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Hood River County v. Mazzara |
In this Oregon case, the defendant appealed a conviction for violating Hood River County Ordinances (HRCO) under which the owner of a dog may not allow it "to become a public nuisance * * * " by "[d]isturb[ing] any person by frequent or prolonged noises[.]" (Her dog was reported to have barked for six straight hours.) The defendant argued that the ordinances are invalid as applied to her because ORS 30.935 immunizes farm practices from the application of local government ordinances. The defendant operated a farm with a herd of 60 cashmere and angora goats on land that bordered a national forest and used her dogs to keep predators at bay. The Court of Appeals noted that once defendant raised the defense of the right to farm practice, the county had the burden of disproving it, which it failed to do. Further, the trial court erred by disregarding uncontested facts that established defendant's immunity.
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Columbus v. Kim |
An Ohio dog owner was convicted in the Municipal Court, Franklin County, of harboring an unreasonably loud or disturbing animal as prohibited by city ordinance. On appeal to the Supreme Court, the owner contended that the term “unreasonable” in the ordinance “does not provide enough explanation to allow the average person to know what behavior is permissible.” The Supreme Court held that the ordinance was not unconstitutionally vague on its face, and was not unconstitutionally vague as applied.
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CO - Aurora - Chapter 14 - ANIMALS |
The following comprises Aurora, Colorado's animal-related ordinances. In addition to the standard ordinances dealing with number restrictions, at-large animals, barking dogs, and licensing, the city has two important provisions. First, the city makes it unlawful to own, possess or keep any dog, rabbit, or cat over the age of 6 months that has not been spayed or neutered (subject to some exceptions). Second, it is unlawful for any person to have, own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the city any pit bull or restricted breed of dog. "Restricted breeds" include any American Bulldog (Old Country Bulldog), Dogo Argentino, Canary Dog (Canary Island Dog, Presa Canario, Perro De Presa Canario), Presa Mallorquin (Pero De Presa Mallorquin, Ca De Bou), Tosa Inu (Tosa Fighting Dog, Japanese Fighting Dog, Japanese Mastiff), Cane Corso (Cane Di Macellaio, Sicilian Branchiero), Fila Brasileiro or any dog displaying the majority of physical traits of any one or more of the above breeds. |
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Canada - Dog, dangerous - Nova Scotia Municipal Government Act |
Certain sections (ss.175-179) of this Nova Scotia statute deal with dog ownership, and the consequences for failing to control a dog, or owning one who causes harm to people or property. |
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CA - Declaw, debark - § 1942.7. Conditions on occupancy based on declawing or devocalizing animals |
This California law prohibits any owner or property manager from advertising a requirement, refusing occupancy of, or otherwise requiring a prospective tenant to declaw or devocalize any animal allowed on the premises. A city attorney, district attorney, or other law enforcement prosecutorial entity has standing to enforce this section and may sue for declaratory relief or injunctive relief for a violation of this section. Violation results in a civil penalty of not more than $1,000. |
