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Zuniga v. San Mateo Dept. of Health Services (Peninsula Humane Soc.) |
In this California case, the owner of a dog that had been seized pending criminal dogfighting charges sought a writ of mandate challenging a county hearing officer's decision finding that puppies born to the dog while she was impounded were dangerous animals. The trial court denied the writ. The Court of Appeal reversed and held that there was insufficient evidence that the puppies were “dangerous animals." The evidence received by the hearing officer relates mainly to appellant's actions and his mistreatment of the parent animal, and the only evidence relevant to the puppies' “inherent nature” was the observed aggressive behavior toward each other while caged together and certain possible assumptions about their nature from the condition and use of their mother.
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WY - Ordinances - § 11-31-301. Public nuisance; notice; penalties; rules and regulations; |
This Wyoming statute provides that a board of county commissioners may declare the running at large of any specified animals in unincorporated areas within the county limits a public nuisance. Dogs or other animals, whose ownership cannot be determined, may be destroyed. A dog injuring or killing livestock may be killed by the owner of the livestock or his agent or any peace officer. However, any dog attacking any person in a vicious manner may be impounded by the county sheriff or animal control officer and held in quarantine for at least fifteen (15) days and not more than twenty (20) days after the attack to determine whether the dog has any disease which may be communicated to humans. A board of county commissioners may enact regulations relative to dogs running at large, vicious dogs, dogs running wild game or livestock or acts by other animals which shall carry out the purposes of this section. The county may also establish a county license fee and an animal control program/facility. |
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WY - Dog - Consolidated Dog Laws |
These Wyoming statutes comprise the state's dog laws. Among the provisions include damage done to livestock by dogs, rabies vaccination requirements, and municipal powers to regulate dogs. |
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WV - Ordinances - § 19-20A-8. Vaccinated dogs and cats may run at large; confinement may be required |
This West Virginia statute provides that dogs or cats vaccinated in compliance with the provisions of this article may run at large in any area or locality unless a county commission or a municipality has adopted and enforced ordinances to prevent dogs from running at large. The state commissioner of agriculture may also enforce an at large ban when a rabies quarantine is in effect. However, any county commission or municipality may not adopt any ordinance which purports to keep any vaccinated dog from running at large while engaged in any lawful hunting activity; from running at large while engaged in any lawful training activity; or from running at large while engaged in any lawful herding or other farm related activity. |
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WV - Licenses - § 7-7-6d. Collection of head tax on dogs; duties of assessor and sheriff; |
This West Virginia statute provides that it is the duty of the county assessor at the time of assessment of the personal property within such county, to assess and collect a head tax of one dollar on each male or spayed female dog and of two dollars on each unspayed female dog. In addition to the above, the assessor and his deputies shall have the further duty of collecting any such head tax on dogs as may be levied by the ordinances of each and every municipality within the county. The tax also serves the function of providing a registration for the dog. Any person who refuses to pay the tax after a specified period may have his or her dog seized, which may then be sold or eventually destroyed. |
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WV - Impound - § 19-20-8. Impounding and disposition of dogs; costs and fees |
This West Virginia statute provides that dogs seized and impounded as provided in this article shall be kept housed and fed in the county dog pound for five days after notice of seizure and impounding has been given or posted. Upon expiration this time period, all dogs which have not previously been redeemed by their owners shall be sold or humanely destroyed (this statute outlines what constitutes "humanely destroyed"). The owner may, at any time prior to the expiration of five days retrieve his or her dog by paying the requisite fees and satisfying any other provisions. |
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Woods v. KittyKind, Inc. |
The court granted the plaintiff's motion for an animal shelter to disclose the identity of her lost cat's adopter because the plaintiff alleged that the shelter did not comply with the law and its transfer of ownership was therefore invalid.
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Wolff v. State |
This Indiana case addresses the status of animals seized in conjunction with a criminal animal cruelty case. Specifically, the appeal addresses whether the trial court erred in granting a local animal rescue the authority to determine disposition of the seized animals. The animals were seized after county authorities received complaints of animal cruelty and neglect on defendant's property in late 2016. As a result of the charges, five horses, two mules, and two miniature donkeys were impounded and placed with a local animal rescue. Following this, the state filed a notice with the court that estimated costs of continuing care for the impounded animals. About a month later, the state filed an Amended Motion to Determine Forfeiture/Disposition of Animals, requesting the trial court issue an order terminating defendant's ownership rights in the animals. Alternatively, the state requested that defendant could seek to have his posted bond money apportioned to cover the costs associated with the animals' care. The court ultimately entered an order that allowed the rescue agency full authority to determine disposition of the animals after defendant failed to respond. In his current appeal of this order, defendant first claims that the trial court erred in giving the animal rescue such authority because defendant paid $20,000 in bail. The appellate court found that this money was used to secure defendant's release from jail and he did not request that the jail bond be used for the care of the animals. The court found that the legislature clearly intended the bail and bond funds are used for "separate and distinct purposes," so there was no way for the trial court to automatically apply this money to the animal care costs. Defendant had to affirmatively exercise his rights concerning the disposition of the animals pending trial, which he failed to do. As to defendant's other issue concerning an investigation and report by a state veterinarian, the appellate court found defendant waived this issue prior to appeal. The decision was affirmed. |
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Wilson v. City of Eagan |
At issue is an Eagan, Minnesota ordinance that provides an impounded animal must be held for five days before being destroyed. In direct contravention of the ordinance and statute, Eagan animal warden Cary Larson and police officer Robert O'Brien, in performance of their duties, intentionally killed Timothy Wilson's pet cat on the same day it was properly impounded. By first finding that punitive damages were not precluded by statute against municipal employees, the court then examined whether punitive damages were appropriate in this case. While the court did not find that Larson acted with malice, it did find that his conduct in violating the statute showed a willful disregard for property rights.
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WI - Rabies - 95.21. Rabies control program |
Except as provided in s. 174.054 or sub. (9)(d), the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, at no later than 5 months of age and revaccinated within one year after the initial vaccination. The owner of a dog shall have the dog revaccinated against rabies before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog at all times. |
