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Recchia v. City of Los Angeles Dep't of Animal Servs. |
Petitioner Recchia sued the City of Los Angeles and animal control officers for violations of the Fourth and Fourteenth Amendment and claims for state law tort violations. The claims arise from the 2011 warrantless seizure of Recchia's 20 birds (18 pigeons, one crow, and one seagull) kept in boxes and cages on the sidewalk where he lived (Recchia was homeless at the time). Animal control officers investigated Recchia after a complaint that a homeless man had birds at his campsite. Officers found cramped and dirty cages with several birds in "dire physical condition," although there is evidence the birds were in that condition before Recchia possessed them. After officers impounded the birds, a city veterinarian decided that all the pigeons needed to be euthanized due to concerns of pathogen transmission. Recchia discovered that the birds had been euthanized at his post-seizure hearing that was four days after impounded of the animals. At that hearing, the magistrate found the seizure was justified under the operative anti-neglect law (California Penal Code § 597.1(a)(1)). This § 1983 and state claim action followed. The district court adopted the magistrate judge's report and granted summary judgment for the defendants. On appeal, this court first examined whether the seizure of the healthy-looking birds was justified. The court held that hold that there was a genuine factual dispute about whether the healthy-looking birds posed any meaningful risk to other birds or humans at the time they were seized (it affirmed the dismissal as to the seizure of the birds that outwardly appeared sick/diseased). With regard to seizure of the birds without a pre-seizure hearing, the court applied the Matthews test to determine whether Recchia's rights were violated. Looking at the statute under which the birds were seized (Section 597.1), the court found that the law does afford adequate due process for Fourteenth Amendment purposes. As to other claims, the court granted Recchia permission to amend his complaint to challenge the city policy of not requiring a blood test before euthanizing the birds. The court also agreed with the lower court that the officers had discretionary immunity to state tort law claims of in seizing the animals. The district court's summary judgment was affirmed on Fourteenth Amendment and state tort claims against the officers, but vacated summary judgment on the Fourth Amendment claims against the animal control officers and constitutional claims against the city. |
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PR - Ordinances - Municipal regulation of domestic animals |
This Puerto Rico statute confers authority to the municipal councils of Puerto Rico to regulate by ordinance, the running at large of domestic animals, destruction and impounding of such animals, as well as the regulation of muzzling and licensing of dogs. In addition, the councils are given authority to enact all needful ordinances to protect the public health as affected by the running at large of domestic animals.
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Pet Purchaser Protection/Puppy "Lemon Laws" |
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PA - Rabies - § 459-301. Quarantines |
This Pennsylvania statute outlines the procedures and regulations relative to the state rabies quarantine procedure for dogs. It also provides that any police officer or state dog warden may humanely kill any dog running at large in a rabies quarantined area without any liability for damages for such killing. |
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PA - Rabies - Chapter 7A. Rabies Prevention and Control in Domestic Animals and Wildlife Act |
This chapter is known as the Rabies Prevention and Control in Domestic Animals and Wildlife Act. Every person living in the Commonwealth of Pennsylvania, who owns or keeps a dog or cat over three months of age, must have that dog or cat to be vaccinated against rabies. A person who violates any provision of this act commits a summary offense and shall, upon conviction, be sentenced to pay a fine not exceeding $300 for each violation. Each day of violation constitutes a separate offense. |
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Overview of the International Trade in Wild-Caught Reptiles |
This overview discusses the nature of the international trade in wild reptiles and the impediments to enforcing those laws that protect reptile species. The concerns of ownership, such as zoonotic disease, injury to the animal itself, and threats to public safety, are also presented.
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Overview of Retail Pet Stores |
Over half of all households in America have at least one pet. While some of these animals are available for adoption at local humane societies, most people buy their pets from retail pet stores. Since there are so many animals being housed at retail pet stores, many welfare issues exist, including the availability of veterinary care, food and water, proper housing, and proper sanitation. This paper addresses what federal and state laws are in place to regulate these welfare issues.
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Overview of Municipal Animal Control Ordinances |
This overview discusses the power of municipalities to enact ordinances. It then highlights some common subjects for animal care and control within municipal codes.
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Overview of Laws Restricting the Age of Puppies for Sale |
This overview discusses state laws that place restrictions on the sale of young puppies. Approximately 15 states have enacted laws or administrative regulations that generally require puppies to be between 6 and 8 weeks prior to being offered for sale.
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Overview of Hog Farming in Iowa |
This article describes the decline of family hog farming in Iowa and how farming has transitioned to an industrial model of swine production.
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