Leash Laws

NH - Moultonbourough - An Ordinance Relative to Dog Control Regulation

Summary:

The purpose of Moultonborough, New Hampshire's Leash Law is to keep all dogs under their owners' control in order to ensure against injury to persons, damages to property, or the creation of a nuisance. It is therefore unlawful to permit any dog to run at large in the town of Moultonborough. Anyone who violates this ordinance will be punished by a fine of $25 or more.

The purpose of Moultonborough, New Hampshire's Leash Law is to keep all dogs under their owners' control in order to ensure against injury to persons, damages to property, or the creation of a nuisance. It is therefore unlawful to permit any dog to run at large in the town of Moultonborough. Anyone who violates this ordinance will be punished by a fine of $25 or more.

CA - Santa Cruz County - Santa Cruz County Code. Title 6. Animals.

Summary:

This comprises Santa Cruz County's animal-related ordinances. Santa Cruz County has a mandatory sterilization ordinance, which states that a dog or cat over the age of 6 months must be spayed or neutered unless such person holds an unaltered animal certification for the animal (excepting law enforcement dogs, service dogs, dogs or cats with health problems that prevent sterilization, herding dogs, or dogs or cats boarded in a business for training or resale). The code also has a section on feral cats, defined as felines that are wild by nature or no longer domesticated. It is unlawful for a person to intentionally provide food, water, or other forms of sustenance to a feral cat colony unless that person has registered with the county, and complies with the requirements (e.g., regularly trapping the cats for sterilization, testing trapped cats for feline leukemia, "ear tipping" for identification, rabies vaccination, and regularly feeding the colony even on holidays and weekends). Other provisions of note include a prohibition on "noisy animals" (one that habitually howls, yells, barks or makes other noise that unreasonably disturbs); a prohibition on the keeping of any "wild species" as defined by Section 2118 of the Cal. Fish & Game Code; and a leash/tether/grasp requirement when a dog is off its owner's premises.

This comprises Santa Cruz County's animal-related ordinances. Santa Cruz County has a mandatory sterilization ordinance, which states that a dog or cat over the age of 6 months must be spayed or neutered unless such person holds an unaltered animal certification for the animal (excepting law enforcement dogs, service dogs, dogs or cats with health problems that prevent sterilization, herding dogs, or dogs or cats boarded in a business for training or resale). The code also has a section on feral cats, defined as felines that are wild by nature or no longer domesticated. It is unlawful for a person to intentionally provide food, water, or other forms of sustenance to a feral cat colony unless that person has registered with the county, and complies with the requirements (e.g., regularly trapping the cats for sterilization, testing trapped cats for feline leukemia, "ear tipping" for identification, rabies vaccination, and regularly feeding the colony even on holidays and weekends). Other provisions of note include a prohibition on "noisy animals" (one that habitually howls, yells, barks or makes other noise that unreasonably disturbs); a prohibition on the keeping of any "wild species" as defined by Section 2118 of the Cal. Fish & Game Code; and a leash/tether/grasp requirement when a dog is off its owner's premises.

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).

AZ - Phoenix - Chapter 8 - ANIMALS.

Summary:

The following comprises Phoenix, Arizona's animal-related ordinances. Topics include the keeping of reptiles or wild animals, vicious animal provisions, and sections addressing animal cruelty. An entire article (Article IV) deals with the confinement of animals in motor vehicles.

The following comprises Phoenix, Arizona's animal-related ordinances. Topics include the keeping of reptiles or wild animals, vicious animal provisions, and sections addressing animal cruelty. An entire article (Article IV) deals with the confinement of animals in motor vehicles.

City of Water Valley v. Trusty

Summary: Appellants filed b ill of complaint seeking to enjoin enforcement of city's dog leash ordinance.  The court summarily held that Mississippi Code Annotated s 21-19-9 (1972) authorizes municipalities to regulate the running at large of animals of all kinds. The ordinance here was enacted pursuant to that authority, it meets the constitutional requirements, and the demurrer should have been sustained on that question.

Appellants filed b ill of complaint seeking to enjoin enforcement of city's dog leash ordinance.  The court summarily held that Mississippi Code Annotated s 21-19-9 (1972) authorizes municipalities to regulate the running at large of animals of all kinds. The ordinance here was enacted pursuant to that authority, it meets the constitutional requirements, and the demurrer should have been sustained on that question.

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.

City of Armidale v Kiraly

Summary:

The respondent, an owner of a brindle boxer dog, was charged with the dog attacking a person and for having the dog in a public place without a leash. The dog had escaped from the respondent's house and allegedly ran to and lunged at a lady delivering pamphlets. On appeal, the question of whether the dog's behaviour constituted an 'attack' for the purposes of the Dog Act 1976 (WA) s 33D(1) was a question of fact to be determined by the trial judge and, accordingly, the appeal was dismissed.

The respondent, an owner of a brindle boxer dog, was charged with the dog attacking a person and for having the dog in a public place without a leash. The dog had escaped from the respondent's house and allegedly ran to and lunged at a lady delivering pamphlets. On appeal, the question of whether the dog's behaviour constituted an 'attack' for the purposes of the Dog Act 1976 (WA) s 33D(1) was a question of fact to be determined by the trial judge and, accordingly, the appeal was dismissed.

Settle v. Commonwealth

Summary:

The defendant-appellant, Charles E. Settle, Jr., was convicted of two counts of inadequate care by owner of companion animals and one count of dog at large under a county ordinance, after Fauquier County Sherriff's officers were dispatched to his home on multiple occasions over the course of one calendar year in response to animal noise and health and safety complaints from his neighbors.  Consequently, all of the affected dogs were seized from Settle and relocated to local animal shelters.  The trial court also declared three of the animals to be dangerous dogs pursuant to another county ordinance.  The Court of Appeals of Virginia held that: (1) because the forfeiture of dogs was a civil matter the Court of Appeals lacked subject matter jurisdiction and was not the proper forum to decide the case; (2) that Settle failed to join the County as an indispensible party in the notice of appeal from conviction for the county ordinance violation; and (3) that the evidence was sufficient to identify Settle as the owner of the neglected companion animals.

The defendant-appellant, Charles E. Settle, Jr., was convicted of two counts of inadequate care by owner of companion animals and one count of dog at large under a county ordinance, after Fauquier County Sherriff's officers were dispatched to his home on multiple occasions over the course of one calendar year in response to animal noise and health and safety complaints from his neighbors.  Consequently, all of the affected dogs were seized from Settle and relocated to local animal shelters.  The trial court also declared three of the animals to be dangerous dogs pursuant to another county ordinance.  The Court of Appeals of Virginia held that: (1) because the forfeiture of dogs was a civil matter the Court of Appeals lacked subject matter jurisdiction and was not the proper forum to decide the case; (2) that Settle failed to join the County as an indispensible party in the notice of appeal from conviction for the county ordinance violation; and (3) that the evidence was sufficient to identify Settle as the owner of the neglected companion animals.

Com. v. Raban

Summary:

Defendant was convicted of violating the dog law for failing to properly confine his dog after it escaped from his property and attacked another dog. On appeal, the Superior Court affirmed, holding that 1) scienter was not a necessary element of the violation because the statutory mandate to confine a dog was stated absolutely, and 2) a dog attack is not a de minimis infraction that would preclude a conviction.

Defendant was convicted of violating the dog law for failing to properly confine his dog after it escaped from his property and attacked another dog. On appeal, the Superior Court affirmed, holding that 1) scienter was not a necessary element of the violation because the statutory mandate to confine a dog was stated absolutely, and 2) a dog attack is not a de minimis infraction that would preclude a conviction.

State v. Conte

Summary:

Plaintiff-appellant, State of Ohio/City of Bexley, appeals from a judgment of the Franklin County Municipal Court dismissing the indictment against defendant-appellee, Joseph Conte. Appellant cited appellee for violating Bexley City Code 618.16(e), entitled “Dangerous and Vicious Animal.” Two days later, animal control then issued another citation against appellee for allowing his dog to run free without restraint in violation of Bexley City Code Section 618.16(e). In granting appellee's motion to dismiss, the trial court struck down a portion of Bexley City Code 618.16(e) as unconstitutional that provided that the owner of a vicious or dangerous animal shall not permit such animal to run at large. On appeal, this court found that the ordinance was not unconstitutional where the prosecution must prove at trial that the dog is vicious or dangerous as an element of the offense. 

Plaintiff-appellant, State of Ohio/City of Bexley, appeals from a judgment of the Franklin County Municipal Court dismissing the indictment against defendant-appellee, Joseph Conte. Appellant cited appellee for violating Bexley City Code 618.16(e), entitled “Dangerous and Vicious Animal.” Two days later, animal control then issued another citation against appellee for allowing his dog to run free without restraint in violation of Bexley City Code Section 618.16(e). In granting appellee's motion to dismiss, the trial court struck down a portion of Bexley City Code 618.16(e) as unconstitutional that provided that the owner of a vicious or dangerous animal shall not permit such animal to run at large. On appeal, this court found that the ordinance was not unconstitutional where the prosecution must prove at trial that the dog is vicious or dangerous as an element of the offense.