Summary:
Neighborhood Association had covenants against pets. Woman had two cats (against rules) and was charge large fines for having them. She challenged the validity of the rule, as well as the method of enforcement.
Neighborhood Association had covenants against pets. Woman had two cats (against rules) and was charge large fines for having them. She challenged the validity of the rule, as well as the method of enforcement.
Summary: This California action concerns the adoption of an ordinance in 2003 by the City of West Hollywood that prohibits the de-clawing of house cats. Amici Curiae Animal Legal Defense Fund ("ALDF" ), the Association of Veterinarians for Animal Rights (" A V AR" ), and the Paw Project submitted a brief to assist the Court in its determination of whether the ordinance at issue on this appeal legally prohibits non-therapeutic onychectomies (commonly known as " de-clawing") of domestic animals within the City of West Hollywood. The California Superior Court found that the Business and Professions Code section 460 preempts a municipal ordinance that attempts to regulate veterinarian procedures. The Amici contend that the CVMA examines only one section of the Code and disregards other sections that apply. Further, the amici find that the CVMA’s “. . . members have a pecuniary interest in performing the acts that the City has determined to be cruel.” On Friday, June 22, 2007, the Second District Court of Appeal in Los Angeles ruled 2-1 that a city can regulate the conduct of its professionals provided it does not prohibit procedures that state law expressly allows.
Summary:
This Borough of Stone Harbor feral cat ordinance sets up a Trap, Neuter and Return (TNR) program outside of the area between 111th Street and the southern end of the Borough, as well as outside of the entire Bird Sanctuary and Stone Harbor Point areas. Under this ordinance, any feral cats found within the area between 111th Street and the southern end of the Borough, the Bird Sanctuary, or the Stone Point area must be captured and transported to the County Animal Shelter for handling in accordance with the interlocal agreement between the Borough and the county applicable to such animals. Caregivers, who are uncompensated volunteers, serve to facilitate the TNR program and their duties, as well as potential penalties for not complying with their duties, are indicated within this ordinance.
This Borough of Stone Harbor feral cat ordinance sets up a Trap, Neuter and Return (TNR) program outside of the area between 111th Street and the southern end of the Borough, as well as outside of the entire Bird Sanctuary and Stone Harbor Point areas. Under this ordinance, any feral cats found within the area between 111th Street and the southern end of the Borough, the Bird Sanctuary, or the Stone Point area must be captured and transported to the County Animal Shelter for handling in accordance with the interlocal agreement between the Borough and the county applicable to such animals. Caregivers, who are uncompensated volunteers, serve to facilitate the TNR program and their duties, as well as potential penalties for not complying with their duties, are indicated within this ordinance.
Summary:
This comprises the City of West Hollywood, California's animal control ordinances. The animal control ordinances of Los Angeles County have been adopted by reference, prohibiting animal nuisances as well as the keeping of dangerous animals. The code also defines and outlines procedures for feral cats. Uniquely, West Hollywood has a ban on onychectomy (“declawing") of domestic cats unless done as a medically necessary procedure, as well as a ban on the sale of fur (with some exceptions). Further, subject to some exemptions, the city prohibits the retail sale of cats and dogs.
This comprises the City of West Hollywood, California's animal control ordinances. The animal control ordinances of Los Angeles County have been adopted by reference, prohibiting animal nuisances as well as the keeping of dangerous animals. The code also defines and outlines procedures for feral cats. Uniquely, West Hollywood has a ban on onychectomy (“declawing") of domestic cats unless done as a medically necessary procedure, as well as a ban on the sale of fur (with some exceptions). Further, subject to some exemptions, the city prohibits the retail sale of cats and dogs.
Summary:
In this Pennsylvania case, a cat owner challenged a local ordinance that limited the number of cats she could own at her residence (she owned 25 cats that were rescued "mousers" from factories; the ordinance limited ownership to 5). The court noted that the preamble to the ordinance stated that pursuant to the Borough Code and "in the interest of preserving the public health, safety and general welfare of the residents ... [the Borough] desires to limit the number of dogs and cats kept by any one person and/or residence," but did not state what legitimate public health, safety and welfare goals the Borough sought to advance by enacting this ordinance. Thus, from the information before the court, it could not say whether the Borough ordinance here was a reasonable means to effectuate a legitimate governmental goal.
In this Pennsylvania case, a cat owner challenged a local ordinance that limited the number of cats she could own at her residence (she owned 25 cats that were rescued "mousers" from factories; the ordinance limited ownership to 5). The court noted that the preamble to the ordinance stated that pursuant to the Borough Code and "in the interest of preserving the public health, safety and general welfare of the residents ... [the Borough] desires to limit the number of dogs and cats kept by any one person and/or residence," but did not state what legitimate public health, safety and welfare goals the Borough sought to advance by enacting this ordinance. Thus, from the information before the court, it could not say whether the Borough ordinance here was a reasonable means to effectuate a legitimate governmental goal.
Summary:
On grant of appeal from Branks v. Kern , 348 S.E.2d 815 (N.C. 1986). Cat owner brought negligence action against veterinarian and veterinary clinic after her hand was bitten while she held her own cat during a catheterization procedure. In reversing the Court of Appeals decision (348 S.E.2d 815 (N.C. App. 1986)), the Supreme Court held that defendants in the instant case have met their burden of showing that they are entitled to judgment as a matter of law where the evidence showed that the danger was obvious to plaintiff and defendants only owed plaintiff a duty to exercise ordinary care.
On grant of appeal from Branks v. Kern , 348 S.E.2d 815 (N.C. 1986). Cat owner brought negligence action against veterinarian and veterinary clinic after her hand was bitten while she held her own cat during a catheterization procedure. In reversing the Court of Appeals decision (348 S.E.2d 815 (N.C. App. 1986)), the Supreme Court held that defendants in the instant case have met their burden of showing that they are entitled to judgment as a matter of law where the evidence showed that the danger was obvious to plaintiff and defendants only owed plaintiff a duty to exercise ordinary care.
Summary:
Plaintiff brought her dog into a store. The dog fought with the store owner's cat. After the fight was over, and the animals were calm, plaintiff reached down and grabbed the cat's front paw. The cat scratched and bit plaintiff, who brought a negligence action against the store owner. The court held that plaintiff could not recover because plaintiff did not exercise due care when she interfered with a strange animal, and there was no evidence that the cat was vicious.
Plaintiff brought her dog into a store. The dog fought with the store owner's cat. After the fight was over, and the animals were calm, plaintiff reached down and grabbed the cat's front paw. The cat scratched and bit plaintiff, who brought a negligence action against the store owner. The court held that plaintiff could not recover because plaintiff did not exercise due care when she interfered with a strange animal, and there was no evidence that the cat was vicious.
Summary:
In this Washington case, a cat owner sued a minor and his parents after the minor set her cat on fire. While this Court found that the trial court correctly granted summary judgment with respect to Ms. Womack's private nuisance, tort outrage, and statutory waste claims, it held that the lower court incorrectly calculated the measure of damages. Noting that the Division 2 Appellate Court left open the question of emotional distress damages where a pet has been maliciously injured in Pickford v. Masion , 124 Wash.App. 257, 262-63, 98 P.3d 1232 (2004), this Court held that the general allegations include sufficient facts to find both malicious conduct toward Ms. Womack's pet and her resulting emotional distress. Thus, "[f]or the first time in Washington, we hold malicious injury to a pet can support a claim for, and be considered a factor in measuring a person's emotional distress damages."
In this Washington case, a cat owner sued a minor and his parents after the minor set her cat on fire. While this Court found that the trial court correctly granted summary judgment with respect to Ms. Womack's private nuisance, tort outrage, and statutory waste claims, it held that the lower court incorrectly calculated the measure of damages. Noting that the Division 2 Appellate Court left open the question of emotional distress damages where a pet has been maliciously injured in Pickford v. Masion , 124 Wash.App. 257, 262-63, 98 P.3d 1232 (2004), this Court held that the general allegations include sufficient facts to find both malicious conduct toward Ms. Womack's pet and her resulting emotional distress. Thus, "[f]or the first time in Washington, we hold malicious injury to a pet can support a claim for, and be considered a factor in measuring a person's emotional distress damages."
Summary:
A woman was convicted of fifty-eight counts of animal cruelty after animal control officers found fifty-eight diseased cats in her trailer. The trial court sentenced the woman to ninety days of jail time for each count, but revised the sentence to include two days of jail time, two years of formal probation, and twelve and a half years of informal probation. The Court of Appeals affirmed the conviction, but found that fourteen and a half years probation exceeded the court's statutory authority.
A woman was convicted of fifty-eight counts of animal cruelty after animal control officers found fifty-eight diseased cats in her trailer. The trial court sentenced the woman to ninety days of jail time for each count, but revised the sentence to include two days of jail time, two years of formal probation, and twelve and a half years of informal probation. The Court of Appeals affirmed the conviction, but found that fourteen and a half years probation exceeded the court's statutory authority.
Summary:
In this Tennessee case, a man shot and wounded a cat owned by his neighbor as the animal exited from the bed of the man's prized pickup truck. The cat died from its wounds shortly thereafter. The neighbor sued for the veterinary bills she incurred for treatment of the cat's injuries. The truck owner counter-sued for the damage the cat allegedly caused to his truck by scratching the paint. After a bench trial, the court awarded the truck's owner $6,500 in damages, which it offset by a $372 award to the neighbor for her veterinary bills. The Court of Appeals reversed that decision finding that as a matter of law the cat's owner cannot be held liable for not keeping her cat confined when the damage the cat allegedly caused was not foreseeable.
In this Tennessee case, a man shot and wounded a cat owned by his neighbor as the animal exited from the bed of the man's prized pickup truck. The cat died from its wounds shortly thereafter. The neighbor sued for the veterinary bills she incurred for treatment of the cat's injuries. The truck owner counter-sued for the damage the cat allegedly caused to his truck by scratching the paint. After a bench trial, the court awarded the truck's owner $6,500 in damages, which it offset by a $372 award to the neighbor for her veterinary bills. The Court of Appeals reversed that decision finding that as a matter of law the cat's owner cannot be held liable for not keeping her cat confined when the damage the cat allegedly caused was not foreseeable.
