Exotic Pets

City of Rolling Meadows v. Kyle

Summary:

In this Illinois case, the Plaintiff, City of Rolling Meadows, brought an action against defendant for keeping an undomesticated animal, a monkey, in her home in violation of a city ordinance. The lower court entered judgment in favor of plaintiff. At issue on appeal is the construction and application to be given the phrase “other than domesticated house pets” as set forth in the ordinance in question. The court was required to adopt the common and approved usage of the term 'domesticated.' The court concluded that the evidence presented established as a matter of law that Yondi is a domesticated animal. Thus, the trial court erred in finding defendant in violation of ordinance 4-28 because the monkey was a domesticated house pet.

In this Illinois case, the Plaintiff, City of Rolling Meadows, brought an action against defendant for keeping an undomesticated animal, a monkey, in her home in violation of a city ordinance. The lower court entered judgment in favor of plaintiff. At issue on appeal is the construction and application to be given the phrase “other than domesticated house pets” as set forth in the ordinance in question. The court was required to adopt the common and approved usage of the term 'domesticated.' The court concluded that the evidence presented established as a matter of law that Yondi is a domesticated animal. Thus, the trial court erred in finding defendant in violation of ordinance 4-28 because the monkey was a domesticated house pet.

Renzo v. Idaho State Dept. of Agriculture

Summary:

A tiger habitat developer sued the Idaho State Department of Agriculture (Department) under the Idaho Tort Claims Act (ITCA) for breach of ordinary care in refusing to grant exotic animal possession and propagation permits and for intentional interference with developer's prospective economic advantage. The Court held that the time period under which the developer had to file notice of its claim began to run when the Department sent its letter stating that a possession permit would be conditioned upon the tigers’ sterilization. This letter put developer on notice that he would not receive a possession permit without sterilizing the tigers, and therefore, had knowledge that he would not be granted a propagation permit.

A tiger habitat developer sued the Idaho State Department of Agriculture (Department) under the Idaho Tort Claims Act (ITCA) for breach of ordinary care in refusing to grant exotic animal possession and propagation permits and for intentional interference with developer's prospective economic advantage. The Court held that the time period under which the developer had to file notice of its claim began to run when the Department sent its letter stating that a possession permit would be conditioned upon the tigers’ sterilization. This letter put developer on notice that he would not receive a possession permit without sterilizing the tigers, and therefore, had knowledge that he would not be granted a propagation permit.

Kent v. Polk County Board of Supervisors

Summary:

The Iowa Supreme Court held that a county ordinance regulating possession of dangerous and vicious animals did not violate the due process, equal protection, or takings clauses of the Constitution (in this instance, appellant was the owner of a lion). The regulation was a legitimate exercise of police power, which was rationally related to the legitimate government interest of protecting public safety.

The Iowa Supreme Court held that a county ordinance regulating possession of dangerous and vicious animals did not violate the due process, equal protection, or takings clauses of the Constitution (in this instance, appellant was the owner of a lion). The regulation was a legitimate exercise of police power, which was rationally related to the legitimate government interest of protecting public safety.

Gill v. Prehistoric Ponds, Inc.

Summary:

In this Georgia case, the Court of Appeals held that, on issue of first impression, an alligator farm was not a "farm" within meaning of the state statute that exempted "farm laborers" or their employers from coverage under the Workers' Compensation Act (Gill was bitten while cleaning out a pen and subsequently developed both a bone infection and salmonella). In construing the relevant statutes, the court found that in the chapter on Employment Security Law (ESL), the legislature meant that individuals who raise or tend wildlife perform "agricultural labor," but only when they do so on a "farm," which is "used for production of stock, dairy products, poultry, fruit, and fur-bearing animals." Accordingly, the court concluded that when Gill cleaned out the alligator pens, he was caring for wildlife and thus performing "agricultural labor." However, his employer, an alligator farm, was not a "farm" because alligators are "wildlife," not "[live]stock ... [or] fur-bearing animals." 

In this Georgia case, the Court of Appeals held that, on issue of first impression, an alligator farm was not a "farm" within meaning of the state statute that exempted "farm laborers" or their employers from coverage under the Workers' Compensation Act (Gill was bitten while cleaning out a pen and subsequently developed both a bone infection and salmonella). In construing the relevant statutes, the court found that in the chapter on Employment Security Law (ESL), the legislature meant that individuals who raise or tend wildlife perform "agricultural labor," but only when they do so on a "farm," which is "used for production of stock, dairy products, poultry, fruit, and fur-bearing animals." Accordingly, the court concluded that when Gill cleaned out the alligator pens, he was caring for wildlife and thus performing "agricultural labor." However, his employer, an alligator farm, was not a "farm" because alligators are "wildlife," not "[live]stock ... [or] fur-bearing animals." 

ARFF, Inc. v. Siegel

Summary:

Resort developer and president of an animal performance company received an injunction against an animal rights group limiting their ability to both picket the resort and distribute pamphlets claiming that the big cats were abused.  Appellate court reversed, finding that the picketing regulations burdened more speech than necessary and that the restriction on distributing pamphlets was a prior restraint not justified by a compelling state interest.

Resort developer and president of an animal performance company received an injunction against an animal rights group limiting their ability to both picket the resort and distribute pamphlets claiming that the big cats were abused.  Appellate court reversed, finding that the picketing regulations burdened more speech than necessary and that the restriction on distributing pamphlets was a prior restraint not justified by a compelling state interest.

New York City Friends of Ferrets v. City of New York

Summary:

New York City Friends of Ferrets, an unincorporated association of individuals in New York City who own or wish to own ferrets as household pets, bring this action challenging the legality of the City of New York's prohibition against the keeping of ferrets within the City limits and the requirement that in any case where a ferret is reported to have bitten a human being, the ferret be immediately surrendered to the New York City Department of Health and humanely destroyed in order to conduct a rabies examination.  The district court granted the city's summary judgment motion, and dismissed the ferret owners' equal protection claim. The court found a rational relationship between the city's ferret ban and its legitimate interest in protecting human safety.

New York City Friends of Ferrets, an unincorporated association of individuals in New York City who own or wish to own ferrets as household pets, bring this action challenging the legality of the City of New York's prohibition against the keeping of ferrets within the City limits and the requirement that in any case where a ferret is reported to have bitten a human being, the ferret be immediately surrendered to the New York City Department of Health and humanely destroyed in order to conduct a rabies examination.  The district court granted the city's summary judgment motion, and dismissed the ferret owners' equal protection claim. The court found a rational relationship between the city's ferret ban and its legitimate interest in protecting human safety.

Hoctor v. Dept of Agriculture

Summary:

A dealer raised exotic animals (mainly big cats), and USDA ordered that the dangerous ones be fenced, with fencing being a minimum of eight-feet high.   However, the animal housing standard only required that the fencing be sturdy enough to prevent the animals from escaping.   The eight-foot rule established by USDA was considered arbitrary, and it did not have to be followed.    

A dealer raised exotic animals (mainly big cats), and USDA ordered that the dangerous ones be fenced, with fencing being a minimum of eight-feet high.   However, the animal housing standard only required that the fencing be sturdy enough to prevent the animals from escaping.   The eight-foot rule established by USDA was considered arbitrary, and it did not have to be followed.    

U.S. v. Molt

Summary:

The court affirmed a judgment of sentence entered following defendant's conditional plea of guilty to smuggling and to violating the Lacey Act. The court held that the district court properly denied defendant's Speedy Trial Act motion where defendant incorrectly computed the number of excludable days. Therefore, the court concluded that more than 120 non-excludable days did not elapse between the indictment and the trial.

The court affirmed a judgment of sentence entered following defendant's conditional plea of guilty to smuggling and to violating the Lacey Act. The court held that the district court properly denied defendant's Speedy Trial Act motion where defendant incorrectly computed the number of excludable days. Therefore, the court concluded that more than 120 non-excludable days did not elapse between the indictment and the trial.

IRVIN WILSON and PET PARADISE, INC. v. UNITED STATES DEPARTMENT OF AGRICULTURE

Summary: Irvin Wilson, Sr. owns a corporation named Pet Paradise, Incorporated, which included a pet shop, also called Pet Paradise, specializing in exotic animals. The pet shop was operated by Irvin Wilson, Jr., who is now incarcerated on unrelated charges. Several inspections by the United States Department of Agriculture (USDA) resulted in a finding of 61 violations involving 27 of the regulations and standards promulgated pursuant to the Animal Welfare Act, 7 U.S.C. § 2131 et seq. The USDA imposed sanctions of a $5,000 fine and a suspension of the USDA license for 30 days or until compliance is shown. This court found no reason to disturb the sanctions imposed.

Irvin Wilson, Sr. owns a corporation named Pet Paradise, Incorporated, which included a pet shop, also called Pet Paradise, specializing in exotic animals. The pet shop was operated by Irvin Wilson, Jr., who is now incarcerated on unrelated charges. Several inspections by the United States Department of Agriculture (USDA) resulted in a finding of 61 violations involving 27 of the regulations and standards promulgated pursuant to the Animal Welfare Act, 7 U.S.C. § 2131 et seq. The USDA imposed sanctions of a $5,000 fine and a suspension of the USDA license for 30 days or until compliance is shown. This court found no reason to disturb the sanctions imposed.

IN RE: RONNIE FAIRCLOTH AND JR's AUTO & PARTS, INC.

Summary: Individual who owned auto parts company, and who kept exotic animals on premises (allegedly as pets), was exhibitor for purposes of Act, even though economic benefit to him from exhibiting animals to public was de minimis, because individual's activities were in commerce.

Individual who owned auto parts company, and who kept exotic animals on premises (allegedly as pets), was exhibitor for purposes of Act, even though economic benefit to him from exhibiting animals to public was de minimis, because individual's activities were in commerce.