Impound or Animal Control

Summary: The Plaintiff, the Bulldog Rescue Mission, is a nonprofit dog welfare organization organized under Louisiana law to advocate for dog welfare in New Orleans. The plaintiff sought information under Louisiana’s Public Records Law related to the dogs euthanized by the Defendant, the Louisiana Society for the Prevention of Cruelty to Animals (LSPCA). LSPCA declared that they were not a public body and thus, not subject to the Public Records Law. The Bulldog Rescue Mission filed a petition for writ of mandamus in the district court, seeking a declaratory judgment and injunctive relief. The trial court dismissed their petition and the plaintiff appealed. The Court of Appeal of Louisiana, Fourth Circuit held that LSPCA was a quasi-public entity subject to Public Records Law because the organization performed municipal functions on behalf of the municipal government. The court found LSPCA receives an annual compensation of almost two million dollars for providing services for quasi-municipal functions such as enforcing code violations and taking and receiving animals. Thus, it cannot characterize the service as "voluntary" since it "clearly operates[s] under the color of City Authority." Bulldog rescue also claims error with the trial court ruling that, even if LSPCA is subject to public records laws, these obligations are met through its Cooperative Endeavor Agreement (CEA) reporting requirement. This court found that the CEA contractual agreement made between the city of Louisiana and LSPCA allowing the organization to provide mandated city services related to animal control could not be used to circumscribe Public Records Law compliance. In other words, the limited statistical reporting required under the CEA is not a valid substitute for a public record request that would show all governmental functions and duties performed. The judgment of the trial court was reversed where this court found the trial court clearly erred in dismissing the Bulldog Rescue petition for a writ of mandamus.

Summary:

This section of the Eastern Band Cherokee Code describes the purpose of the Tribe's Animal Control Department. The Eastern Band Cherokee Animal Control Code includes Sections 19.1 through 19.7. Each section addresses a different topic within the Tribe's animal control, ranging from administrative purposes to restrictions and regulations.

Summary: This chapter of Michigan laws deals with animals running at large. In Michigan, an owner cannot allow an animal (defined here as cattle, horses, sheep, swine, mules, burros, or goats) to run at large. In addition, a person that is not the owner of the animal cannot willfully and knowingly allow the animal to run at large. Any person who allows an animal to run at large will be guilty of a misdemeanor. Law enforcement is authorized to take possession of any animal that is running at large. Once the animal is in possession of law enforcement, the owner of the animal must be notified or a notice must be placed in the newspaper within 30 days.

Summary: Veterinarian contacted State Police after allegedly observing deplorable conditions in Plaintiff's barn. The premises were subsequently searched, and a horse and three dogs were removed and later adopted. Plaintiff commenced an action in City Court for, inter alia, replevin, and several defendants asserted counterclaims based on Lien Law § 183. The Lockport City Court entered partial summary judgment in favor of owner and ordered return of animals. On appeal, the Niagara County Court, reversed and remanded. Owner appealed to the Supreme Court, Appellate Division, Fourth Department, New York. The Court found the Niagara County Society for the Prevention of Cruelty to Animals, Inc. (SPCA) was not required to bring a forfeiture action to divest Plaintiff of ownership of the seized animals because the animals were kept in unhealthful or unsanitary surroundings, the plaintiff was not properly caring for them, and the plaintiff failed to redeem the animals within five days before the SPCA was authorized to make the animals available for adoption. The city court’s order was affirmed as modified.

Summary: The following District of Columbia statute allows the council to make and the mayor to enforce regulations regarding leashing dogs in DC.

Summary: After a dog bite incident, the village of Glenview declared plaintiff's dog "vicious." Plaintiff's dog escaped from his mandated enclosure and was impounded by animal control. Plaintiff moved the Circuit Court of Cook County to enter an order transferring ownership of the dog and limiting impoundment fees. The order also asks the court to void the vicious dog determination and to declare section 365 of the Animal Control Act unconstitutional. This document also includes defendant's answer.

Summary: This article will focus primarily on the rescue and foster care issues. Some of the types of laws that impact companion animal rescue and foster care organizations include legislative definitions, licensing, sterilization and vaccination, pet limit laws, zoning and nuisance laws, tethering laws, Breed Specific Legislation (or BSL), tort liability, and reimbursement for medical care in cruelty cases. While some examples will be given here, a rescue organization or foster care provider should check the specific state and city laws where they are located.