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FL - Cemetery Regulation - § 497.273. Cemetery companies; authorized functions |
This statute describes the services a cemetery may provide and whether the cemetery may provide those services exclusively. It prohibits the commingling of cremated animal remains with human remains, but allows the entombment of the cremated remains of the decedent's pet with the authorization of a legally authorized person. |
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GA - Cruelty - Chapter 11. Animal Protection |
The Georgia Animal Protection Act was passed in 2000 and provides for jail up to one year for general cruelty convictions and up to five years for an aggravated cruelty conviction. The judge is also allowed to order psychological counseling. The law also encompasses licensing provisions for kennels and impoundment provisions. |
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Giaconia v. Delaware County Soc. for the Prevention of Cruelty to Animals |
Plaintiff brought various claims against Defendants after Plaintiff’s cat was euthanized prior to the standard 72 hour waiting period.
On Defendants’ motion to dismiss, the United States District Court, E.D. Pennsylvania found that Defendants were not acting under color of law.
Because any and all claims for which the Court had original jurisdiction were being dismissed, the Court declined to exercise supplemental jurisdiction over Plaintiff’s State law claims.
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Greater Houston German Shepherd Dog Rescue, Inc. v. Lira |
A German Shepherd dog owned by the appellees escaped through an open garage door of the appellees' home. Animal control impounded the dog for violations of city ordinances. When the appellees did not redeem the dog, instead of being euthanized, animal control turned the dog over to a rescue society for adoption. The dog was then sterilized and micro chipped. After learning what happened, appellees made a request to transfer the dog to them. When they were refused, the appellees filed suit. The trial court ruled in favor of the appellees on their conversion cause of action and their requests for declaratory and injunctive relief, which ordered appellant to turn the dog over to the appellees. On appeal, the court held that since the appellees did not redeem the dog in compliance with city ordinances, they did not have an entitlement to the dog, which was required to establish a conversion claim. Further, since the rescue organization was a recognized city rescue partner, animal control could lawfully transfer the dog to the rescue organization. The court also held the ordinance setting forth an additional 30-day redemption period did not apply to owners. The appeals court therefore reversed the judgment of the trial court, rendered judgment that appellees take nothing, and remanded to the trial court for further proceedings consistent with this opinion, including an appropriate order restoring possession of the dog to appellant. |
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Greenway v. Northside Hosp., Inc. |
While completely disoriented at a hospital, the plaintiff was asked by deputies to sign a form releasing his two yellow labs to animal control in the event of the plaintiff's demise. The plaintiff was allegedly informed that if he did not die, he could retrieve his dogs in 7 to 10 days; he therefore signed the form without reading the terms. Later, the nurse informed him that his dogs had been euthanized and plaintiff filed suit. The trial court granted all of the defendants' motions for summary judgment, so the plaintiff appealed. The appellate court found an issue of material fact existed towards all defendants and therefore concluded that the trial court erred in granting all motions for summary judgment.
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Greenway v. Northside Hosp., Inc. |
While completely disoriented at a hospital, the plaintiff was asked by deputies to sign a form releasing his two yellow labs to animal control in the event of the plaintiff's demise. The plaintiff was allegedly informed that if he did not die, he could retrieve his dogs in 7 to 10 days; he therefore signed the form without reading the terms. Later, the nurse informed him that his dogs had been euthanized and plaintiff filed suit. The trial court granted all of the defendants' motions for summary judgment, so the plaintiff appealed. The appellate court found an issue of material fact existed towards all defendants and therefore concluded that the trial court erred in granting all motions for summary judgment.
This opinion was vacated and superseded by
Greenway v. Northside Hosp., Inc.,
730 S.E.2d 742 (Ga. App. 2012)
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Haggblom v. City of Dillingham |
This is an owner's appeal of the city order which ordered her dog be euthanized or banished from city limits because the dog bit a person without provocation. The order had been affirmed by the superior court and is now in front of the state Supreme Court. Haggblom argues that the ordinance is unconstitutional because it does not provide meaningful process, and is too vague because it does not explicitly offer the alternative of banishment from city limits. This court found that due process was satisfied and that the ordinance is constitutionally clear, and thus affirms the order. |
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IA - Breeders - Chapter 67 Animal Welfare |
The following Iowa regulations provide provisions that pet stores, kennels, pounds, and other animal housing facilities must follow in order to handle, transport, and care for animals. These regulations provide specific instructions for dog day cares and for breeding greyhound dogs. |
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ID - Dog License - Chapter 28. Dogs. |
This Idaho statute provides that once a county board adopts a measure, sixty (60) days from the date of the board's meeting at which this measure is adopted, it shall be the duty of the sheriff of the county to seize and impound all unlicensed dogs at large, excluding those located in a municipality that has enacted a dog license law. A dog impounded under this provision may be killed in a humane manner after 5 days after there has been a "reasonable effort" to locate the owner. |
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IL - Cruelty Generally - Consolidated Cruelty Statutes (Humane Care for Animals Act) |
This comprehensive Humane Care of Animals Act from Illinois gives the requisite anti-cruelty provisions. "Animal" means every living creature, domestic or wild, but does not include man. Notably, the Act includes a provisions for psychological counseling for a person convicted of violating this section. An individual is guilty of a Class B misdemeanor for the first offense and a second or subsequent violation is a Class 4 felony with every day that a violation continues constituting a separate offense. The Act includes special provisions for juveniles and "companion animal hoarders" (510 ILCS 70/2.10). The cruelty provisions are listed at 510 ILCS 70/3.01, 3.02, and 3.03. The statute also prohibits the marketing and distribution of depictions of animal torture or cruelty for entertainment purposes (510 ILCS 70/3.03-1). |
