United States
Title |
Summary |
|---|---|
| New York Consolidated Laws 1909: Sections 180-196 | Article 16, entitled "Animals," concerns New York's Law about the treatment of animals from 1909. The act covers such topics as the keeping of animals for fighting to abandoning diseased or injured animals. In addition, the act provides definitions in section 180 for important words such as animal and torture. |
| New York Consolidated Laws 1938: Sections 180-196 | Article 16, entitled "Animals", concerns New York's Law about the treatment of animals from 1938. The act covers such topics as poisoning of animals to abandoning diseased or injured animals. In addition, the act provides definitions in section 180. |
| New York Penal Law 1866: Chapter 682: Section 2 | Chapter 682 from New York Penal Law of 1866 covers cruelty to animals. Section 2 from this chapter describes the offense entitled neglect of disabled animals. The law states the penalty for leaving a disabled or diseased animal to die on any state or city land. |
| New York Pet Welfare Ass'n, Inc. v. City of New York |
(Aff'd on appeal to 2nd Circuit: New York Pet Welfare Association, Inc. v. City of New York, 850 F.3d 79 (2d Cir. 2017). Plaintiffs, a non-profit group trade association of pet stores ("NYPWA"), dog and cat breeders and dealers, veterinarians, and pet owners, brought this action against New York City, the city council, and council members, alleging that defendants have adopted laws that violate the Supremacy Clause, the Commerce Clause, the Equal Protection Clause, and the Due Process Clause of the U.S. Constitution, as well as New York law that governs veterinary medicine, the treatment of animals, and equal protection. The challenged law relate to the sale of dogs and cats in the city that require pet stores to obtain pets from Class A USDA licensees in good standing and that the pet stores spay and neuter the pets before selling them. In rejecting NYPWA's federal preemption claim, the court found that the AWA specifically contemplates local regulation in § 2143(a)(8) and previous cases have found no conflict even where the local legislation bans what is otherwise allowed under the AWA. The court also found no conflict with state law (N.Y. Gen. Bus. § 753–d) or other laws concerning veterinary licensing, pet shops, and animal cruelty. In dismissing plaintiff's Equal Protection argument, the court was not persuaded that pet stores and shelters/rescues are "similarly situated" to support the claim. Additionally, the court found a rational basis to support any differential treatment. NYPWA also alleged that the Pet Shop Laws violate the dormant Commerce Clause, arguing that the laws impermissibly regulate extraterritorially and favor local interests. The court found that even if plaintiff's factual allegations were true, the law was not economic protectionism, but an attempt to curb problems with homeless animals and euthanasia. Finally, the court found not due process violations (substantive or procedural) where there is no interference with a constitutionally protected right. NYPWA's motion to dismiss the claims is granted and the motion for preliminary injunction was denied. |
| New York Revised Statute 1881: Chapter 682: Section 26 | Section 26 of Chapter 682 from New York Revised Statutes 1881 concerns the treatment of animals by the owner or any other person. A person found harming such an animal would be guilty of a misdemeanor. |
| New York Revised Statutes 1829: Title 6: Section 26 | The law contained in Title 6, Section 26 of the New York Revised Statutes of 1829 concerns the offense of maliciously killing an animal of another. The statute describes the type of animals covered and the punishment for killing, wounding, or maiming such an animal. In addition, the statute also states the punishment for the offense of cruelty to animals. |
| New York Revised Statutes 1866: Chapter 783: Sections 1-10 | Chapter 783, entitled "An act for the more effectual prevention of animal cruelty," concerns New York's Law on animal treatment for 1866. |
| New York Revised Statutes 1867: Chapter 375: Sections 1-10 | Chapter 375, entitled "An act for the more effectual prevention of animal cruelty," concerns New York's law on animal treatment for 1867. |
| New York Revised Statutes 1874: Chapter 12: Sections 1-8 | Chapter 12, entitled "An act relating to animals," concerns New York's Law about the treatment of animals from 1874. |
| Newell v. Baldridge |
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