Breeding or Puppy Mills

Displaying 81 - 90 of 159
Titlesort descending Summary
Muehlieb v. City of Philadelphia


In this case, the city of Philadelphia filed a suit against a homeowner seeking to restrain her from violating the health, housing and zoning provisions of city code by owning more than ten dogs.  On appeal, the homeowner challenged the local ordinance as being preempted by the state Dog Law.  The Commonwealth Court held that the state Dog Law, which permitted holder of private kennel class I license to house up to 50 animals did not preempt city's animal control law which set limit of 12 dogs, and the homeowner's housing of 20 dogs was a public nuisance that the city could enjoin.
Myanmar - Animal Welfare - Animal Health and Development Law
N.E. GA. PET RESCUE, INC. and DONALD L. GILBERT, plaintiffs v. ELBERT COUNTY, defendant


In this Georgia case, plaintiff ran a pet rescue out of his home. Defendant Elbert County enacted an ordinance effective in October 2005 that requires every owner or custodian of more than 15 dogs to obtain a kennel license from the Elbert County Animal Control Department. To obtain this license, the applicant must be ". . . accompanied by a written statement signed by the head of household of each residence located within 1,200 feet of the kennel or proposed location of the kennel, stating that said resident does not object to the location and operation of a kennel at said location or proposed location." Plaintiff was unable to obtain these signed statements. He then challenged the ordinance as unconstitutional and unenforceable because it conditions the granting of a license upon the completely arbitrary and subjective approval of neighbors and uses an unconstitutionally vague term ("head of household"). In the consent agreement between the parties, Elbert County agreed to stay enforcement of the ordinance and give plaintiff sufficient notice to again file injunctive relief if it chooses to amend the ordinance.
N.Y. Pet Welfare Ass'n, Inc. v. City of N.Y.

In 2015, New York City enacted a group of laws aimed at dealing with problems associated with the companion animal business in the city by regulating the sale of dogs and cats in pet shops. On the day the laws were to go into effect, the New York Pet Welfare Association (NYPWA) filed suit challenging two of the laws. The first law, the “Sourcing Law,” required that pet shops sell only animals acquired from breeders holding a Class A license issued under the federal Animal Welfare Act (AWA). The second law law, the “Spay/Neuter Law,” required that pet shops sterilize each animal before releasing it to a consumer. NYPWA argued that the Sourcing Law violated the “dormant” Commerce Clause and is preempted by the AWA, and that the Spay/Neuter Law is preempted by New York law. The district court dismissed NYPWA’s complaint and the 2nd Circuit Court of Appeals affirmed the district court’s decision. First, the 2nd Circuit determined that the Sourcing Law did not violate the Commerce Clause because it did not discriminate against interstate commerce. The 2nd Circuit found that the Sourcing Law may make it difficult for certain out of state breeders to sell to city shops, but so long as breeders from other states are allowed to sell in the city, then it is not considered to be discriminatory. Also, the 2nd Circuit found that NYPWA was unable to show that any incidental burden that the Sourcing Law placed on out of state breeders was excessive and therefore the law passed under the Pike Balancing test. Lastly, the 2nd Circuit determined that the Spay/Neuter Law was not preempted by New York Law because NYPWA failed to identify a single New York statute or case that suggests that the new law would be preempted in any way. As a result, the 2nd Circuit affirmed the district court’s ruling.
NE - Breeder - Chapter 18 - Commercial Dog and Cat Operator Inspection Regulations This set of Nebraska regulations implements the Commercial Dog and Cat Operator Inspection Act. All persons operating a boarding kennel, pet shop, animal control facility, animal rescue, animal shelter, or acting as a dealer or commercial dog or cat breeder shall have a valid license issued by the Department in accordance with the Act and these regulations.
NE - Dogs - Consolidated Dog Laws These Nebraska statutes comprise the state's dog laws. Among the provisions include the municipal authority to regulate dogs at large and licensing, rabies control, and dangerous dog laws. The set of laws relating to commercial pet dealers and breeders is also provided.
NH - Commercial breeders - art Agr 1704. Operating Standards Relative to Commercial Kennels These New Hampshire regulations address minimum standards at commercial animal facilities. The regulations cover general aspects (i.e., housing must be structurally sound and maintained in good repair) as well as more specific aspects related to indoor heating/cooling and ventilation requirements. The sizing and construction of primary enclosures and minimal feeding requirements are described.
NH - Kennel - CHAPTER 466. DOGS AND CATS. This New Hampshire statute outlines the provisions of dog group licenses (i.e., kennel licenses).
NH - Pet Shop - Chapter Agr 1700. Transfer of Animals and Birds. These rules establish standards for the regulation of animal health and welfare that are consistent with the pattern established in statute by the Legislature. Animal health regulation focuses on those conditions that pose a threat to public health, that would require regulatory intervention to protect the economy of the state, or both.
NJ - Pet Sales - Pet Purchase Protection Act This New Jersey Act protects pet purchasers who receive "defective" companion animals. A purchaser of a defective pet must have his or her pet examined by a veterinarian within 14 days of purchase to receive a refund or exchange. Alternatively, a buyer may retain the pet and be reimbursed for veterinary bills up to two times the cost of the dog or cat.

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