Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| WI - Trust - 701.0408 Trust care for an animal | W.S.A. 701.1110; 701.0402; 701.0408 | WI ST 701.1110; 701.0402; 701.0408 | This statute represents Wisconsin's pet trust law. The former law was not a specific pet trust law, but the new law is. The new provisions allows for a trust to be created for the care of an animal alive during the settlor's lifetime. | Statute | |
| VA - Restaurants, animals - 2 VAC 5-585-3310. Prohibiting animals. | 2 VA ADC 5-585-3310 | 2 VAC 5-585-3310 | This Virginia regulation states that dogs may be allowed in outdoor dining areas if: (1) the outdoor dining area is not enclosed with floor-to-ceiling walls; (2) there is a separate entrance; (3) there is a sign at the main entrance stating that dogs are allowed in the outdoor dining area that is easily observable by the public; (3) food and water provided to dogs is served using equipment not used for human food service or is put in single-use receptacles; (4) dogs are not allowed to sit on chairs, benches, seats, or tables; (5) dogs are kept on a leash or within a pet carrier and under the control of adults at all times; (6) the establishment provides a means for picking up dog messes; and (7) there is a sign outlining some of these requirements observable to the public. | Administrative | |
| RI - Ordinances - § 4-13-3. Prior ordinances preserved | Gen. Laws, 1956, § 4-13-3 | RI ST § 4-13-3 | This Rhode Island statute provides that nothing in the state laws concerning dogs shall be construed as to repeal any ordinance concerning dogs, which has been passed by any town or city council. | Statute | |
| Dempsey v. Rosenthal | 121 Misc.2d 612 (N.Y. 1983) | 468 N.Y.S.2d 441, 37 UCC Rep.Serv. 1091 |
A buyer of a poodle brought an action against a kennel, seeking to recover purchase price on ground that poodle was "defective" due to an undescended testicle. The buyer argued that the kennel had breached implied warranty of merchantability and fitness for a particular purpose. The Civil Court of the City of New York held that since the contract of sale did not exclude or modify implied warranty of merchantability, it carried with it such a warranty. In light of this, the poodle was not a merchantable good because a poodle with an undescended testicle would not pass without objection in the trade. Further, the kennel breached the warranty of fitness for a particular purpose since the kennel was aware that the buyer wanted a dog for breeding purposes. This case is also significant because the court also held that a buyer's opportunity to examine the dog when purchasing it does not defeat a warranty claim. Indeed, the type of examination would not be undertaken by a casual buyer of a male puppy. The court allowed buyer to revoke her acceptance of the dog and receive her purchase price. |
Case | |
| NC - Fur/Dealer Licenses - Chapter 113. Conservation and Development. | N.C.G.S.A. § 113-273 | NC ST § 113-273 | Defines "dealer" and all rules applicable to obtaining a dealer license. Defines "fur-dealer license" and "fur dealers" as those involved in the lawful buying and selling of wild animals or their skins, pelts, or fur. Defines "controlled hunting preserve operator licenses," "game bird propagation licenses," "furbearer propagation licenses" and "taxidermy licenses." | Statute | |
| Williams v. McMahan | 2002 WL 242538 (Wa. 2002) | 110 Wash.App. 1031 (2002) |
The plaintiff sued for damages as a result of the wrongful spaying of her purebred dog, which she intended to breed. The court found that damages should be measured by the fair market value of the dog. |
Case | |
| Newport v. Moran | 721 P.2d 465 (Or.App.,1986) | 80 Or.App. 71 (Or.App.,1986) |
In this Oregon case, an action was brought to recover damages for injuries after defendant's dog ran into plaintiff and knocked her down. The lower court entered a verdict against the defendant and she appealed. The Court of Appeals held that, after reviewing the evidence in the light most favorable to plaintiff, there was find no evidence that would put defendant on notice that the dog had a potentially dangerous propensity to run into people. Further, without some reason to foresee that the dog was likely to run into people, there was no common-law duty to confine the dog. The evidence also did not warrant submission of the case to the jury on the theory of negligence per se for violation of the dog control ordinance because this risk was not one anticipated by the ordinance. Reversed. |
Case | |
| US - Lacey Act - Chapter 53. Control of Illegally Taken Fish and Wildlife. | 16 USC 3371 - 3378 | The Lacey Act provides that it is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law whether in interstate or foreign commerce. All plants or animals taken in violation of the Act are subject to forfeiture as well as all vessels, vehicles, aircraft, and other equipment used in the process. | Statute | ||
| US - Air travel, service animals - Nondiscrimination on the Basis of Disability, Technical Assistance Manual | 2005 WL 1667262 (F.R.) |
This document responds to a Congressional mandate for the U.S. Department of Transportation to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations.
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Administrative | ||
| AL - Leash - When dogs permitted in areas; liability of owners of dogs at large in areas (wildlife management areas) | Ala. Code 1975 § 9-11-305 - 307 | AL ST § 9-11-305 to 307 | This Alabama statute provides that no dog shall be permitted except on leash within any wildlife management area except in accordance with the rules and regulations promulgated by the Commissioner of Conservation and Natural Resources. The owner of any dog at large within any wildlife management area shall be guilty of a misdemeanor. | Statute |