Statutes

Statute by category Citationsort descending Summary
US - Housing - FHA Definitions ( Section 705. Definitions) 29 USC 705(20)(B)

Sec. 504 provides the federal definition of "disability" (part 9) and "handicap" (part 20).

US - Housing - Section 504 of the Rehabilitation Act of 1973 29 USC 794

In the context of housing discrimination, this statute creates the rule that public housing authorities cannot deny housing to a disabled person solely because of his or her disability, and that if a reasonable accommodation can be made to make housing available to a disabled person, the landlord is required to make the accommodation. To establish a prima facie case of housing discrimination, the tenant must establish four elements: (1) tenant is an individual with a disability; (2) tenant is "otherwise qualified" to receive the benefit; (3) tenant was denied the benefit of the program solely by reason of his or her disability; and (4) the program receives federal financial assistance.

ME - Transport - § 2087. Transporting dogs in open vehicle regulated 29-A M. R. S. A. § 2087 This Maine law regulates the transporting of dogs in open vehicles (like pick-up trucks or convertibles). Under the law, a person driving an open vehicle may not transport a dog in the open portion of that vehicle on a public way unless the dog is protected in a manner that prevents the dog from falling or jumping or being thrown from the vehicle. The law excludes transportation of a dog by a farmer engaged in agricultural activities involving the dog or a hunting dog that is between transported between hunting sites by a licensed hunter.
DE - Exotic Pets - CHAPTER 72. POSSESSION OF MAMMALS OR REPTILES EXOTIC TO DELAWARE 3 Del.C. § 7201 - 7203

This Delaware law requires a permit to possess, sell, or import any non-native wild animal. No such permits will be granted for non-native venomous snakes.

DE - Rabies - Subchapter I. Rabies Control in Animal and Human Populations 3 Del.C. § 8201 - 8213

The purpose of this chapter is to control and suppress the spread of rabies among the domestic and wild animal populations of Delaware. Any person owning a dog 6 months of age or older in this State shall have that dog vaccinated against rabies by a veterinarian. Any person owning a cat 6 months of age or older in this State shall have the cat vaccinated against rabies by a veterinarian. Any person owning a ferret 6 months of age or older in this State shall have the ferret vaccinated against rabies by a veterinarian.

PA - Euthanasia - The Animal Destruction Method Authorization Law 3 P.S. § 328.101 - 3 P.S. § 328.1101

This Pennsylvania statute provides the prohibited and authorized methods to kill or "destroy" animals within the state. The statute provides a different method for small domestic animals and also specifies which state operations and entities are excluded from following the methods as described under the statute. The statute also specifies the fines and civil penalties for violation of the statute.

PA - Rabies - Chapter 7A. Rabies Prevention and Control in Domestic Animals and Wildlife Act 3 P.S. § 455.1 - 12

This chapter is known as the Rabies Prevention and Control in Domestic Animals and Wildlife Act. Every person living in the Commonwealth of Pennsylvania, who owns or keeps a dog or cat over three months of age, must have that dog or cat to be vaccinated against rabies. A person who violates any provision of this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine not exceeding $300 for each violation. Each day of violation constitutes a separate offense.

PA - Dog Law - Chapter 8. Dogs (consolidated dog laws) 3 P.S. § 459-101 - 1205; 3 P.S. § 501, 531 - 532, 550 - 551; 34 Pa.C.S.A. § 2381 - 2386; 34 Pa.C.S.A. § 2928, 2941 - 2945

These statutes represent Pennsylvania's Dog Law, and contain provisions related to licensing, rabies quarantines, kennels, and the dangerous dog chapter.  The significant features of the law include a statewide control requirement for dogs (Section 305) and provisions for "dangerous dogs" (Section 501 et. seq.).  Under the latter, any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, including household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears a required license tag.  There is no liability on such persons in damages or otherwise for such killing.

PA - Assistance Animals - Assistance Animal/Guide Dog Laws 3 P.S. § 459-102, 217; 18 Pa.C.S.A. § 5535; 43 P.S. § 952, 953; 18 Pa.C.S.A. § 7325; 75 Pa.C.S.A. § 3549; 68 P.S. § 405.1 - 405.7

The following statutes comprise the state's relevant assistance animal and guide dog laws.

PA - Ordinances - § 459-1201. Applicability to cities of the first class, second class, second class A and third class 3 P.S. § 459-1201 This Pennsylvania statute provides that cities of the first and second class are not affected by state dog licensing programs; existing city-level programs remain in effect. With cities of the third class, certain provisions of the state article on dog licensing shall not apply if the city has established a licensing program by ordinance.
PA - Rabies - § 459-301. Quarantines 3 P.S. § 459-301

This Pennsylvania statute outlines the procedures and regulations relative to the state rabies quarantine procedure for dogs.  It also provides that any police officer or state dog warden may humanely kill any dog running at large in a rabies quarantined area without any liability for damages for such killing.

PA - Dangerous - § 459-507-A. Construction of article (dangerous dogs) 3 P.S. § 459-507-A

This Pennsylvania statute provides the construction of the dangerous dog chapter in the state.  It outlines the exceptions under the dangerous dog law as well as the enforcement procedure for one who is attacked by such dog.  It also specifically states that any provisions of local ordinances relating to dangerous dogs are hereby abrogated.  Further, a local ordinance otherwise dealing with dogs may not prohibit or otherwise limit a specific breed of dog.

PA - Dog - § 550. General immunity from noise 3 P.S. § 550

This Pennsylvania statute provides that a ll owners and operators of dog training and special retriever training areas licensed by the Pennsylvania Game Commission shall be exempt and immune from any civil action or criminal prosecution in any manner relating to noise provided they were and remain in compliance with any applicable noise control laws or ordinances at the time the permit for establishment of the training area was authorized.

PA - Kennels - § 551. Nuisances and injunction 3 P.S. § 551

This Pennsylvania statute provides that the owners or operators of licensed dog training areas shall not be subject to any action for nuisance, and no court in this Commonwealth shall enjoin the use or operation of training areas on the basis of noise or noise pollution, provided that the owners were and remain in compliance with any applicable noise control laws or ordinances at the time the permit for establishment of the training areas was authorized.

PA - Humane Slaughter - Slaughter and Processing of Domestic Animals 3 Pa.C.S.A. § 2361 - 2362

These laws comprise Pennsylvania's humane slaughter provisions.  The section begins with the enabling statute that grants authority to the relevant state agency.  It then declares that humane methods shall be used in the handling of domestic animals for slaughter and in the actual bleeding and slaughter of domestic animals except in the cases of slaughter for ritual purposes or individual (e.g., non-commercial) consumption.  The law itself does not proscribe penalties for non-compliance (but such may be listed in departmental regulations).

Ley Nº 19.162, 1992 30529 This constitutes "The Meat Law." Establishes the compulsory system of classification of livestock and nomenclature of meat. It also regulates the operation of slaughterhouses, refrigerators, and establishments of the meat industry.
ME - Veterinary - Title 32. Professions and Occupations. 32 M. R. S. A. § 4851 - 4878

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

ME - Lost Property - Chapter 21. Lost Goods and Stray Beasts. 33 M. R. S. A. § 1051 - 1060

This section comprises Maine's Lost Goods and Stray Beasts Act.

PA - Endangered Species - Chapter 104. Wild Resource Conservation 34 Pa.C.S.A. § 2167; 34 Pa.C.S.A. § 2924; 34 Pa.C.S.A. § 925; 32 P.S. §§ 5301 - 14

This set of Pennsylvania laws comprises the state's endangered species provisions. Section 2167 makes it unlawful for any person to bring into or remove from this Commonwealth, or to possess, transport, capture or kill, or attempt, aid, abet or conspire to capture or kill, any wild bird or wild animal, or any part thereof, or the eggs of any wild bird, which are endangered or threatened species. It is the duty of every officer having authority to enforce this title to seize all wild birds or wild animals, or any part thereof, or the eggs of any wild bird, which have been declared endangered or threatened. Any commerce in endangered species is also prohibited. For a first violation, a person may have his or her hunting privileges revoked for 7 years. A second violation during that period may result in forfeiture of the privilege to hunt for 10 years. A third violation brings the forfeiture to 15 years.

PA - Hunting - § 2302. Interference with lawful taking of wildlife or other activities permitted by this title prohibited 34 Pa.C.S.A. § 2302

This reflects Pennsylvania's hunter harassment law. It is unlawful for another person at the location where the activity is taking place to intentionally obstruct or interfere with the lawful taking of wildlife or other activities permitted by this title. Violation of this section is a summary offense of the second degree. A person adversely affected by prohibited activities may bring an action to restrain such conduct and to recover damages.

PA - Furtaking - Subchapter D. Furtaking Regulations 34 Pa.C.S.A. § 2361 - 2364

These Pennsylvania statutes make it unlawful to take, kill, wound, capture or possess any furbearers except during open season and without a permit. It is also illegal to set traps closer than five feet from a den, use a pole trap, deadfall, poison, explosive, chemical, leg-hold trap with teeth on the jaws, to smoke out or dig out any den, to set or place a cage or box trap in the water, or use any trap unless tended every 36 hours and all animals are released or removed. A violation relating to bobcat or otter is a summary offense of the fourth degree; other violations are a summary offense of the fifth degree.

PA - Permits - Chapter 29. Special Licenses and Permits. Subchapter A. General Provisions. 34 Pa.C.S.A. § 2901 - 2908

This chapter of Pennsylvania laws allows the commission to issue permits to take wildlife. Among the permit categories include endangered or threatened species permits, wildlife menagerie, wildlife (exotic) dealer, and wildlife (exotic) possession permits. It is unlawful to exercise any of the privileges granted by a permit issued under this title without first securing the required permit.

PA - Exotic Pets - Subchapter D. Permits Relating to Wildlife; Chapter 147. Special Permits. Subchapter N. Exotic Wildlife Posse 34 Pa.C.S.A. § 2961 - 2965; 58 Pa. Code § 147.261 - 262

These Pennsylvania statutes represent the state's exotic pet laws. “Exotic wildlife" includes all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals. The commission may issue a permit to a person to act as an exotic wildlife dealer. No permit shall be granted by the commission until it is satisfied that the provisions for housing and caring for the exotic wildlife and protection for the public are proper and adequate and in accordance with the standards which may be established by regulations. It is unlawful to release any exotic wildlife into the wild, fail to exercise due care in safeguarding the public, or recklessly engage in conduct that places another person in danger of attack from exotic wildlife.

US - Patent - Patentability of Inventions and Grant of Patents 35 USC 103

The Patent Act governs the law of patents in the United States.  Currently, the Patent and Trademark Office functions to issue patents, for which genetically engineered animal species may legally be patented in the United States. For more, see the Topical Introduction to Genetic Engineering and Animals.

OK - Research - Chapter 13. Use of Unclaimed Animals for Scientific Investigation and Education. 4 Okl. St. Ann. § 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.

OK - Impound - § 394. Delivery of animals on demand--Municipal ordinances relating to impoundment and scientific research 4 Okl. St. Ann. § 394 This Oklahoma statute provides that, except as otherwise provided by municipal ordinance, it shall be the duty of the pound supervisor to deliver available impounded animals to licensed research facilities unless excepted by statute. Only dogs that have been impounded for a minimum of 15 days for a unlicensed dogs and 30 days days for licensed dogs and those dogs that were not voluntarily impounded by their owners on condition that they not be used for scientific research may be given to institutions.
OK - Dog bite - Oklahoma Dog Bite Laws 4 Okl. St. Ann. § 41 - 47

These statutes comprise Oklahoma's Dangerous Dog Laws.  The state imposes strict liability for dog bites; "the owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to be."  Further, any person may lawfully kill a dog who is chasing that person's livestock.  An owner of a dog that has been adjudged "dangerous" must register the dog, enclose the dog except when out on a leash with muzzle, and post $50,000 in liability insurance.  An owner who does not follow the provisions not only faces the confiscation of his or her dog, but may also be subject to a one-year misdemeanor.

OK - Ordinances - § 43. Counties over 200,000 population--Regulation and control of dogs running at large--Penalties 4 Okl. St. Ann. § 43 This Oklahoma statute provides that the board of county commissioners of any county with a population of two hundred thousand (200,000) or more may regulate or prohibit the running at large of dogs and may impound and dispose of such dogs. The board of county commissioners may also regulate and provide for taxing the owners and harborers of dogs, and authorize the humane killing or disposal of dogs, found at large, contrary to any ordinance regulating the same. Any person, firm or corporation who violates any rule or regulation made by such board of county commissioners under the authority of this act shall be guilty of a misdemeanor and shall be punished as provided by the laws of this state.
OK - Dangerous dog - § 44. Definitions 4 Okl. St. Ann. § 44

This Oklahoma statute provides the definitions related to dangerous dog laws in the state, including dangerous dog, potentially dangerous dog, severe injury, and owner, among others.

OK - Disaster - Care and Disposition of Disaster Animals Act 4 Okl. St. Ann. § 701 - 707

These statutes compose the Care and Disposition of Disaster Animals Act of Oklahoma. The Act describes where animals who are rescued from a disaster area should be held, how long the animals should be held for their owners, and also restricts disaster animals from being removed from the state. The statute also describes the penalties for knowingly removing disaster animals from the state including a civil fine of up to One Thousand Dollars ($1,000.00) per offense.

OK - Liens - § 193 to 201.11. Liens for Feeding, Grazing, Herding and Breeding. 4 Okl.St.Ann. § 193 to 201.11

This Oklahoma statute provides the requirements for obtaining a lien when employed in the feeding, grazing, or herding of any domestic animals within the state. The statute also describes both lawful and unlawful ways to use the lien once it is obtained.

OK - Breeder - Oklahoma Statutes Annotated. Title 4. Animals. Chapter 1A. Commercial Pet Breeders Act of 2012 4 Okl.St.Ann. § 30.1 - 30.16

This section comprises Oklahoma's Commercial Pet Breeders Act of 2012, now called the Commercial Pet Breeders and Animal Shelter Licensing Act. The law is now administered under the State Board of Agriculture. The high end of possible penalties for violations under the new act was increased to $10,000. The law requires a commercial breeders' directory be kept. The Board must post on its website the directory of commercial pet breeders who have been denied licensing, or whose licenses have been revoked.

OK - Disaster - Chapter 17. Care and Disposition of Disaster Animals Act 4 Okl.St.Ann. § 701 - 707

This chapter of laws deals with the holding and care of animals that are rescued from a disaster area. The animals that are rescued are kept for a certain amount of time depending on what type of disaster are they are taken from. During the holding period, the animal shelter is repsonsible for caring for the animal and making all necessary veterinarian decisions. Any violations relating to this chapter of laws may be enforced by the State Board of Agriculture.

PA - Equine - Chapter 13. Equine Activity. 4 P.S. § 601 - 606

These statutes comprise Pennsylvania's Equine Activity Act, which sent into effect on February 21, 2006. Under the law, liability for negligence shall only be barred where knowing voluntary assumption of risk is proven in a particular case. However, the Act provides immunity only where a sign that states, "You assume the risk of equine activities pursuant to Pennsylvania law," is conspicuously posted on the premises in two or more locations.

PA - Immunity - § 8331.1. Veterinary good Samaritan civil immunity 42 Pa.C.S.A. § 8331.1

In Pennsylvania, any licensed veterinarian who, in good faith, renders emergency care to any animal which such individual has discovered at the scene of an accident or emergency situation is not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care. This immunity does not, however, apply to acts or omissions intentionally designed to cause harm, or any grossly negligent acts or omissions that cause harm to the animal. It also does not apply where the owner of the animal is present and can be consulted as to the proposed action by the veterinarian.

US - Civil Rights - Civil Action for Deprivation of Civil Rights 42 U.S.C.A. 1983

This law is the primary means by which a person can bring a violation of a constitutional right. To prevail in a claim under section 1983, the plaintiff must meet two elements: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution. The statute provides immunity for persons operating under "color of law" acting in their official capacities.

US - Housing - Fair Housing. Subchapter I. Generally. Section 3602. Definitions. 42 U.S.C.A. 3601 - 3604 The following sections of the Fair Housing Act relate to "reasonable accommodations" for persons with a handicap or disability. In Section 3602, the definition of "handicap" includes a person with: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment, or (3) being regarded as having such an impairment. Section 3604 is the operative part of the law that makes it unlawful to discriminate because of a handicap in the sale or rental of a dwelling. Under subsection (3)(B), the law states that discrimination includes the refusal to make "reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling."
US - Disability - Americans with Disabilities Act (ADA) 42 U.S.C.A. § 12101, 12102, 12132; 2 U.S.C.A. § 1311

Following are excerpted sections from the Americans with Disabilities Act of 1990 that relate to assistance animals. Also included is § 1311 of the Civil Rights Act that defines discriminatory practices and outlines the remedies for such violations.

US - Chimpanzees - § 283m. Sanctuary system for surplus chimpanzees (CHIMP Act) 42 U.S.C.A. § 283m

This Act provides a system of sanctuaries to provide for the lifetime care of chimpanzees not needed for research that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government. The Act lists, among other things, requirements for the sanctuaries, criteria for "acceptable" chimpanzees, restrictions on further research of these chimpanzees, and establishment of contracts to entities providing care in the system. For more on the act, see Detailed Discussion of CHIMP Act

US - Pets Evacuation and Transportation Standards Act of 2006 - Chapter 68. Disaster Relief 42 U.S.C.A. § 5196 - 5196d

The FEMA Administrator is directed to develop emergency preparedness plans that take into account the needs of individuals with pets and service animals prior to, during, and following a major disaster or emergency. The Administrator must also ensure that state and local emergency preparedness plans take into account the needs of such individuals. The Administrator may make financial contributions to the States and local authorities for animal emergency preparedness purposes to accommodate people with pets and service animals.

US - Native American - American Indian Religious Freedom Act (AIFRA) 42 USC 1996

This act created an executive policy of respect for Native American religious ideas and practices.  While it does not create any substantive right of action by a Native American, AIFRA has been used substantiate claims against federal acts that infringe the exercise of Native American religions (policy affirmed by a 1994 executive order).  For discussion of federal Eagle Act, see Detailed Discussion .

US - Native American - RFRA (Religious Freedom Restoration Act) 42 USC 2000bb-1

RFRA provides that the government may not substantially burden an individual's free exercise of religion unless it is in furtherance of a compelling government interest and it is done through the least restrictive means.  For discussion of federal Eagle Act, see Detailed Discussion .

US - Environmental - National Environmental Policy Act of 1969 42 USC 4321 - 4370h

The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. To meet this requirement, federal agencies prepare a detailed statement known as an Environmental Impact Statement (EIS). EPA reviews and comments on EISs prepared by other federal agencies, maintains a national filing system for all EISs, and assures that its own actions comply with NEPA.

US - Grazing - Taylor Grazing Act 43 USC 315 - 315r

Statute empowers Secretary of the Interior to establish and oversee grazing districts on federal land via a system of permits.

US - Food Animal - Twenty Eight Hour Law 49 USC 80502

This Federal law addresses the transportation of animals, including those raised for food or in food production, across state lines. The statute provides that animals cannot be transported by "rail carrier, express carrier or common carrier" (except by air or water) for more than 28 consecutive hours without being unloaded for five hours for rest, water and food.

US - Air travel, disability - § 41705. Discrimination against handicapped individuals 49 USCA § 41705 The Air Carrier Access Act (ACAA) was enacted in 1986. The law prohibits discrimination by commercial airlines on the basis of disability. An individual is considered "disabled" if he or she (1) has a physical or mental impairment that substantially limits one or more major life activities.; (2) l has a record of such an impairment; or (3) is regarded as having such an impairment. This law requires that each complaint under this section are investigated and those data reviewed/reported. Regulations promulgated under the ACAA in 2008 set forth requirements for service brought animals aboard commercial flights.
IL - Ordinances - 5/24. Powers of municipalities and other political subdivisions to regulate dogs and other animals 510 I.L.C.S. 5/24

This Illinois statute provides that nothing in the Animal Control Act shall be held to limit the power of any municipality to prohibit animals from running at large, nor shall anything in this Act be construed to limit the power of any municipality to further control and regulate dogs, cats or other animals in such municipality or other political subdivision provided that no regulation or ordinance is specific to breed .

IL - Ordinances - 5/3. Appointment of administrator; 510 I.L.C.S. 5/3

This Illinois statute provides that the County Board Chairman with the consent of the County Board shall appoint an Administrator who may appoint as many Animal Control Wardens to aid him or her as authorized by the Board.  The Board is authorized by ordinance to require the registration and microchipping of dogs and cats and shall impose an individual animal and litter registration fee. All persons selling dogs or cats or keeping registries of dogs or cats shall cooperate and provide information to the Administrator as required by the Board.

IL - Ordinances - 5/5. Duties and powers 510 I.L.C.S. 5/5

This Illinois statute outlines the local animal control duties of the Administrator related to sterilization, humane education, rabies inoculation, stray control, impoundment, quarantine, and any other means deemed necessary, to control and prevent the spread of rabies and to exercise dog and cat overpopulation control.  It also states that counties may by ordinance determine the extent of the police powers that may be exercised by the Administrator, Deputy Administrators, and Animal Control Wardens and which powers shall pertain only to this Act.

IL - Ordinances - 5/7. Remittance of fees; Animal Control Fund; use of fund; self-insurance 510 I.L.C.S. 5/7

This Illinois statute provides that all registration fees collected shall be remitted the county Animal Control Fund. This fund shall be set up for the purpose of paying costs of the Animal Control Program.  This includes paying claims for loss of livestock or poultry and for other ordinance enacted measures, including the purchase of human rabies anti-serum, human vaccine, the cost for administration of serum or vaccine, minor medical care; paying the cost of stray dog control, impoundment, education on animal control and rabies; or any county or municipal ordinance as established by ordinance of the County Board. In 2013, the statute was amended to provide different provisions for how the fund shall be used for cities with 3 million or more people and for cities with less than 3 million people.

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