25, 2014) | 175 Cal. Rptr. 3d 1 (Cal.App.Dist.4, 2014), review filed (Aug. 25, 2014) | Darrell Chenault was convicted on 13 counts of lewd acts on a child under 14 years of age and sentenced to 75 years to life in prison. On appeal he contended that the trial court abused its discretion by allowing a support dog to be present during the testimony of two child witnesses without individualized showings of necessity, and that the presence of the dog was inherently prejudicial and violated his federal constitutional rights to a fair trial and to confront the witnesses against him. The appellate court concluded that a trial court has authority under Evidence Code section 765 to allow the presence of a therapy or support dog during a witness’s testimony.” The court did “not believe that the presence of a support dog is inherently more prejudicial than the presence of a support person,” citing the New York case of Tohom. Chinault argued that “individualized showings of necessity” should have been required for F. and C. before the support dog could be present in the courtroom. The appellate court concluded however that “a case-specific finding that an individual witness needs the presence of a support dog is not required by the federal Constitution,” for which Tohom was again cited. Based on the court's review of the record, the appellate court concluded that the trial court made implicit findings that the presence of Asta, the support dog, would assist or enable F. and C. to testify completely and truthfully without undue harassment or embarrassment. The court also took measures to reduce any possible prejudice to Chenault by setting forth logistics for the entry, positioning, and departure of the support dog, along with F. and C., during jury recesses so the dog was as unobtrusive and least disruptive as reasonably possible. The judgment was affirmed. | Case | |
| US - AWA - 1966 Public Law 89-544 | 1966 PL 89-544 |
As stated in Senate Report No. 1280 there were three main purposes for the proposed law in 1966: (1) to protect the owners of pet dogs and cats from the theft of their pets; (2) to prevent the use or sale of stolen dogs or cats for purposes of research or experimentation; and (3) to establish humane standards for the treatment of dogs, cats, and certain other animals by animal dealers and research facilities. |
Statute | ||
| UNITED STATES of America v. Robert J. v. STEVENS, Appellant |
The Third Circuit held that 18 U.S.C. § 48, the federal law that criminalizes depictions of animal cruelty, is an unconstitutional infringement on free speech rights guaranteed by the First Amendment. This brief supports the United States' petition for certiorari. Cert. was granted in April of 2009 by the U.S. Supreme Court. |
Pleading | |||
| CO - Restaurant - 25-4-1615. Pet dogs in retail food establishments | C.R.S.A. § 25-4-1615 | CO ST § 25-4-1615 | This 2020 Colorado law allows a person to have a pet dog in an outdoor dining area of a retail food establishment if several conditions are met (including, but not limited to, the presence of a separate entrance for the dogs and their owners, requiring owners to keep dogs on leashes or in pet carriers, and not allowing the dogs on furniture or fixtures). The law allows a retail food establishment to elect not to allow dogs in its outdoor dining area. In addition, the governing body of a city, county, or city and county may prohibit the presence of pet dogs in outdoor dining areas of retail food establishments located within the governing body's jurisdiction | Statute | |
| Priebe v. Nelson | 140 P.3d 848 (Cal. 2006) | 39 Cal.4th 1112, 47 Cal.Rptr.3d 553 |
A kennel worker who was bitten by a dog while the dog was in the care of the kennel sued the owner of the dog under a theory of strict liability under a statute and under the common law. The court found that the dog owner was not liable to the kennel worker because under the "veterinarian's rule," the kennel owner had assumed the risk of being bitten by the dog. |
Case | |
| MA - Disaster Planning - Massachusetts Emergency Animal Annex | Comprehensive Emergency Management Plan (CEMP) | The Comprehensive Emergency Management Plan (CEMP) is an all hazards plan developed to address the natural and man-caused hazards that threaten Massachusetts. The CEMP and ESF Annexes describes the system that will be used in Massachusetts to prevent, prepare for, respond to, and recover from an emergency or disaster. It also identifies and assigns specific areas of responsibility for coordinating resources to support the response to an emergency or disaster. The Massachusetts Emergency Support Function 11 (MAESF-11) Agriculture, Animals and Natural Resources provides a framework for coordination and cooperation across state agencies and other organizations regarding the control and support of animal sheltering, search, rescue, recovery, and reunification needs and activities before, during, and after a disaster, or emergency. | Administrative | ||
| MX - Bird - Parrot Ban in Spanish (DECREE by which article 60 2 to the General Law of Wildlife) | artículo 60 Bis 2 a la Ley General de Vida Silvestre |
(Text of law in Spanish). The ban prohibits the capture, export and import of 22 Mexican parrot species. The ban on imports was needed because most species are shared with Central and South American countries and many were being imported and used as cover up for illegal trade. The ban was approved by Congress last April by consensus and it was originally drafted after a presentation of a 2007 report, "The Illegal Parrot Trade in Mexico: A Comprehensive Assessment." The report revealed for the first time the volume of the illegal trade of parrots within Mexico. An estimated 65,000 -78,500 wild parrots and macaws are captured illegally each year, with more than 75 percent of the birds dying before ever reaching a purchaser. The measure was passed in late October of 2008. |
Statute | ||
| AU - Threatened Species Protection Act 1995 (QLD) | Threatened Species Protection Act 1995 |
The Nature Conservation Act 1992 is an act of the Parliament of Queensland that provides for the legislative protection of Queensland's threatened fauna and flora. As originally published, it provided for native animals and plants to be declared presumed extinct, endangered, vulnerable, rare or common. In 2004 the act was amended to more closely align with the International Union for the Conservation of Nature and Natural Resources categories: presumed extinct was changed to extinct in the wild and common was changed to least concern. |
Statute | ||
| KS - Maize - Breed - Pit Bull Ordinance | MAIZE, KS., CITY CODE, §§ 2-401 - 2-420 (2003) |
In Maize, Kansas, it is unlawful to keep, harbor, own or possess any pit bull dog unless the dog was registered on the date of publication of this article. A registered dog is subject to requirements, such as the uses of a leash and muzzle if not confined and “Beware of Dog” signs. Dogs that are a subject of a violation may be seized, impounded, and even killed, if necessary. A violation may result in a $200 to $500 fine and/or imprisonment for up to 30 days, as well as removal of the dog from the city. |
Local Ordinance |