Hoarding

Summary:

The Putnam County (Florida) Humane Society brought an action seeking permanent custody of 41 dogs from Marjorie Duso, the operator of a kennel. The PCHS is a not-for-profit corporation that is devoted to the prevention of cruelty to animals pursuant to Florida law. Under that authority, the PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The PCHS seized and took custody of the dogs after an investigation led to the discovery of neglect and mistreatment of the dogs at the kennel. The Putnam County Court granted the PCHS custody of the dogs (except for Ms. Duso’s personal pet dog, which the PCHS was given the right to check on at least once a month). Further, the court enjoined Ms. Duso from owning, possessing, or breeding dogs except those kept as personal pets.

Summary:

In Greenville County, South Carolina, a person who hoards and collects animals commits an act of animal cruelty and is guilty of a misdemeanor.

Summary:

These Washoe County, Nevada ordinances prohibit any person from keeping an animal unless the area in which the animal lives is kept clean and free of offensive odors and animal wastes. Additionally, these ordinances also require that any person who wishes to keep more than 3 adult dogs or 7 adult cats obtain a permit; permit requirement, exemption, and revocation or suspension provisions are also included, as are the penalties for violating these provisions.

Summary:

In Great Falls, Montana, it is unlawful for any person, persons, or family to keep, harbor or maintain in or on the same premises a total of more than 2 dogs over 6 months of age or 2 cats over 6 months of age without first obtaining a multiple animal permit. A person found violating this section is guilty of a misdemeanor, which is  punishable by a maximum fine of $500.00. Other penalties may also apply.

Summary:

This Alto, Georgia hoarding ordinance makes it a crime to collect animals while failing to provide them with humane/adequate care; to collect dead animals that are not properly disposed of; and to collect, house, or harbor animals in filthy, unsanitary conditions that constitute a health hazard to the animals being kept, and/or to the animals or residents of adjacent property. A person found guilty of hoarding animals may not own, possess, or have on his or her premises in Alto any animal for one year from the date of conviction. Additionally, a person may also face fines not to exceed $1,000 or may also face imprisonment not to exceed 6 months or both.

Summary:

The applicants pleaded guilty to a number of charges under the Animal Care and Protection Act 2001 (Qld) following the seizure of 113 live dogs, one cat, 488 rats, 73 mice, 12 guinea pigs and 11 birds from their premises due to unsanitary and inappropriate living conditions. The applicants claimed that RSPCA officers were acting ultra vires and that a stay preventing the RSCPA from parting with the animals should be effected. The applicants' argument failed.

Summary:

In 2006, appellant was charged with one count of animal cruelty after 149 dogs were seized from her rescue shelter. The Supreme Court of Appeals of West Virginia held that, since the appellant (1) entered into a valid plea agreement which "specifically and unequivocally reserved a restitution hearing" and (2) "attempted on numerous occasions to challenge the amounts she was required by the magistrate court to post in separate bonds," that the final order of the Circuit Court of Berkeley County should be reversed. Accordingly, the court found that the plaintiff was entitled to a restitution hearing to determine the actual reasonable costs incurred in providing care, medical treatment, and provisions to the animals seized.

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. 

Summary:

This Texas case represents the State's discretionary petition for review after the lower court and Waco Court of Appeals granted defendant's motion to suppress evidence. The evidence at issue involved the seizure of defendant's 13 dogs from his aunt's backyard property, which then led to his indictment on felony cruelty to animals. As to the first issue, this court found that defendant has a reasonable expectation of privacy in his aunt's backyard despite the fact he did not have an ownership interest. Secondly, the court found that the officers were not authorized by the plain view doctrine to make a warrantless entry into the backyard to seize the dogs. Finally, the court found that the community caretaking doctrine was not argued by the State at trial or at the court of appeals; thus, the State was barred from advancing that argument in this appeal.

Summary:

In this Texas case, a justice court divested an animal owner of over 100 animals and ordered that the animals be given to a nonprofit organization. The owner sought review of the forfeiture in district court. The district court subsequently dismissed appellant's suit for lack of jurisdiction. Under the Texas Code, an owner may only appeal if the justice court orders the animal to be sold at a public auction. Thus, the Court of Appeals held that the statute limiting right of appeal in animal forfeiture cases precluded animal owner from appealing the justice court order.