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Title Citation Alternate Citation Summary Type
CO - Assistance Animals - Colorado Assistance Animal/Guide Dog Laws C. R. S. A. § 12-240-144; § 12-245-229; § 12-255-133; § 18-13-107, § 18-13-107.3, § 18-13-107.7; § 18-9-202; § 18-1.3-602; § 24-34-301; § 24-34-309; § 24-34-801 - 804; § 40-9-109; § 42-4-808 CO ST § 12-240-144; § 12-245-229; § 12-255-133; § 18-13-107, § 18-13-107.3, § 18-13-107.7; § 18-9-202; § 18-1.3-602; § 24-34-301; § 24-34-309; § 24-34-801 - 804; § 40-9-109; § 42-4-808 The following statutes comprise the state's relevant assistance animal and service animal laws. Statute
Sawh v. City of Lino Lakes 800 N.W.2d 663 (Minn.App.,2011) 2011 WL 2982992 (Minn.App.,2011)

The city council ordered the destruction of a dog after finding it to be a dangerous animal and the owner appealed. The Court of Appeals held that procedural due process required that the owner should have been given a meaningful opportunity to contest the declaration of the dog as a “potentially dangerous animal” before it was declared a “dangerous animal” under the city ordinance.

Case
U.S. v. Thomas 887 F.2d 1341 (9th Cir. 1989)

The issue in this case is whether Edward A. Thomas, a Montana hunting guide and outfitter, may be found guilty of conspiracy to violate the Lacey Act where the alleged object of the conspiracy was "to transport, receive and acquire elk in interstate commerce ... in violation of Montana state hunter's law."  The Court held that while a prosecution under the Lacey Act may not be sustained for the substantive acts of selling guiding services and hunting permits, an action can be maintained for conspiracies to violate the Act through these types of acts.  In this case, the underlying violations were acts of hunting with a transferred license or permit where the acts were allegedly committed by others.

Case
Derecho Animal Volume 4 Núm 2

Vol. 4 Núm. 2 (2013)

 

Tabla de contenidos

 

Editorial

 

Navigare necesse est

Teresa Giménez-Candela

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Policy
IN - Initiatives - Question 1, Right to Hunt and Fish Amendment Question 1 Question 1 is a legislatively referred constitutional amendment that appears on the 2016 general election ballot. The official summary states the following: "Provides that the right to hunt, fish, and harvest wildlife is a valued part of Indiana's heritage and shall be forever preserved for the public good. Provides that the people have a right, which includes the right to use traditional methods, to hunt, fish, and harvest wildlife, subject only to the laws prescribed by the general assembly and rules prescribed by virtue of the authority of the general assembly to: (1) promote wildlife conservation and management; and (2) preserve the future of hunting and fishing. Provides that hunting and fishing are the preferred means of managing and controlling wildlife. Provides that this constitutional amendment does not limit the application of any laws relating to trespass or property rights. This proposed amendment has been agreed to by one general assembly." A "yes" vote is in favor of such a constitutional amendment and a "no" vote is against amending the state constitution. Statute
GA - Endangered - Article 5. Protection of Endangered Wildlife Ga. Code Ann., § 27-3-130 to 133 GA ST §§ 27-3-130 to 133 These statutes provide for the definition of "protected" species and outline the duties of the board responsible for enforcing Georgia's endangered species law. Included in the Board's duties are inventorying and designating listed species and promulgating regulations. Violation of these regulations results in a misdemeanor. Statute
CA - Cruelty - Part 9. Societies for Prevention of Cruelty to Children and Animals. West's Ann. Cal. Corp. Code § 10400 - 10406 CA CORP § 10400 - 10406 This set of statutes outlines the rights and responsibilities of corporations that are formed for the prevention of cruelty to animals. Statute
Duncan v. State 975 N.E.2d 838 (Ct. App. Ind. 2012) 2012 WL 4470240 (Ct. App. Ind.)

A complaint regarding the welfare of horses led to the defendant being convicted of 6 charges of animal cruelty, all of which were class A misdemeanors. Upon appeal, the defendant argued that he had not knowingly waived his right to a jury trial, that Indiana’s animal cruelty law was unconstitutionally vague and that there was no sufficient evidence to overcome a defense of necessity. The appeals court agreed that the defendant did not knowingly waive his right to a jury trial and therefore reversed and remanded the case on that issue; however, the appeals court disagreed with the defendant on the other issues.  The case was affirmed in part, reversed in part, and remanded.

Case
IN RE: ERVIN STEBANE 47 Agric. Dec. 1264 (1988) 1988 WL 242938 (U.S.D.A.) Licensed dealer who engaged in recurring pattern of trivial noncompliance with housekeeping requirements, failed to provide records on two occasions and failed to permit inspection on one occasion, is properly sanctioned with 20-day license suspension, $1500 civil penalty, and cease and desist order. Case
Decision 09171-2015-0004-Ecuador-Do not publish Case

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