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IL - Dogs - Consolidated Dog Laws |
These statutes comprise Illinois' dog laws. Among the provisions include the Animal Control Act, which regulates the licensing and control of dogs, the Diseased Animal Act, and the Humane Euthanasia in Animal Shelters Act. |
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IN - Cruelty - Consolidated Cruelty Statutes |
These Indiana statutes set forth the anti-cruelty laws. As used in this chapter, "animal" does not include a human being. Among the provisions include anti-neglect, anti-animal fighting, and anti-abuse provisions. A person having a vertebrate animal in the person's custody who recklessly, knowingly, or intentionally abandons or neglects the animal commits cruelty to an animal, a Class A misdemeanor. A person who knowingly or intentionally purchases or possesses an animal for the purpose of using the animal in an animal fighting contest commits a Level 6 felony. A person who knowingly or intentionally abuses a vertebrate animal commits cruelty to an animal, a Class A misdemeanor, which may become a Level 6 felony under described circumstances. |
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In re Capers' Estate |
In this Pennsylvania case, the testatrix directed in her will that her Irish setter dogs to be destroyed in a humane manner. The executors were unsure of what action to take and sought declaratory relief. In attempting to construe the testatrix's intent, the court found that she "evidently feared that either they would grieve for her or that no one would afford them the same affection and kindness that they received during her life." The court found that the intent of testatrix would be carried out if her two favored Irish setters were placed in an environment where they are given the same care and attention that she she gave them during her life. The final question the court grappled with was whether it was against public policy to hold valid a clause in a will directing the summary destruction of certain of decedent's property after her death. The court held that the clause was void as not being within the purview of the Wills Act of the Commonwealth of Pennsylvania, and being against the public policy of the Commonwealth of Pennsylvania.
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Justice for Animals, Inc. v. Lenoir County SPCA, Inc. |
An animal control facility's practice of euthanizing feral cats without holding them for 72 hours was challenged by a non-profit organization. The animal control facility's method for determining if a cat is feral consisted only of poking the animal and gaging its reaction. The trial court dismissed the claim, but the Court of Appeals reversed the decision.
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Justice for Animals, Inc. v. Robeson County |
Non-profit and advocate challenged the improper treatment/euthanasia of animals and complaint was dismissed. On appeal, the Court of Appeals held that the plaintiff's qualified as "aggrieved persons" within the statute, but that all administrative remedies were not sought. Affirmed.
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KS - Dogs - Consolidated Dog Laws |
These Kansas statutes comprise the state's dog laws. Among the provisions include licensing of dogs, specific laws that outline the care of dogs in kennel situations, and laws pertaining to dogs who endanger livestock. |
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KY - Dog Laws (also includes cats & ferrets) - Kentucky Consolidated Dog Laws (License, Impound, Bite, etc.) |
These Kentucky statutes comprise the state's Dog Laws, which were amended significantly in 2005. Included are all vaccination, licensing, animal control provisions, and the relevant dog bite statutes. Under Section 258.235, any person may kill or seize any dog which he sees in the act of pursuing or wounding any livestock, or wounding or killing poultry, or attacking human beings, whether or not such dog bears the license tag required by the provisions of this chapter. There shall be no liability on such person in damages or otherwise for killing, injuring from an attempt to kill, or for seizing the dog. That same section also comprises the state's new strict liability law for dog bites. Under Sec. 235(4), any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. |
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Lincecum v. Smith |
Despite "Good Samaritan" intent, the defendant was liable for conversion where he authorized a sick puppy's euthanasia without first making reasonable efforts to locate its owner. The court also awarded $50 for the puppy's replacement value and $100 for mental anguish and humiliation.
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Looking for a Good Home: Balancing Interests in the Disposition of Impounded Animals to Owners and Rescues |
This Article explores the scope of governmental authority to interfere with or terminate the property rights of pet owners in the interest of efficiency and effectiveness. Part I sets out the regulatory framework for local animal control programs, describing the process for handling and disposing of stray animals and the provisions designed to help reunite owners with their pets. Part II then turns to the issue of post-redemption ownership, discussing the recognized reach of the law and its limitations as well as the cases that have contemplated termination of an owner’s rights to a pet. Part III explores the policy reasons that support a clear demarcation of when ownership of an unclaimed, impounded animal should be established in the government, making possible a clear transfer of title from a public shelter to an adopter or transferee, and Part IV suggests means by which a local government might increase the possibility of reuniting an owner with a pet within the appropriate timeframe to avoid the conflicts created by late-redeeming owners. |
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Lost and Found: Humane Societies' Rights and Obligations Regarding Companion Animal Ownership |
This article discusses when ownership of a dog that is lost or relinquished by its owner transfers to an animal shelter. The shelter's property rights in a found animal vary depending on whether the animal is licensed or unlicensed, stray or abandoned. Each state has its own rules regarding how long a shelter must keep an animal before transferring ownership to a third party.
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