Statutes

Statute by category Citationsort descending Summary
RI - Spay/Neuter - Chapter 19. Animal Care. § 4-19-18. Penalties for violations Gen.Laws 1956, § 4-19-18 This Rhode Island statute provides that violations of Sec. 4-19-16, relating to the mandatory spay/neuter agreement from a licensed releasing agency. Violations of the written agreement executed pursuant to § 4-19-16 by an adopting party are punishable by a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($150) for the second offense and four hundred dollars ($400) for the third and subsequent offenses. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat.
RI - Cats - Chapter 22. Cat Identification Program and Chapter 24. Permit Program for Cats Gen.Laws 1956, § 4-22-1 - 10; § 4-24-1 - 13 These Rhode Island section is entitled the "Cat Identification Program." Under this law, cats are required to display some form of identification (tag, tattoo, etc.) in an effort to reduce the feral/stray cat problem. The law reduces the retention period for cats impounded without some form of identification.
RI - Pet Sales - Chapter 25. Pet Warranties--Dogs Gen.Laws 1956, § 4-25-1 to 10 This Rhode Island chapter enacted in 2007 created a remedy for purchasers who are sold dogs with disease or hereditary defects. Upon sale, a seller is required to give purchasers a written statement that gives the dog's breed, breeder, license number (if applicable), a record of inoculations, and a record of the dog's veterinary diagnoses and treatments. Both the seller and purchaser must sign and date a written statement from the seller that states that the dog either has not known disease, illness, or hereditary condition that adversely affects its health, or a statement that fully describes the diseases or conditions. A purchaser is entitled to relief from the seller after the purchase of a dog if within twenty (20) days after the purchase of the dog, a licensed veterinarian states in writing that the animal is suffering from or has died from an illness, disease or other defect adversely affecting the animal's health and that this condition existed in the dog on or before delivery to the purchaser, or within two (2) years after the purchase of the animal, a licensed veterinarian states in writing that the animal possesses or has died from a congenital or hereditary condition adversely affecting its health.
HI - Dog Bite - Chapter 142. Animals, Brands, and Fences. H R S § 142-74, 75 This Hawaii statute provides that the owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to prevent the recurrence of such incident. Whenever a dog has bitten a human being on at least two separate occasions (with no applicable exceptions), any person may bring an action against the owner of the dog. Each county may enact and enforce ordinances regulating persons who own, harbor, or keep any dog that has bitten, injured, or maimed a person. No ordinance enacted under this subsection shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that the ordinance shall not affect the civil liability of a person owning the offending dog.
HI - Dog - General Dog Provisions H R S § 143-1 - 20; H R S § 183D-65

This Hawaii statute provides the pertinent regulations for dogs in the state.  Included in its provisions are licensing, impoundment, seizure of loose or unlicensed dogs, and stray animals.  Of particular note is a provision that makes it unlawful for any officer to knowingly sell or give any impounded dog to any person, firm, corporation, association, medical college, or university for the purpose of animal experimentation.

HI - Impound - Chapter 143. Animals: Licenses and Regulations. H R S § 143-8 This Hawaii statute provides that, except where licensing requirements are dispensed with, every officer shall seize any unlicensed dog found running at large or found outside a sufficient enclosure even if within the immediate presence of its owner. The animal will then be confined at a pound for forty-eight hours whereupon it can be redeemed by the owner, sold, or humanely destroyed if not reclaimed. Each county council shall have the power to fix the impoundment fee for dogs.
HI - Importation, quarantine - Chapter 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import H R S § 150A-5 - 15

These laws concern the importation of animals, plants, and microorganisms into the State of Hawaii.

HI - Wildlife - Chapter 183D. Wildlife. H R S § 183D-1 - 66

These statutes comprise Hawaii's wildlife provisions.

HI - Hunting - Chapter 183D. Wildlife H R S § 183D-27.5

This law reflects Hawaii's hunter harassment provision. The law states that no person shall intentionally prevent or attempt to prevent the lawful taking of game by a licensed person. Such prohibited acts include placing oneself in the line of fire; creating a visual, aural, olfactory, or physical stimulus to affect the behavior of game to be taken; affecting the condition or placement of personal property used in the taking of animals; and obstructing a person's access where the person intends to lawfully take game. Violation of this law incurs a fine of $500, thirty days imprisonment, or both.

HI - Shark fins; prohibited - Chapter 188. Fishing Rights and Regulations. H R S § 188-40.7

Hawaii passed this law in 2010 prohibiting the sale, trade, or distribution of shark fins. Prior to July 1, 2011, any restaurant holding a valid certificate, permit, or license issued by the department of health may possess, sell, offer for sale, trade, or distribute shark fins possessed by that restaurant as of July 1, 2010 which are prepared for consumption. Any person violating this section or any rule adopted pursuant to this section incurs an administrative fine of not less than $5,000 and not more than $15,000 for first offense. The fine then increases to $15,000 - $35,000 for a second offense, and $35,000 - 50,000 or imprisonment for up to 1 year, or both, for a third or subsequent offense.

HI - Endangered Species - Chapter 195D. Conservation of Aquatic Life, Wildlife, and Land Plants H R S § 195D-1 - 32

Hawaii endangered species law prohibits any taking, transport or commerce in designated species.  It further outlines conservation programs that mandate continued research on listed species.  Broad arrest and search and seizure provisions are given to law enforcement officials to enforce these acts.  Violation of the regulations result in a misdemeanor conviction with both criminal fines and administrative fines that graduate for subsequent convictions.

HI - Vehicle - § 291C-124. Obstruction to driver's view or driving mechanism H R S § 291C-124 This Hawaii law states that no person shall hold in his or her lap or allow to be in the driver's immediate area any animal that interferes with the "driver's control over the driving mechanism of the vehicle."
HI - Therapy animals - [§ 323-51]. Animal therapy H R S § 323-51 This Hawaii law allows common household pets to be brought into long term health care facilities for the purpose of visiting patients. The institution can determine the rules for visitation. It also may require the animal owner o produce written documentation from a veterinarian attesting to the animal's good health.
HI - Veterinary - CHAPTER 471. VETERINARY MEDICINE. H R S § 471-1 - 16; H R S § 472-1 - 3

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.

HI - Trusts for domestic or pet animals. - CHAPTER 560. UNIFORM PROBATE CODE H R S § 560:7-501

This statute represents Hawaii's pet trust law.  The law provides that a pet trust is a valid purpose for a trust, and that such instruments are to be liberally construed to carry out the intent of the pet owner.  Extrinsic evidence is admissible to prove the transferor's intent.  Other aspects include an order for disbursement of remaining assets and a section that excludes these trusts from Hawaii's rule against perpetuities law.

HI - Domestic Violence - Chapter 586. Domestic Abuse Protective Orders H R S § 586-4

This law reflects Hawaii's provision for temporary restraining orders in cases of domestic abuse. The ex parte temporary restraining order may also enjoin or restrain both of the parties from taking, concealing, removing, threatening, physically abusing, or otherwise disposing of any animal identified to the court as belonging to a household, until further order of the court.

HI - Facility dog - [§ 621-30]. Use of a facility dog H R S § 621-30 This Hawaii law enacted in 2016 states that a court may permit the use of a facility dog in a judicial proceeding involving the testimony of a vulnerable witness (as defined) if the court determines that there is a compelling necessity for the use of a facility dog to facilitate the testimony of the vulnerable witness. Prior to use, the moving party must establish that the dog is credentialed; the dog is adequately insured; and that there is a relationship between the witness and the facility dog.
HI - Dog Bite - CHAPTER 663. TORT ACTIONS. H R S § 663-9 - § 663-9.1 This statute represents Hawaii's relevant dog bite law. Under the statute, an owner or harborer of an animal is strictly liable for personal or property damage to any person, regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal.
HI - Equine Activity Liability Statute H R S § 663B-1, B-2

Hawaii is unique in how it treats liability for injuries incurred during equine activities.  The relevant section provides that, in any civil action for injury, loss, damage, or death of an equine participant, there shall be a rebuttable presumption that the injury, loss, damage, or death was not caused by the negligence of an equine activity sponsor, equine professional, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk and unpredictable nature of the equine.  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 or 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. 

HI - Cruelty - Consolidated Cruelty Laws (Chapter 711) H R S § 711-1100 to 1110.5

Under this set of Hawaii laws, a person commits the misdemeanor offense of cruelty to animals if the person intentionally, knowingly, or recklessly overdrives, overloads, tortures, torments, cruelly beats or starves any animal, deprives a pet animal of necessary sustenance, mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests, or engages in animal fighting enterprises.  Dog fighting constitutes a felony where the person owns or trains the dog to fight.  The section has enhanced penalties for cruelty to guide or service animals or interference with their duties.

HI - Assistance Animal - Assistance Animal/Guide Dog Laws H R S § 711-1109.4; § 711-1109.5; § 143-4; § 347-2.5 - 20; § 489-1 - 9; § 142-5.5

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

MS - Initiatives - HCR 30, Establish the Right to Hunt, Fish and Harvest Wildlife as a Constitutional Right HCR 30 (2014) This 2014 proposed legislative referendum would establish the right to hunt and fish in the state. "Section 12A. The people have the right to hunt, fish and harvest wildlife, including by the use of traditional methods, subject only to laws and regulations that promote wildlife conservation and management and that preserve the future of hunting and fishing, as the Legislature may prescribe by general law. Public hunting and fishing shall be a preferred means of managing and controlling wildlife. This section may not be construed to modify any provision of law relating to trespass, property rights, the regulation of commercial activities or the maintenance of levees pursuant to Article 11."
ID - Initiatives - HJR2 (right to hunt) HJR2 (2012) This proposed amendment would provide that the rights to hunt, fish and trap are a valued part of Idaho's heritage and would preserve these rights for the people of Idaho and manage these rights through the laws of the state. This amendment specifies that hunting, fishing and trapping shall be a preferred means of managing wildlife. This amendment does not create a right to trespass or affect rights to divert or appropriate water. This amendment also will not prevent the suspension or revocation of licenses issued by the state for hunting, fishing or trapping. The measure was passed by 73.4% of voters.
MI - Cruelty - Legislative Analysis HOUSE BILLS 4550-4552 (legislative analysis)

This document is the legislative analysis for House Bills 4551 and 4552. The bills (now law) amend the penal laws (MCL 750.50) to revise the penalties for harming animals and allow for consecutive sentencing.  Both bills would exempt veterinarians and veterinarian technicians from the prohibitions and penalties when lawfully engaging in the practice of veterinarian medicine. Under the new law, a court could order a term of imprisonment imposed for a violation prohibited under the bills to be served consecutively to a term of imprisonment imposed for any other crime including any other violation of law arising out of the same transaction. 

US - AWA - 1970 Amendments to AWA, House Report No. 91-1651 House Report No. 91-1651

By 1970 it was apparent that changes in the law would be required if the goal of humane treatment of animals was to be realized. There were four areas of significant change to the AWA in the 1970 amendments (definition of animal, expansion of who is subject to AWA, laboratory practices, and enforcement).

HI - Disaster; Accomodations for Pets - Chapter 128. Civil Defense and Emergency Act. HRS § 128-10.5 - §§ 128-1 to 128-34. Repealed by Laws 2014, ch. 111, § 24, eff. July 1, 2014

Repealed by Laws 2014, ch. 111, § 24, eff. July 1, 2014. The repealed laws stated that the governor was to prescribe rules to establish criteria, requirements, conditions, and limitations for providing accommodations to shelter pet animals. The director of civil defense was to identify public and private shelters that are suitable to shelter pets.

HI - Lien - § 507-1. Animals, lien for care of HRS § 507-1, 507-2, 507-3 Whoever pastures, feeds, or shelters animals by virtue of a contract with or by the consent of the owner of the animals for a compensation agreed upon, has a lien on the animals for pasturing, feeding, or sheltering to secure payment thereof with costs.
MT - Initiative - I-177, Initiative to Prohibit Trapping and Snaring of Animals (2016) I-177 (2016) Initiative 177 is a law proposed by initiative petition (cited in the law as "Montana Trap-Free Public Lands Act"). According to the official summary, "I- 177 generally prohibits the use of traps and snares for animals on any public lands within Montana and establishes misdemeanor criminal penalties for violations of the trapping prohibitions. I-177 allows the Montana Department of Fish, Wildlife, and Parks to use certain traps on public land when necessary if nonlethal methods have been tried and found ineffective. I-177 allows trapping by public employees and their agents to protect public health and safety, protect livestock and property, or conduct specified scientific and wildlife management activities. I-177, if passed by the electorate, will become effective immediately." A "yes" vote is in favor of the law that would prohibit the use of traps and snares on state public lands. A "no" vote is a vote against the proposed law that would prohibit the public from placing traps and snares on public lands.
IA - Pet Shop - Chapter 162. Care of Animals in Commercial Establishments. I. C. A. § 162.1 to 25 The purpose of this chapter is to insure that all dogs and cats handled by boarding kennels, commercial kennels, commercial breeders, dealers, and public auctions are provided with humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling, and treatment of such animals.
IA - Veterinary - Veterinary Practice Code I. C. A. § 169.1 - 56

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.

IA - Humane Slaughter - Meat and Poultry Inspection Act I. C. A. § 189A.1 - .22

This Iowa section, known as the Meat and Poultry Inspection Act, also contains the state's humane slaughter laws.  For purposes of this section an approved humane slaughtering method shall include and be limited to slaughter by shooting, electrical shock, captive bolt, or use of carbon dioxide gas prior to the animal being shackle hoisted, thrown, cast or cut (except for the ritual requirements proscribed by the Jewish or any other religious faith).  Any person who violates any provisions of this chapter for which no other criminal penalty is provided shall be guilty of a simple misdemeanor, which appears to include the humane slaughter provision.

IA - Assistance Animals - Assistance Animal/Guide Dog Laws I. C. A. § 216C.1 - 12; 321.333

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

IA - Ordinances - 331.381. Duties relating to services I. C. A. § 331.381 This Iowa statute states that the county board shall provide for the seizure, impoundment, and disposition of dogs in accordance with chapter 351.
IA - Dog - Iowa Dangerous Dog/General Dog Laws I. C. A. § 351.1 - 43; I. C. A. § 162.20; § 481A.22; § 481A.56 These Iowa statutes comprise the state's dog laws. With regard to damage done by dogs and dog bites, the owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury. Further, the law states that it shall be the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. The section also contains general rabies vaccination provisions and a prohibition on dogs running at large (results in impoundment).
IA - Dog as property - 351.25. Dog as property I. C. A. § 351.25 This Iowa statute distinguishes between licensed and unlicensed dogs. Specifically, it provides that all dogs under six months of age, and all dogs over said age and wearing a collar with a valid rabies vaccination tag attached to the collar, shall be deemed property. Dogs not provided with a rabies vaccination tag shall not be deemed property.
IA - Dog Licenses - 351.26. Right and duty to kill untagged dog I. C. A. § 351.26 This Iowa statute makes it lawful for any person to kill a dog that is required to wear a rabies vaccination tag and is found not wearing one. Further, it is the duty of all peace officers within their respective jurisdictions unless such jurisdiction has provided for the seizure and impoundment of dogs, to kill these untagged dogs.
IA - Dog License - 351.27. Right to kill tagged dog I. C. A. § 351.27 This Iowas statute makes it lawful for any person to kill a dog, wearing a collar with a rabies vaccination tag attached, when the dog is caught in the act of worrying, chasing, maiming, or killing any domestic animal or fowl, or when such dog is attacking or attempting to bite a person.
IA - Ordinances - 351.36. Enforcement I. C. A. § 351.36 This Iowa statute provides that local health and law enforcement officials shall enforce state provisions relating to vaccination and impoundment of dogs. It further states that such public officials shall not be responsible for any accident or disease of a dog resulting from the enforcement of the provisions of the sections.
IA - Impoundment - 351.37. Dogs running at large--impoundment--disposition I. C. A. § 351.37 This Iowa statute provides that a dog shall be impounded by a local board of health or law enforcement official if the dog is running at large and the dog is not wearing a valid rabies vaccination tag. The statute requires that written notice be sent to the owner (if the owner's name can be reasonably determined from a tag or other source) who then has seven days to redeem the dog before it is euthanized.
IA - Ordinances - Chapter 351. Dogs and Other Animals. I. C. A. § 351.41 This Iowa state provides that the chapter relating to state dogs running at large laws does not limit the power of any city or county to prohibit dogs and other animals from running at large, whether or not they have been vaccinated for rabies, and does not limit the power of any city or county to provide additional measures for the restriction of dogs and other animals for the control of rabies and for other purposes.
IA - Hunting, interference - 481A.125. Intentional interference with lawful hunting, fishing, or fur-harvesting I. C. A. § 481A.125 This law reflects Iowa's hunter harassment provision. Under the law, a person interferes with hunting, fish, or fur-harvesting activities when he or she: intentionally places him or herself in a location where his or her presence affects the behavior of the game thereby affecting the feasibility of taking the animal; intentionally creates a visual, aural, olfactory, or physical stimulus for the purpose of affecting the behavior of the animal to harass or obstruct the hunter; or alters the condition or placement of the hunter's personal property to obstruct that person. A first offense is a simple misdemeanor; a second or subsequent offense is a serious misdemeanor.
IA - Fur, traps - Chapter 481A. Wildlife Conservation. I. C. A. § 481A.92 A person cannot use colony traps for fur-bearing animals except for muskrats. Traps must be labeled with the user's name and address, and must be checked at least once every twenty-four hours, unless completely submerged under water. A person cannot use instruments such as chemicals or explosives to remove fur-bearing animals from their dens.
IA - Endangered Species - WILDLIFE CHAPTER 481B. ENDANGERED PLANTS AND WILDLIFE I. C. A. § 481B.1 - 10 Iowa law sets out the definitions related to endangered species. It also provides a list of prohibited acts related to these species, including any taking, transporting, purchasing or selling of the species or their parts. An exception is listed for damage to property or human life, provided a permit is secured first.
IA - Hunting, canned - 484B.4. Hunting preserve operator's license--application and license requirements I. C. A. § 484B.4

Under this Iowa statute, a person who owns or controls by lease or otherwise for five or more years, a contiguous tract of land having an area of not less than three hundred twenty acres, and who desires to establish a hunting preserve to propagate and sell game birds and their young or unhatched eggs, and shoot game birds and ungulates on the land, can apply to the state for an operator's license.   The commission reviews the application to determine, among other things, that allowance of the license is not detrimental to wildlife and does not interfere with migratory bird activity.

IA - Lost Property - Chapter 556F. Lost Property I. C. A. § 556F.1 - 18 This section comprises Iowa's Lost Property Act. The lost property provisions and procedures cover "any lost goods, money, bank notes, or other things of any description whatever, of the value of five dollars and over."
IA - Veterinary Liens - Chapter 581. Veterinarian's Lien I. C. A. § 581.1 - 4

This section of Iowa laws relates to veterinary liens related to treatment of livestock. A veterinarian shall have an agricultural lien as provided in section 554.9102 for the actual and reasonable value of treating livestock, including the cost of any product used and the actual and reasonable value of any professional service rendered by the veterinarian. In order to perfect the lien, the veterinarian must file a financing statement in the office of the secretary of state as provided. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species, ostriches, rheas, emus, poultry, or fish or shellfish.

IA - Trusts for Pets - Chapter 633A. Iowa Trust Code. I. C. A. § 633A.2101 - 2105 This Iowa statute allows for the creation of a trust for the continuing care of animal living at the settlor's death (note that actual text does not state "domestic" or "pet" animal). This type of trust, allowed generally through the provisions for lawful noncharitable trusts, is valid for up to twenty-one years, whether or not the terms of the trust contemplates a longer duration. The trust terminates when when no living animal is covered by its terms.
IA - Equine Activity Liability Statute - Chapter 673. Domesticated Animal Activities. I. C. A. § 673.1 - .5 This Iowa statute provides that a domesticated animal professional, sponsor, or exhibitor is not liable for the damages, injury, or death suffered by a participant or spectator resulting from the inherent risks of a domesticated animal activity. However, this section shall not apply to the extent that the claim for damages, injury, or death is caused by an act committed intentionally, recklessly, or while under the influence of an alcoholic beverage or other drug, the knowing use of faulty equipment or tack, the failure to notify a participant of a known dangerous latent condition on real property in which the defendant holds an interest, a domesticated animal activity which occurs in a place designated as a place for persons who are not participants to be present, or a domesticated animal activity which causes damages, injury, or death to a spectator who is in a place where a reasonable person would not expect a domesticated animal activity to occur. Not only does the statute require the displaying of warning signs alerting participants to the limitation of liability of the equine operators, but in cases where a written contract is executed, special provisions must be present on the contract.
IA - Cruelty - Chapter 717. Injury to Livestock I. C. A. § 717.1 - .7

Livestock were excluded from the definition of animal in Iowa's animal cruelty laws in 1994.  These sections deal exclusively with livestock and exempt practices consistent with customary farming practices.

IA - Ecoterrorism - Chapter 717A. Offenses Relating to Agricultural Production. I. C. A. § 717A.1 - 717A.4

This set of Iowa laws relates to interference with animal facility operations as well as crop operations (commonly known as "ecoterrorism"). Under the section, it is unlawful for a person, without consent, to destroy property of an animal facility or kill or injure an animal maintained there. It is also unlawful for a person to enter such a facility if the person has notice that it is not open to the public with intent to disrupt operations there. A person suffering damages from such actions at an animal facility can bring an action to recover damages, which includes an amount equaling three times all actual and consequential damages. Iowa has a specific section that makes it a class B felony to use pathogens with an intent to threaten the health of an animal or crop.

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