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Town of Ogden v. Lavilla |
This matter involves an appeal of an order for euthanasia of respondent's dog. The Justice Court of the Town of Ogden found respondent's dog to be dangerous under Agriculture and Markets Law § 123 and ordered the dog to be euthanized. On appeal, the Supreme Court, Appellate Division, Fourth Department agreed with respondent that the lower court misapprehended and misapplied the law. The court found the power to apply the most drastic measure (euthanasia) under Section 123 is reserved for aggravating circumstances, namely a serious disfigurement. The court noted that emotional trauma is not a factor in determining whether a victim has been disfigured. In addition, the language of the law is permissive, not mandatory; even with aggravating circumstances, a court may direct other measures to keep the dog contained. The court noted that the lower court repeatedly misstated the law, saying it only had two options, euthanasia or permanent confinement. As a result, this court modified the by vacating that part affirming the order of the Justice Court insofar as it directed that respondent's dog be euthanized, and remitting to the Justice Court for a determination whether petitioner established the existence of an aggravating circumstance and for the imposition of remedial measures as permitted by statute. |
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UT - Impound - Chapter 46. Animal Welfare Act. Part 1. General Provisions |
Under this act, animal control officers must hold stray animals in safe and humane custody for a minimum of 5 business days prior to making any final disposition of the animal. A stray animal may be euthanized prior to the completion of the 5-day period to prevent unnecessary suffering due to serious injury or disease. |
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What Due Process Should be Provided to Dog Owners Before the Government can Remove or Euthanize Their Dogs? |
This article discusses what due process rights dog owners must receive before the government can remove or euthanize their dogs.
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Wheatley v. Towers |
Plaintiff's dog was picked up by animal control for running-at-large. The plaintiff expressed his intent to reclaim the dog but before doing so the holding period expired and the dog was euthanized. The plaintiff sued the veterinarian for conversion. The court held that the euthanasia was not conversion because the impoundment ordinance gave the animal shelter a right to euthanize the dog after the holding period expired.
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WI - Dog - Consolidated Dog Laws |
These Wisconsin statutes comprise the state's dog laws. Among the provisions include dog licensing provisions, hunting laws impacting dogs, and seizure of dogs by humane officers. |
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William v. Orange County Animal Control |
This involves a case where owners challenge validity of euthanasia order for "dangerous" dog. "Boo," a bullmastiff (large breed of dog), knocked down a child who had walked into his (the dog's) yard. The child accused dog of biting him. The Orange County Animal Control Department ordered that Boo be euthanized as a "vicious" and "dangerous" animal. The owners filed a Writ of Mandamus to delay the killing of the dog until their challenge could be heard in court.
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Wills & Trusts - Pet Animals: What Happens When Their Humans Die? |
(From article) This article chronicles the evolution of enforcing after-death gifts for the benefit of pet animals. Part II reviews the common law background. Part III details the wide variety of approaches adopted by United States courts, legislatures, and commentators. These approaches treat after-death gifts for pets in three basic categories: (1) invalid; (2) tolerated, but not enforceable; and (3) valid and enforceable. After establishing the current milieu in which a pet owner must function, Part IV recommends the steps an owner may take to maximize the chances of the pet receiving the desired care after the owner's death.
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WV - Dogs - Consolidated Dog Laws |
These West Virginia statutes comprise the state's dog laws. Among the provisions include registration requirements, rabies control, and hunting laws that impact dogs. |
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WY - Veterinary - Chapter 30. Veterinarians |
These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. |
