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California Veterinary Medical Ass'n v. City of West Hollywood |
This California case centers on an anti-cat declawing ordinance passed by the city of West Hollywood in 2003. On cross-motions for summary judgment the trial court concluded West Hollywood's anti-declawing ordinance was preempted by section 460 and entered judgment in favor of the CVMA, declaring the ordinance invalid and enjoining further enforcement. On appeal, however, this Court reversed, finding section 460 of the veterinary code does not preempt the ordinance. Although section 460 prohibits local legislation imposing separate and additional licensing requirements or other qualifications on individuals holding state licenses issued by agencies of the Department of Consumer Affairs (DCA), it does not preclude otherwise valid local regulation of the manner in which a business or profession is performed. |
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CALIFORNIA VETERINARY MEDICAL ASSOCIATION, Plaintiff & Respondent, v. City of West Hollywood, Defendant & Appellant |
This California action concerns the adoption of an ordinance in 2003 by the City of West Hollywood that prohibits the de-clawing of house cats. Amici Curiae Animal Legal Defense Fund ("ALDF" ), the Association of Veterinarians for Animal Rights (" A V AR" ), and the Paw Project submitted a brief to assist the Court in its determination of whether the ordinance at issue on this appeal legally prohibits non-therapeutic onychectomies (commonly known as " de-clawing") of domestic animals within the City of West Hollywood. The California Superior Court found that the Business and Professions Code section 460 preempts a municipal ordinance that attempts to regulate veterinarian procedures. The Amici contend that the CVMA examines only one section of the Code and disregards other sections that apply. Further, the amici find that the CVMA’s “. . . members have a pecuniary interest in performing the acts that the City has determined to be cruel.” On Friday, June 22, 2007, the Second District Court of Appeal in Los Angeles ruled 2-1 that a city can regulate the conduct of its professionals provided it does not prohibit procedures that state law expressly allows. |
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Cat Champion Corp. v. Jean Marie Primrose |
A woman had 11 cats which were in a state of neglect and were taken away from her and put with a cat protection agency. Criminal charges were dropped against the woman when it was found she was mentally ill and incapable of taking care of herself or her cats. The court found it could grant the cat protection agency ownership over the cats so they could be put up for adoption, even though the woman had not been criminal charged, and had not forfeited her cats.
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Cat Laws |
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Clark v. Cardinal Animal Care |
This is a complaint for veterinary malpractice. The cat had been checked in for a routine flea treatment. The cat ended up with a severe problem, which the veterinarian lied to the owner about. The veterinarian performed an unauthorized surgery on the cat. The cat died. |
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CO - Exotic - Article 81. Hybrid Animals |
This Colorado statute authorized the commissioner of the department of agriculture to appoint and convene an advisory group to study the behavior of hybrid canids (wolf hybrids) and felines, including a review of any incidents involving property damage and personal injury caused by such animals. The department was to present its findings and proposals for legislation in January of 1998. |
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Commonwealth v. Creighton |
In this Pennsylvania case, a cat owner challenged a local ordinance that limited the number of cats she could own at her residence (she owned 25 cats that were rescued "mousers" from factories; the ordinance limited ownership to 5).
The court noted that the preamble to the ordinance stated that pursuant to the Borough Code and "in the interest of preserving the public health, safety and general welfare of the residents ... [the Borough] desires to limit the number of dogs and cats kept by any one person and/or residence," but did not state what legitimate public health, safety and welfare goals the Borough sought to advance by enacting this ordinance. Thus, from
the information before the court, it could not say whether the Borough ordinance here was a reasonable means to effectuate a legitimate governmental goal.
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Community Cats: Changing the Legal Paradigm for the Management of So-Called “Pests” |
Recognizing that the science, policy, and law involving the different animal “pests” are unique, the approach to changing the traditional paradigm is largely the same. Although the debate continues surrounding free-roaming cats, the approach of cat advocates to turn the tide away from deeply entrenched lethal methods of animal control provides an interesting and useful case study on how to alter the political, scientific, and legal paradigm in favor of respecting animal life for all animals deemed “pests.” |
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CT - Feral Cats - § 22-339d. Municipal control of feral cats |
This Connecticut statute permits municipalities to adopt ordinances requiring registration of feral cat "keepers," defined as anyone who harbors or regularly feeds a feral cat. If a municipality enacts such an ordinance, the ordinance must require the keeper to sterilize the cat and have it vaccinated against rabies. The statute also enables municipalities to adopt ordinances holding cat owners and keepers responsible if their cats cause significant property damage or severe health violations. |
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Decision C-468-2024, Colombia |
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