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Displaying 21 - 30 of 6638
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| OK - Research - Chapter 13. Use of Unclaimed Animals for Scientific Investigation and Education. | 4 Okl. St. Ann. § 391 - 402 | OK ST T. 4 § 391 - 402 | These Oklahoma statutes provide the rules for scientific or medical research facilities that use animals obtained from animal shelters or dog pounds. Among the provisions are licensing procedures, inspection requirements, municipal ordinance requirements relating to duration that animals must first be impounded, and a provision specifying that anyone who fails to undertake the duties required by the act is subject to a misdemeanor. Notably, a municipality must provide that an owner of an animal who voluntarily delivers it to a public pound has the right to specify that it not be used for scientific research; it shall be the duty of the pound superintendent to tag such animal properly and to make certain that such animal is not delivered to an institution for scientific purposes. However, institution is immune from liability resulting from an improper delivery to such an institution. | Statute | |
| Stephens v. State | Stephans v. State, 3 So. 458 (Miss. 1887) (Arnold J. plurality). |
The Mississippi Cruelty to Animal statute was applied to the Defendant who killed several hogs that were eating his crops. The lower court refused to instruct the Jury that they should find him not guilty, if they believed that he killed the hogs while depredating on his crop and to protect it, and not out of a spirit of cruelty to the animals. The Supreme Court of Mississippi found it to be an error by the court to refuse to give such instructions because if the defendant was not actuated by a spirit of cruelty, or a disposition to inflict unnecessary pain and suffering, he was not guilty under the statute. |
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| Frank v. Animal Haven, Inc. | 107 A.D.3d 574 (N.Y.A.D. 1 Dept.,2013.) | 967 N.Y.S.2d 370, 2013 N.Y. Slip Op. 04711 |
Plaintiff was bitten by the dog that she adopted from Animal Haven, Inc. and sued that entity for personal injuries stemming from the bite. In affirming the decision to dismiss the complaint, this court noted that the adopting parties signed a contract a the time of adoption where they undertook a "lifetime commitment" for the responsible care of the dog. While the contract stipulated that Animal Haven had the right to have the dog returned if the plaintiff breached the contract, this did not reserve a right of ownership of the dog. Further, the contract also explicitly relieved Animal Haven of liability once the dog was in the possession of the adoptive parties. |
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| US - Endangered Species - Subpart I - Interagency Cooperation | 50 C.F.R. § 17.94 | This section of the ESA regulations provides that all federal agencies must insure that any action authorized, funded, or carried out by them is not likely to result in the destruction or adverse modification of the constituent elements essential to the conservation of the listed species within these defined Critical Habitats. It also gives greater definition of what constitutes "Critical Habitat" and how agencies and interested parties can locate the boundaries of specified critical habitats. | Administrative | ||
| Argentina - Wildlife - Decreto 666, 1997 | Decreto 666, 1997 | This “Decreto” regulates Law No. 22,421, relating to the law for conservation of wildlife, emphasizing the management powers of the national enforcement authority, through the Secretariat of Natural Resources and Sustainable Development. This regulatory decree also regulates the practice of hunting and creates the National Registry of Hunters. The National Registry of Hunters deals in: sport hunting, commercial hunting, hunting with scientific or educational purposes, and hunting for control of harmful species. Other topics that Decreto 666 regulates include: sanctuaries, breeding stations for wildlife, import, export and interprovincial trade of wildlife and byproducts. In the latter, it is mandatory to register in the corresponding registry of the Ministry of Environment and Sustainable Development and to keep books that record the movement of such animals and products. It is also mandatory to supply the reports that are required and to facilitate access at all times of the authorized officials for inspection and control. The law created the Advisory Commission for Wildlife and its Habitat to propose solutions to problems relating to the sustainable use of wild fauna. The Ministry of Environment and Sustainable Development is the authority of enforcement with national scope. Its responsibility is to classify the wild fauna species, to set the corresponding tariffs for the registry of sport hunting, among other responsibilities. The National Service of health and agro-food quality (SENASA) is in charge of the sanitary control of wildlife subject to national and international trade. | Statute | ||
| TN - Ecoterrorism - Part 8. Farm Animal and Research Facilities Protection | T. C. A. § 39-14-801 - 806 | TN ST § 39-14-801 - 806 | This chapter comprises the Tennessee Farm Animal and Research Facilities Protection Act. A person commits an offense if, without consent, the person exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property and to disrupt the enterprise conducted at the animal facility. Other offenses include destruction of property, including freeing of animals located there, or entering an animal facility with the intent to disrupt or damage the enterprise or its property. A violation is a Class C felony if the person exercises control over the facility or the damage is $500 or more. A violation is a Class B misdemeanor if the damage is less than $500 or the person illegally enters the facility with intent to damage it. Any person who has been damaged by reason of a violation of this part may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing the damage. | Statute | |
| NH - Equine Activity Liability - Chapter 508. Limitation of Actions. | N.H. Rev. Stat. § 508:19 | NH ST § 508:19 | This New Hampshire statute provides that an equine activity sponsor, an equine professional, or any other person engaged in an equine activity, shall not be liable for an injury or the death of a participant resulting from the inherent risks of equine activities. However, liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. The statute also sets out several definitions and specifically states that the term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator is in an unauthorized area and in immediate proximity to the equine activity. | Statute | |
| Muela v. Gomez | 343 S.W.3d 491 (Tex.App.-El Paso, 2011) | 2011 WL 648940 (Tex.App.-El Paso) |
Defendant Samuel Muela appeals a judgment for damages in the amount of $30,279.45 after plaintiff was attacked by a pit bull. Samuel contends that the evidence is legally insufficient to establish that he owned or possessed the pit bull and thus had no knowledge of its vicious propensities. The court concluded that there is no evidence that Samuel lived at his parents' trailer or owned the pit bull. Additionally, while Samuel did visit his parents' house to feed their pet dog, there was no direct evidence that he had ever seen the pit bull or knew of it. The court reversed and rendered judgment that Gomez take nothing against Samuel. |
Case | |
| State v. Taffet (unpublished) | Not Reported in A.2d, 2010 WL 771954 (N.J.Super.A.D.) |
The State of New Jersey, through the Borough of Haddonfield, appeals from the final judgment of the Law Division, which reversed the finding of the municipal court that defendant's dog is a potentially dangerous dog pursuant to N.J.S.A. 4:19-23(a) as well as the imposition of certain measures to mitigate any future attacks. Defendant, a resident of Haddonfield, owns, breeds, and shows four Rhodesian Ridgebacks kept at his home in a residential neighborhood. The Superior Court concluded that the Law Division's did not properly defer to the trial court's credibility determinations and were not supported by sufficient credible evidence. The court found that the dog's dual attacks causing bodily injury to two individuals were undisputed, and along with evidence of more recent intimidating activity in the neighborhood, the municipal court could have reasonably concluded that the dog posed a more serious threat to cause bodily injury to another.
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| Colombia - Cruelty - LEY 05, 1972 | Ley 05 de 1972 | This statute creates and regulates the creation of the Boards for Animal Defense. These boards, once legally constituted, become legal persons, with their main goal to raise awareness and educate the community about respect towards animals and animal protection through educational programs. Ley 5, 1972, establishes the creation of these boards as mandatory in all the municipalities in the country, as well as fines and arrests for those who are found responsible for committing cruel acts towards animals. At the same time, it establishes that the police have a duty to assist the Animal Defense Boards in the fulfillment of their goals. These boards are integrated by the Mayor or his/her delegate; the Parish Priest or his slender; the Municipal Representative or his/her delegate; a representative of the Secretary of Agriculture and Livestock of the respective Department; and a delegate chosen by the directives of the local schools. With the creation of these boards, the law seeks to promote educational campaigns that “tend to awaken the spirit of love towards animals that are useful to humans and to avoid cruel acts and unjustified mistreatment and abandonment of such animals." | Statute |