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Title Citation Alternate Citation Agency Citation Summary Type
MT - Ordinance - Chapter 23. Domestic Animal Control and Protection. MCA 7-23-2108 MT ST 7-23-2108 This Montana statute provides that the governing body of the county may regulate, restrain, or prohibit the running at large of dogs by the adoption of an ordinance which substantially complies with state law provisions related to licensing. Violation of an ordinance adopted is a misdemeanor. Additionally, the county governing body is authorized to impound, sell, kill, or otherwise destroy dogs found at large contrary to ordinances. Statute
Bacon (Litigation Guardian of) v. Ryan 1995 CarswellSask 540 [1996] 3 W.W.R. 215, 27 C.C.L.T. (2d) 308, 138 Sask. R. 297

The child plaintiff was bitten on the face by a pitbull owned by the defendants, requiring reconstructive surgery and two days hospitalization and causing permanent scarring. The dog had bitten the owner's young son two weeks earlier while he played near the dog's food dish'; they contemplated having the dog euthanized but decided against it. The plaintiff's mother had heard about the bite incident but brought her daughter of the same age as the owner's son to visit, placing her on the floor where the dog bit her shortly after. The judge held that the defendants knew of the dog's propensity to bite young children but kept it ''at their peril" (suggesting strict liability or scienter, which was not however mentioned); such fault was sufficient to make the owners 2/3 liable for the child's $12,000 plastic surgery costs, pain and mental anguish. The plaintiff's mother was held 1/ contributorily liable for letting her child visit and play on the floor near the dog, knowing of its propensity.

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State v. Johnson 628 P.2d 789 (Or. 1981) 52 Or.App. 651 (Or. 1981)

A defendant was convicted in district court of violating a city ordinance by keeping a vicious dog.  The Court of Appeals held that the word "trespasser" in the city ordinance was to be used in its ordinary context, that a child who rode his bicycle onto the defendant's driveway was a trespasser, that there were no issues of consent involved, and that the trespasser exception applied even to areas on the defendant's property where the dog was not under the owner's control.

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TX- Dangerous Animals - G. Caging Requirements and Standards for Dangerous Wild Animals. 25 TX ADC § 169.131, 132 25 TAC § 169.131, 132 This regulation establishes caging requirements and minimum standards of care for "dangerous wild animals," including: gorillas, chimpanzees, orangutans, baboons, lions, tigers, cheetahs, ocelots, cougars, leopards, jaguars, bobcats, lynxes, servals, caracals, hyenas, bears, coyotes, jackals, and all hybrids thereof. Administrative
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People v. Larson 885 N.E.2d 363 (Ill.App. 2008) 379 Ill.App.3d 642 (Ill.App. 2008) In December 2005, defendant Alan J. Larson was found guilty of possession of a firearm without a firearm owner's identification card and committing aggravated cruelty to an animal when he shot and killed the Larsons’ family dog Sinai in October 2004. Evidence included conflicting testimony among family members as to the disposition of the dog and whether he had a history of biting people, and a veterinarian who concluded that a gunshot to the brain was a conditionally acceptable method of euthanasia. Defendant appealed his conviction on the grounds that the aggravated-cruelty-to-an-animal statute was unconstitutionally vague because it fails to address how an owner could legally euthanize their own animal. The appellate court rejected this argument and affirmed defendant’s conviction. Case
NY - Property, theft - Chapter 69. Of the Consolidated Laws. McKinney's Agriculture and Markets Law § 366 NY AGRI & MKTS § 366 This New York statute provides that it is a crime to steal dogs, defined as: removing the collar, identification tag or any other identification by which the owner may be ascertained from any dog, cat or any other domestic animal; seizing or molesting any dog, while it is being held or led by any person or while it is properly muzzled or wearing a collar with an identification tag attached, except where such action is incidental to the enforcement of some law or regulation; or transporting any dog, not lawfully in his possession, for the purpose of killing or selling such dog. Statute
MI - Wildlife Conservation -Chapter 324. Natural Resources and Environmental Protection Act. M. C. L. A. 324.41101 - 41105 MI ST 324.41101 - 41105 These sections describe the regulatory powers of the Department of Natural Resources in issuing conservation orders protecting fish, game, and birds. Statute
Gorman v. Pierce County 176 Wash. App. 63, 307 P.3d 795 (2013) review denied, 179 Wash. 2d 1010, 316 P.3d 495 (2014) 2013 WL 4103314 (Wash. Ct. App. 2013)

After leaving a sliding glass door open for her service dog and her neighbor's dog, the plaintiff in this case was mauled by two pit bulls. Plaintiff sued the dogs' owners under a strict liability statute and the county for negligently responding to prior complaints about the dogs. At trial, a jury not only found all defendants guilty, but also found the plaintiff contributorily negligent.  Upon appeal, the court affirmed the judgment the lower court entered based on the jury verdict.  Chief Judge Worswick concurred in part and dissented in part.

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Zelman v. Cosentino 22 A.D.3d 486 (N.Y. 2005) 803 N.Y.S.2d 652 (2005)

A repairman was knocked over by a dog while working on a telephone line in the neighbor's yard.  The repairman brought claims against the dog's owner under under theories of strict liability and negligence.  The trial court granted summary judgment in favor of the dog's owner and the Court of Appeals affirmed.

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