California

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CA - San Mateo - Title 6 - ANIMALS

Summary: These are the ordinances in San Mateo, California that deal with animals. The laws regulate animal control, exotic animals, spaying, neutering, and breeding, kennels, catteries, and animal fanciers permits.

These are the ordinances in San Mateo, California that deal with animals. The laws regulate animal control, exotic animals, spaying, neutering, and breeding, kennels, catteries, and animal fanciers permits.

CA - Los Angeles County - Title 10. Animals

Summary: Title 10 comprises the animal law ordinances for Los Angeles County, California. Chapter 10.08 contains definitions; Chapters 10.12 and 10.16 are the laws pertaining to the Department of Animal Care and Control and its volunteer program. Chapter 10.20 outlines licensing, vaccinations, spaying and neutering requirements for dogs and cats. Chapter 10.32 prohibits animals running at large, and 10.36 contains impoundment procedures. Chapter 10.37 deals with dangerous dogs. Chapter 10.52 contains the laws regarding stockyards and hog ranches. The importation of animals is covered in Chapter 10.56. Tuberculosis and quarantine laws are found in Chapters 10.60 and 10.64. Title 10 also covers sanitation (10.68), animal disease reports (10.72), apiaries (10.76), dogs in open vehicles (10.80), feeding of predators (10.84), interference with police dogs (10.86), and fees (10.90).

Title 10 comprises the animal law ordinances for Los Angeles County, California. Chapter 10.08 contains definitions; Chapters 10.12 and 10.16 are the laws pertaining to the Department of Animal Care and Control and its volunteer program. Chapter 10.20 outlines licensing, vaccinations, spaying and neutering requirements for dogs and cats. Chapter 10.32 prohibits animals running at large, and 10.36 contains impoundment procedures. Chapter 10.37 deals with dangerous dogs. Chapter 10.52 contains the laws regarding stockyards and hog ranches. The importation of animals is covered in Chapter 10.56. Tuberculosis and quarantine laws are found in Chapters 10.60 and 10.64. Title 10 also covers sanitation (10.68), animal disease reports (10.72), apiaries (10.76), dogs in open vehicles (10.80), feeding of predators (10.84), interference with police dogs (10.86), and fees (10.90).

Farm Sanctuary, Inc. v. Department of Food & Agriculture

Summary: Environmental group brought suit challenging regulation allowing ritual slaughter exception to statute requiring that animals be treated humanely. The Superior Courtupheld regulation and appeal was taken. The Court of Appeal, Masterson, J., held that: (1) group had standing to sue, and (2) regulation was valid.

Environmental group brought suit challenging regulation allowing ritual slaughter exception to statute requiring that animals be treated humanely. The Superior Courtupheld regulation and appeal was taken. The Court of Appeal, Masterson, J., held that: (1) group had standing to sue, and (2) regulation was valid.

Conway v. Pasadena Humane Society

Summary: This appeal presents the question of whether animal control officers can lawfully enter a home, absent a warrant or consent, to seize and impound the homeowner's dog for violation of a leash law. The court held that that the Fourth Amendment precludes such conduct, where entry of home to seize dog was not justified by exigent circumstances.  Further, the statute and municipal ordinance permitting animal control officers to impound dog found on private property did not authorize seizure in violation of Fourth Amendment.

This appeal presents the question of whether animal control officers can lawfully enter a home, absent a warrant or consent, to seize and impound the homeowner's dog for violation of a leash law. The court held that that the Fourth Amendment precludes such conduct, where entry of home to seize dog was not justified by exigent circumstances.  Further, the statute and municipal ordinance permitting animal control officers to impound dog found on private property did not authorize seizure in violation of Fourth Amendment.

Phillips v. San Luis Obispo County Dept.

Summary: In this case, the owners of dog petitioned for writ of mandamus requesting vacation of destruction order and declaration that ordinances under which the dog was seized were unconstitutional.  The Court of Appeal held that due process required that owners have hearing prior to seizure of or destruction of dog (a property interest) and that a "courtesy hearing" did not satisfy due process requirements.  Further, the court concluded that the ordinances here were unconstitutional for failing to provide for notice and a hearing either before or after the seizure of an uncontrollable biting or vicious dog. 

In this case, the owners of dog petitioned for writ of mandamus requesting vacation of destruction order and declaration that ordinances under which the dog was seized were unconstitutional.  The Court of Appeal held that due process required that owners have hearing prior to seizure of or destruction of dog (a property interest) and that a "courtesy hearing" did not satisfy due process requirements.  Further, the court concluded that the ordinances here were unconstitutional for failing to provide for notice and a hearing either before or after the seizure of an uncontrollable biting or vicious dog. 

People v. Sanchez

Summary: Defendant on appeal challenges six counts of animal cruelty. The court affirmed five counts which were based on a continuing course of conduct and reversed one count that was based upon evidence of two discrete criminal events.

Defendant on appeal challenges six counts of animal cruelty. The court affirmed five counts which were based on a continuing course of conduct and reversed one count that was based upon evidence of two discrete criminal events.

People v. Baniqued

Summary: Defendant appealed from a judgment of the Superior Court of Sacramento County, California, ordering their conviction for cockfighting in violations of animal cruelty statutes.  The court held that roosters and other birds fall within the statutory definition of "every dumb creature" and thus qualify as an "animal" for purposes of the animal cruelty statutes.

Defendant appealed from a judgment of the Superior Court of Sacramento County, California, ordering their conviction for cockfighting in violations of animal cruelty statutes.  The court held that roosters and other birds fall within the statutory definition of "every dumb creature" and thus qualify as an "animal" for purposes of the animal cruelty statutes.

Roos v. Loeser

Summary: This is an action for damages alleged to have been sustained by plaintiff by reason of the killing of her dog, of the variety known as Pomeranian, by an Airedale belonging to the defendant. In 1919, a California court determined damages to be limited to the veterinary expenses connected with the injury to the animal. In the opinion, the court lovingly discusses the value of the animal. Notwithstanding these words of praise for the small animal, the court decided that the value was limited to the fair market value and related expenses.

This is an action for damages alleged to have been sustained by plaintiff by reason of the killing of her dog, of the variety known as Pomeranian, by an Airedale belonging to the defendant. In 1919, a California court determined damages to be limited to the veterinary expenses connected with the injury to the animal. In the opinion, the court lovingly discusses the value of the animal. Notwithstanding these words of praise for the small animal, the court decided that the value was limited to the fair market value and related expenses.

Baugh v. Beatty

Summary: This California case is a personal injury action by Dennis Ray Baugh, a minor, by John R. Baugh, his guardian ad litem, against Clyde Beatty and others, resulting from injuries suffered by the 4-year old child after he was  bitten by a chimpanzee in a circus animal tent. The court found that the instructions given were prejudicial where the jurors were told that the patron could not recover if the patron's conduct caused injury or if the conduct of the father in charge of patron caused injury; instead, the sole question for jury should have been whether patron knowingly and voluntarily invited injury because the animal was of the class of animals ferae naturae, of known savage and vicious nature.

This California case is a personal injury action by Dennis Ray Baugh, a minor, by John R. Baugh, his guardian ad litem, against Clyde Beatty and others, resulting from injuries suffered by the 4-year old child after he was  bitten by a chimpanzee in a circus animal tent. The court found that the instructions given were prejudicial where the jurors were told that the patron could not recover if the patron's conduct caused injury or if the conduct of the father in charge of patron caused injury; instead, the sole question for jury should have been whether patron knowingly and voluntarily invited injury because the animal was of the class of animals ferae naturae, of known savage and vicious nature.

Broden v. Marin Humane Society

Summary: Owner of animals that had been impounded from reptile store brought administrative mandamus proceeding, challenging conclusions by hearing officer at hearing that followed animal control service's seizure of animals from store.  On appeal, the court held that the warrantless entry of animal control officer into store was justified by exigent circumstances and that the owner lost all possessory interest in seized animals by failing to pay costs of seizure and impoundment within 14 days of seizure.

Owner of animals that had been impounded from reptile store brought administrative mandamus proceeding, challenging conclusions by hearing officer at hearing that followed animal control service's seizure of animals from store.  On appeal, the court held that the warrantless entry of animal control officer into store was justified by exigent circumstances and that the owner lost all possessory interest in seized animals by failing to pay costs of seizure and impoundment within 14 days of seizure.
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