United States

Share |

MD - Wildlife - § 10-427. Organized killing contests prohibited

Summary: This Maryland statute, enacted in 2021, states that a person may not sponsor, conduct, or participate in a contest organized in the State that has the objective of killing a coyote, fox, or raccoon for prizes or monetary rewards. A person is subject to a fine of $50 for each coyote, fox, or raccoon killed in violation of this law.

This Maryland statute, enacted in 2021, states that a person may not sponsor, conduct, or participate in a contest organized in the State that has the objective of killing a coyote, fox, or raccoon for prizes or monetary rewards. A person is subject to a fine of $50 for each coyote, fox, or raccoon killed in violation of this law.

MD - Animal control - § 1-1315. Adoption fee waiver for veterans at animal control facilities

Summary: This Maryland statute, enacted in 2021, states that an animal control facility operated by a county or municipality shall waive the adoption fee for a dog or cat adopted by a veteran who presents a valid driver's license or identification card issued by the Motor Vehicle Administration that includes a notation of veteran status in accordance with § 12-302 of the Transportation Article. The animal control facility may limit the number of adoption fee waivers granted to an individual under this subsection to one dog and one cat within a 6-month period.

This Maryland statute, enacted in 2021, states that an animal control facility operated by a county or municipality shall waive the adoption fee for a dog or cat adopted by a veteran who presents a valid driver's license or identification card issued by the Motor Vehicle Administration that includes a notation of veteran status in accordance with § 12-302 of the Transportation Article. The animal control facility may limit the number of adoption fee waivers granted to an individual under this subsection to one dog and one cat within a 6-month period.

MD - Police animals - § 3-526. Funding for veterinary treatment for retired law enforcement dogs

Summary: This law enacted in 2021 provides that a State or local law enforcement agency that removes from duty a dog used in law enforcement work shall reimburse an individual who, under a written agreement with the law enforcement agency, takes possession of the dog on or after October 1, 2020, for reasonable and necessary veterinary treatment provided to the dog. Public donations may be accepted and distributed to the K-9 Compassionate Care Fund. Reimbursement may be only for usual and customary veterinary treatment that is not attributable to abuse or neglect of the dog. Costs may not exceed $2,500 during a calendar year and $10,000 over the life of the dog.

This law enacted in 2021 provides that a State or local law enforcement agency that removes from duty a dog used in law enforcement work shall reimburse an individual who, under a written agreement with the law enforcement agency, takes possession of the dog on or after October 1, 2020, for reasonable and necessary veterinary treatment provided to the dog. Public donations may be accepted and distributed to the K-9 Compassionate Care Fund. Reimbursement may be only for usual and customary veterinary treatment that is not attributable to abuse or neglect of the dog. Costs may not exceed $2,500 during a calendar year and $10,000 over the life of the dog.

MD - Courthouse dog - § 9-501. Court Dog Program

Summary: This statute, enacted in 2020, creates a Court Dog Program for Maryland for participating counties. The program functions in a circuit court that participates in the Program and provides a facility dog or therapy dog to a child witness in the circuit court proceeding or other related court process, meeting, or interview in the State. It also operates in a circuit court or District Court that offers a veterans treatment court program where it provides a facility dog or therapy dog to a veteran participating in a veterans treatment court proceeding or other related court process or meeting in the State.

This statute, enacted in 2020, creates a Court Dog Program for Maryland for participating counties. The program functions in a circuit court that participates in the Program and provides a facility dog or therapy dog to a child witness in the circuit court proceeding or other related court process, meeting, or interview in the State. It also operates in a circuit court or District Court that offers a veterans treatment court program where it provides a facility dog or therapy dog to a veteran participating in a veterans treatment court proceeding or other related court process or meeting in the State.

Petconnect Rescue, Inc. v. Salinas

Summary: Plaintiffs are animal rescue organizations and an individual consumer alleging that the Defendants import non-rescue dogs into California and sell these dogs under the fraudulent misrepresentation that the dogs are rescued animals. Plaintiffs allege that the Rothman Defendants broker the sale of dogs bred for profit from “puppy mills” in the Midwest to pet stores in southern California which harms consumers by defrauding them and making them believe they are adopting a "rescue animal" (what the Plaintiffs have termed as "pet laundering"). In addition, plaintiffs alleged Lanham Act violations for trademark infringement. Before the court is a motion to dismiss filed by Defendants. In denying the motion to dismiss, the court held that Plaintiffs alleged sufficient facts to state a claim that the Moving Defendants engaged in a fraudulent scheme to sell non-rescue dogs as rescue dogs under the “Pet Connect Rescue” name.

Plaintiffs are animal rescue organizations and an individual consumer alleging that the Defendants import non-rescue dogs into California and sell these dogs under the fraudulent misrepresentation that the dogs are rescued animals. Plaintiffs allege that the Rothman Defendants broker the sale of dogs bred for profit from “puppy mills” in the Midwest to pet stores in southern California which harms consumers by defrauding them and making them believe they are adopting a "rescue animal" (what the Plaintiffs have termed as "pet laundering"). In addition, plaintiffs alleged Lanham Act violations for trademark infringement. Before the court is a motion to dismiss filed by Defendants. In denying the motion to dismiss, the court held that Plaintiffs alleged sufficient facts to state a claim that the Moving Defendants engaged in a fraudulent scheme to sell non-rescue dogs as rescue dogs under the “Pet Connect Rescue” name.

Harby v. Harby

Summary: This Florida case involves an appeal of a final judgment of dissolution of marriage. With respect to animal law, the wife appealed the trial court's distribution of family dogs, Liberty and Nico, to the former husband. According to testimony, the dogs were bonded to each other. The former wife testified that the family adopted Liberty "to be an emotional support dog" and was her constant companion. The former wife testified that she cared for the dogs when they were adopted in 2013 and 2014 until the parties separated in 2017. Since that separation, the dogs have been in the husband's possession and care. The trial court determined that the dogs were marital property and that the wife appeared to be in good health with no physical or mental disabilities. Further, both parties agreed the dogs should not be separated from each other and the court found the dogs had been in the husband's possession since the parties separated. On appeal, the wife argues that the trial court's distribution of the family dogs to Former Husband was arbitrary, capricious, and unsupported by the record. In particular, the wife contends that one of the dogs is her emotional support animal and former husband expressed no desire or claim for the dogs in testimony. The court first observed that Florida is not one of the handful of states with statutes that give pets a special property status in distribution of marital assets. Instead, animals are considered personal property. Here, the court found both parties have cared for the dogs at times and the husband cared for them after the parties separated in 2017. And, while the court found that Liberty was "emotionally comforting," there was no evidence that the former wife had a disability and that Liberty provided emotional support to alleviate an effect of such disability. Thus, the role Liberty played was to provide comfort and companionship like most household pets. Since the trial court also considered each party's sentimental interest in the pets, including the children's attachment since they resided primarily with the former husband, there was no showing that the court abused its discretion in awarding the dogs to former husband. Thus, the appellate court concluded that the trial court acted within its discretion by awarding the family dogs to the former husband.

This Florida case involves an appeal of a final judgment of dissolution of marriage. With respect to animal law, the wife appealed the trial court's distribution of family dogs, Liberty and Nico, to the former husband. According to testimony, the dogs were bonded to each other. The former wife testified that the family adopted Liberty "to be an emotional support dog" and was her constant companion. The former wife testified that she cared for the dogs when they were adopted in 2013 and 2014 until the parties separated in 2017. Since that separation, the dogs have been in the husband's possession and care. The trial court determined that the dogs were marital property and that the wife appeared to be in good health with no physical or mental disabilities. Further, both parties agreed the dogs should not be separated from each other and the court found the dogs had been in the husband's possession since the parties separated. On appeal, the wife argues that the trial court's distribution of the family dogs to Former Husband was arbitrary, capricious, and unsupported by the record. In particular, the wife contends that one of the dogs is her emotional support animal and former husband expressed no desire or claim for the dogs in testimony. The court first observed that Florida is not one of the handful of states with statutes that give pets a special property status in distribution of marital assets. Instead, animals are considered personal property. Here, the court found both parties have cared for the dogs at times and the husband cared for them after the parties separated in 2017. And, while the court found that Liberty was "emotionally comforting," there was no evidence that the former wife had a disability and that Liberty provided emotional support to alleviate an effect of such disability. Thus, the role Liberty played was to provide comfort and companionship like most household pets. Since the trial court also considered each party's sentimental interest in the pets, including the children's attachment since they resided primarily with the former husband, there was no showing that the court abused its discretion in awarding the dogs to former husband. Thus, the appellate court concluded that the trial court acted within its discretion by awarding the family dogs to the former husband.

Los Altos Boots v. Bonta

Summary: This unpublished California case considers the application of the recently amended statute (Penal Code section 653o), which makes it "unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard" beginning January 1, 2022. The instant case concerns the importation of some caiman products. The businesses bringing the suit seek the enjoin the caiman prohibition while the lawsuit is pending. While the state contends that the plaintiffs lack standing because the claim is unripe, the court found the three-part standing test was satisfied. The court also found that the extraordinary remedy of a preliminary injunction was justified where plaintiffs are likely to succeed on the merits, the plaintiffs will suffer irreparable economic harm if section 653o goes into effect on January 1st that cannot not be mitigated by damages, and the balance of harms favors plaintiffs. Specifically, the court found that section 653o will create a "clear conflict between that section and the Endangered Species Act" and plaintiffs have demonstrated a serious harm to their businesses. The court declined to "wade into a policy dispute "whether California's or the United States’ wildlife protections are superior." The motion for a preliminary injunction was granted. The defendants, their employees, agents, and successors in office are enjoined from enforcing California Penal Code sections 653o(c) and 653r in connection with the importation, possession, or sale of caiman bodies, parts, or products until the final disposition of this case.

This unpublished California case considers the application of the recently amended statute (Penal Code section 653o), which makes it "unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard" beginning January 1, 2022. The instant case concerns the importation of some caiman products. The businesses bringing the suit seek the enjoin the caiman prohibition while the lawsuit is pending. While the state contends that the plaintiffs lack standing because the claim is unripe, the court found the three-part standing test was satisfied. The court also found that the extraordinary remedy of a preliminary injunction was justified where plaintiffs are likely to succeed on the merits, the plaintiffs will suffer irreparable economic harm if section 653o goes into effect on January 1st that cannot not be mitigated by damages, and the balance of harms favors plaintiffs. Specifically, the court found that section 653o will create a "clear conflict between that section and the Endangered Species Act" and plaintiffs have demonstrated a serious harm to their businesses. The court declined to "wade into a policy dispute "whether California's or the United States’ wildlife protections are superior." The motion for a preliminary injunction was granted. The defendants, their employees, agents, and successors in office are enjoined from enforcing California Penal Code sections 653o(c) and 653r in connection with the importation, possession, or sale of caiman bodies, parts, or products until the final disposition of this case.

ME - Police Animal - § 164-B. Immunity from civil liability for assistance given to law enforcement dogs, search and rescue

Summary: This Maine law gives immunity from damages to an emergency medical services person, a security services dog handler or a law enforcement officer who voluntarily, without the expectation of monetary or other compensation, renders first aid, emergency treatment or rescue assistance to a law enforcement dog, search and rescue dog or service dog that is unconscious, ill, injured or in need of rescue assistance unless it is established that the injury or the death was caused willfully, wantonly or recklessly or by gross negligence on the part of the emergency medical services person, security services dog handler or law enforcement officer.

This Maine law gives immunity from damages to an emergency medical services person, a security services dog handler or a law enforcement officer who voluntarily, without the expectation of monetary or other compensation, renders first aid, emergency treatment or rescue assistance to a law enforcement dog, search and rescue dog or service dog that is unconscious, ill, injured or in need of rescue assistance unless it is established that the injury or the death was caused willfully, wantonly or recklessly or by gross negligence on the part of the emergency medical services person, security services dog handler or law enforcement officer.
Share |