Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Detailed Discussion of South Dakota Great Ape Laws | Rebecca F. Wisch | Animal Legal & Historical Center | The following article discusses Great Ape law in South Dakota. Generally, in South Dakota, it is unlawful to possess a great ape in the state of South Dakota under the state’s endangered species law. Violation of that chapter is a misdemeanor.In the event that the endangered species law is bridged, South Dakota requires possessors of “captive nondomestic mammals” to obtain a permit. Additionally, great apes are generally protected from intentional abuse and neglect under the state’s anti-cruelty law. The law excludes properly conducted scientific experiments or investigations performed by personnel following guidelines established by the National Institute of Health and the United States Department of Agriculture |
| Overview of Lost Dog Legal Issues | Rebecca F. Wisch | Animal Legal & Historical Center |
This summary discusses the state laws that govern the status of a "lost dog." The common law rules regarding lost property are applied as well as the state "lost property" statutes. |
| FAQ: Dogs in Restaurants | Rebecca F. Wisch | Animal Legal & Historical Center | This FAQ explores what states have laws concerning dogs in outdoor dining area of restaurants. As of 2023, 23 states have laws or administrative regulations that allow patrons to bring pet dogs to outdoor dining spaces in restaurants. Some laws require that the local unit of government first enact an ordinance allowing the activity. |
| Brief Summary of Landlord Liability for Injury by Tenant's Animals | Rebecca F. Wisch | Animal Legal & Historical Center |
This brief overview discusses when and how a landlord may be liable for injuries caused by a tenant's animal. In short, it outlines what constitutes negligence for a landlord in such circumstances for most jurisdictions. |
| Summary of State Lost Property Statutes | Rebecca F. Wisch | Animal Legal & Historical Center |
This summary provides links to the twenty or so states that have enacted lost and found property statutes. These statutes outline a procedure finders must follow when finding lost property, which supplement traditional property laws. |
| Overview of the Bald and Golden Eagle Protection Act | Rebecca F. Wisch | Animal Legal & Historical Center |
This overview of the Bald and Golden Eagle Protection Act provides annotations that link into a more detailed legal discussion of the Act. The summary reviews the historical underpinnings behind the passage of the Act and an examination of the major amendments to the original Act. Finally, the legal issues and controversies spawned by challenges to the Act are briefly summarized. |
| Emotional Assistance Animals in Rental Housing: A How-to Guide | Rebecca F. Wisch | Animal Legal & Historical Center |
This article provides some general information on how to seek help when a person needs an emotional support animal to function in daily life and a landlord enforces a "no pets" policy. |
| Overview of States that Prohibit BSL | Rebecca F. Wisch | Animal Legal & Historical Center | This document lists the states that prohibit the regulation of dogs by local governments based on breed, commonly known as breed-specific legislation. The laws are divided into two general categories: (1) states that prohibit breed-specific legislation (BSL) in all animal regulation (10 states); and (2) states that prohibit BSL in dangerous/vicious dog laws (16 states). In total, there are approximately 22 states with some sort of anti-BSL legislation (combining both (1) and (2) together, and not counting DE, IL, and VA twice because they have both such laws). The pertinent part of the legislation is included in this list as well as a link to the actual laws. A further distinction has to be made in the application of some of these laws in the dangerous dog category. Some laws state that municipalities may not regulate dangerous dogs based solely on breed while other laws simply say that breed cannot be used to prove a dangerous dog declaration. |
| Detailed Discussion of Utah Great Ape Laws | Rebecca F. Wisch | Animal Legal & Historical Center | The following article discusses Great Ape law in Utah.Utah does not have a law dealing with great apes, but addresses use and possession through regulations issued under the authority of the state’s Wildlife Resources Code. Additionally, only some great apes are protected under Utah’s anti-cruelty laws. The law prohibits both affirmative acts of cruelty such as torture or unjustified killing, and the failure to provide necessary food, water, care, or shelter for an animal in the person's custody. Exceptions to the definition of “animal” exclude those animals owned or kept by a AZAA accredited zoological park or temporarily in the state as part of a circus or traveling exhibitor licensed by the USDA. |
| Overview of the Migratory Bird Treaty Reform Act (MBTRA) | Rebecca F. Wisch | Animal Legal & Historical Center |
This overview discusses the recent amendment to the Migratory Bird Treaty Act (MBTA). Under a bill introduced in May of 2004, all bird species not considered "native" to the United States would be excluded from protection. This new law, known as the Migratory Bird Treaty Reform Act, has been the center of much controversy, especially as it concerns the cause of mute swans in the U.S. It became law on December 8, 2004, as part of the Consolidated Appropriations Act of 2005. |