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Displaying 31 - 40 of 6637
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| ND - Livestock - State Board of Animal Health | NDCC 36-01-00.1 - 36 | ND ST 36-01-00.1 - ND ST 36-01-36 | This Chapter of North Dakota laws deals with the state board of animal health, state veterinarian, and special provisions for keeping certain non-traditional livestock. Section 36-01-08.2 states that any person who keeps a mountain lion, wolf, or wolf hybrid in captivity must obtain an identification number from the state board. Section 36-01-08.4 also provides that a person may not keep a skunk or raccoon in captivity, and that the state board must adopt rules concerning the keeping of a primate, wolf, or wolf-hybrid in captivity. The remainder of the chapter deals primary with infectious disease control in livestock, although section 36-01-31 contains a ban on the keeping of a live venomous reptile. | Statute | |
| KY - Trade - Buying and selling protected wildlife | KRS § 150.180; 150.390; 150.990 | KY ST § 150.180; 150.390; 150.990 | These statutes relate to trade in wildlife. The first statute prohibits the trade in protected wildlife. The next law prohibits the hunting of bears. Finally, the Kentucky statute providing punishment for violation of aforementioned statutes is provided. | Statute | |
| Com. v. Hackenberger | 836 A.2d 2 (Pa.2003) | 575 Pa. 197 (2003) |
Defendant was convicted and sentenced to 6 months to 2 years jail following a jury trial in the Court of Common Pleas of cruelty to animals resulting from his shooting of a loose dog more than five times. On appeal, appellant contends that the use of a deadly weapon sentencing enhancement provision does not apply to a conviction for cruelty to animals since the purpose is to punish only those offenses where the defendant has used a deadly weapon against
persons.
The Commonwealth countered that the purpose behind the provision is immaterial because the plain language applies to any offense where the defendant has used a deadly weapon to
commit the crime, save for those listed crimes where possession is an element of the offense. This Court agreed with the Commonwealth and held that the trial court was not prohibited from applying the deadly weapon sentencing enhancement to defendant's conviction for cruelty to animals.
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Case | |
| Barrios v. Safeway Ins. Co. | 97 So.3d 1019 (La.App. 4 Cir.,2012) | 2012 WL 1000864 (La.App. 4 Cir.,2012) |
Louisiana dog owners sued motorist for mental anguish and property damage after their dog was hit and killed by defendant's car. The lower court awarded damages to each of the dog owners in the total amount of $10,000. The Court upheld that the damages award of $10,000 because the dog was killed as a result of motorist's negligence, the owners were nearby and immediately arrived at scene to find their beloved dog dead, the dog was extremely valuable to owners, who had a close family-like relationship with dog for approximately 12 years, and the loss caused the owners to suffer psychic trauma. |
Case | |
| Citizens for Balanced Use v. Maurier | 303 P.3d 794 (Mont. 2013) | 2013 MT 166, 2013 MT 166, 370 Mont. 410, 2013 WL 3053594 |
Upon the Montana Department of Fish, Wildlife, and Parks’s decision to relocate a brucellosis-free herd of bison out of Yellowstone National Park and into tribal lands, plaintiffs sought an injunction to halt this movement until the department complied with MCA § 87-1-216. The District Court granted the plaintiffs a preliminary injunction. Upon appeal by defendants and defendant intervenors, however, the Supreme Court of Montana held that MCA § 87-1-216 did not apply and that the District Court relied on erroneous grounds for issuing a preliminary injunction under MCA § 27-19-201(2). The case was therefore reversed, the preliminary injunction vacated and the case was remanded back to the District Court.
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Case | |
| GA - Exotic Animals - 40-13-2-.16. Exotic and Pet Birds. | GA ADC 40-13-2-.16, 17 | Ga Comp. R. & Regs. 40-13-2-.16, 17 | This Georgia regulation provides that all exotic animals and all non-traditional livestock entering Georgia must be accompanied by an official Certificate of Veterinary Inspection identifying each animal with unique permanent individual identification. | Administrative | |
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| People v. Harris | --- P.3d ---- 2016 WL 6518566 (Colo.App.,2016) | 2016 COA 159 (Colo.App.,2016) | Harris was convicted for twenty-two counts of cruelty to animals after dozens of malnourished animals were found on her property by employees of the Humane Society. On appeal, Harris raised two main issues: (1) that the animal protection agent who was an employee of the Humane Society was not authorized to obtain a search warrant to investigate her property and (2) that the mistreatment of the twenty-two animals constituted one continuous course of conduct and that the lower court violated her rights under the Double Jeopardy Clause by entering a judgment on twenty-two counts of animal cruelty. The Court of Appeals reviewed the issue of whether the animal protection agent had the authority to obtain a search warrant to investigate the property and determined that the agent did not have the proper authority. The Court looked to the state statute that specifically stated that only “state employees” were able to investigate livestock cases. In this case, the animal protection agent was employed by the Humane Society and was not a state employee; therefore, he did not have the authority to obtain a search warrant to investigate the property. However, the Court found that there was no constitutional violation with regard to the search warrant because it was still obtained based on probable cause. For this reason, the Court denied Harris’ request to suppress evidence that was submitted as a result of the search warrant. Finally, the Court reviewed Harris’ argument regarding her rights under the Double Jeopardy Clause. The Court found that under the statute dealing with animal cruelty, the phrases “any animal” and “an animal” suggests that a person commits a separate offense for each animal that is mistreated. Essentially, the Court held that the language of the statute “demonstrates that the legislature perceived animal cruelty not as an offense against property but as an offense against the individual animal.” As a result, Harris’ rights under the Double Jeopardy Clause were not violated and the Court upheld the lower court’s decision. | Case | |
| MI - Cruelty - Chapter 750. Michigan Penal Code. | M. C. L. A. 750.51 | MI ST 750.51 | This Michigan law provides that no railroad company shall permit the confinement of animals in railroad cars for longer than 36 consecutive hours without unloading for rest, water, and feeding of at least 5 consecutive hours unless prevented by a storm, or other "accidental causes." Any company, owner or custodian of such animals, who does not comply with the provisions of this section, can be fined between $100 and $500 for each and every such offense. However, when animals are carried in cars where they have proper food, water, space and opportunity for rest, the provisions of this section that require unloading do not apply. | Statute | |
| HI - Endangered Species - Chapter 195D. Conservation of Aquatic Life, Wildlife, and Land Plants | H R S § 195D-1 - 32 | HI ST § 195D-1 to 32 | Hawaii endangered species law prohibits any taking, transport or commerce in designated species. It further outlines conservation programs that mandate continued research on listed species. Broad arrest and search and seizure provisions are given to law enforcement officials to enforce these acts. Violation of the regulations result in a misdemeanor conviction with both criminal fines and administrative fines that graduate for subsequent convictions. | Statute |