Statutes
Statute by category |
Citation | Summary |
|---|---|---|
| MT - Dogs - Consolidated Dog Laws | MCA 7-23-101 to 7-23-105; 7-23-2108 to 7-23-4104; 7-23-4201 to 7-23-4203; 27-1-715; 81-7-401 to 81-7-403; 87-6-106; 87-2-519, 521; 87-3-601, 602; 87-6-404 | These Montana statutes comprise the state's dog laws. Among the provisions include strict liability for all dog bites, authority for counties to enact ordinances regarding dangerous dogs, barking dogs, and destruction of unlicensed dogs, as well as general laws related to registration and licensing. |
| MT - Ecoterrorism - Chapter 30. Protection of Farm Animals and Research Facilities | MCA 81-30-101 to 81-30- 105 | This chapter comprises Montana's Farm Animal and Research Facilities Protection Act." Unlawful acts include exercising control over a facility without consent, damaging or destroying the property of an animal facility, entering an animal facility with the intent to commit a prohibited act, entering an animal facility to take pictures by photograph, video camera, or other means with the intent to commit criminal defamation, and entering an animal facility if the person knows entry is forbidden. A person who has been damaged by reason of a violation of 81-30-103 may bring against the person who caused the damage an action in the district court to recover an amount equal to three times all actual and consequential damages; and court costs and reasonable attorney fees. |
| MT - Endangered Species - Chapter 5. Wildlife Protection. | MCA 87-5-101 to 87-5-132 | These Montana statutes provide the short title for the Nongame and Endangered Species Conservation Act, the definitions associated with the Act, and the legislative policy behind the Act. |
| MT - Equine Activity Liability - Chapter 1. Availability of Remedies--Liability. | MCA 27-1-725 to 27-1-728 | The Montana equine activity liability act provides that it is the policy of the state of Montana that a person is not liable for damages sustained by another solely as a result of risks inherent in equine activities if those risks are or should be reasonably obvious, expected, or necessary to persons engaged in equine activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes willful or wanton disregard for the safety of the participant or intentionally injures the participant. |
| MT - Exotic pets - Chapter 4. Commercial Activities. | MCA 87-4-801 to 87-4-808 | This set of Montana laws covers both "roadside menagerie" (any place where one or more wild animals are kept in captivity for the evident purpose of exhibition or attracting trade, excluding an educational institution or a traveling theatrical exhibition or circus based outside of Montana) and "wild animal menagerie" (any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition). The latter definition seems to cover the keeping of those listed species as exotic pets. Under the section, it is unlawful for any person to operate a roadside menagerie or wild animal menagerie without a permit. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25. |
| MT - Exotic wildlife - Part 7. Importation, Introduction, and Transplantation of Wildlife | MCA 87-5-701 to 87-5-725 | These Montana statutes control the importation, introduction, and transplantation of exotic wildlife into the state. The importation of any wildlife is prohibited unless the species poses no threat of harm to native wildlife and plants or to agricultural production and that the introduction has significant public benefits. Violations may result in a fine or imprisonment. |
| MT - Fur - Chapter 4. Commercial Activities. | MCA 87-4-1001 to 87-4-1014 | In Montana statutes, a person may not own or propagate furbearers unless the person holds a fur farm license. Each licensee must keep records as to the animals and purchasers involved. A fur farm license may be revoked for failure to operate the fur farm according to the provisions. |
| MT - Horse Slaughter - Chapter 9. Slaughter. | MCA 81-9-240, 241 | This Montana statute limits the ability of a court to issue an injunction aimed at delaying or stopping the construction of an equine slaughter or processing facility. Additionally, the law provides that if a person files an action against the operation of an equine slaughter or processing facility and does not prevail, the person is liable for all financial losses the facility suffers if the court issues an injunction that halts operations while the action is pending. |
| MT - Hunting - Chapter 3. Restrictions and Regulations | MCA 87-6-215 | This law represents Montana's hunter harassment law. Under the law, a person may not intentionally interfere with the lawful taking of a wild animal or fishing by another, which includes disturbing a wild animal by engaging in actions or the placement of objects/substances to prevent its taking. This section does not prohibit a landowner or lessee from taking reasonable measures to prevent imminent danger to domestic livestock and equipment. |
| MT - Hunting - Chapter 4. Commercial Activities. | MCA 87-4-401 to 87-4-433 | In Montana, a person may not operate an alternative livestock ranch without a license. Such ranches are defined as enclosed land upon which animals such as privately owned caribou, white-tailed deer, etc, are kept for purposes of obtaining, rearing in captivity, keeping, or selling. The rancher has reporting requirements. Failure to comply with provisions of the act may result in revocation of the license. |
| MT - Initiative - I-177, Initiative to Prohibit Trapping and Snaring of Animals (2016) | I-177 (2016) | Initiative 177 is a law proposed by initiative petition (cited in the law as "Montana Trap-Free Public Lands Act"). According to the official summary, "I- 177 generally prohibits the use of traps and snares for animals on any public lands within Montana and establishes misdemeanor criminal penalties for violations of the trapping prohibitions. I-177 allows the Montana Department of Fish, Wildlife, and Parks to use certain traps on public land when necessary if nonlethal methods have been tried and found ineffective. I-177 allows trapping by public employees and their agents to protect public health and safety, protect livestock and property, or conduct specified scientific and wildlife management activities. I-177, if passed by the electorate, will become effective immediately." A "yes" vote is in favor of the law that would prohibit the use of traps and snares on state public lands. A "no" vote is a vote against the proposed law that would prohibit the public from placing traps and snares on public lands. |
| MT - Initiatives - Constitutional Amendment 41 | Constitutional Amendment 41 (2004) | This 2004 ballot measure was an amendment to the constitution proposed by the legislature. The 2003 Legislature submitted this proposal for a vote. It would amend the Montana Constitution by adding a provision specifically to recognize and preserve the opportunity of Montana citizens to harvest wild fish and wild game animals. The amendment specifies that this new provision does not create a right to trespass on private property or diminish any other private rights. This amendment is effective upon approval by the electorate. It was passed in 2004 by 80.6% of voters. |
| MT - Initiatives - I-143 (game farm reform) | 1-143 (2000) | This initiative would amend state law to prohibit all new alternative livestock ranches, also known as game farms. Existing game farms would be allowed to continue operating, but would be prohibited from transferring their license to any other party. They would also be prohibited from allowing shooting of game farm animals for any type of fee. The proposal also repeals provisions of the law concerning applications for expansion of game farms. If approved by voters, the measure would take effect immediately. It was passed in 2000 by 51.4% of voters. |
| MT - Lost Property - RIGHTS AND DUTIES OF FINDERS GENERALLY | MCA 70-5-101 to 70-5-107 | This section comprises Montana's lost property provisions. |
| MT - Ordinance - Chapter 23. Domestic Animal Control and Protection. | MCA 7-23-2108 | This Montana statute provides that the governing body of the county may regulate, restrain, or prohibit the running at large of dogs by the adoption of an ordinance which substantially complies with state law provisions related to licensing. Violation of an ordinance adopted is a misdemeanor. Additionally, the county governing body is authorized to impound, sell, kill, or otherwise destroy dogs found at large contrary to ordinances. |
| MT - Trusts - Chapter 2. Upc--Intestacy, Wills, and Donative Transfers. | MCA 72-2-1017 | This Montana statute states that a trust for the care of a designated domestic or pet animal is valid (but for no longer than 21 years, even if the trust provides for a longer term). The trust terminates when no living animal is covered by the trust. Extrinsic evidence is admissible in determining the transferor's intent. Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal and a court may reduce the amount of the property transferred if it determines that that amount substantially exceeds the amount required for the intended use. |
| MT - Veterinary - CHAPTER 18. VETERINARY MEDICINE | MCA 37-18-101 to 37-18-807 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. |
| MT - Wolves, gray - 87-1-901. Gray wolf management--rulemaking--reporting | MCA 87-1-901 | This statute provides that the wildlife commission shall establish by rule hunting and trapping seasons for wolves. In addition, the commission shall adopt rules to allow a landowner or the landowner's agent to take a wolf on the landowner's property at any time without the purchase of a Class E-1 or Class E-2 wolf license when the wolf is a potential threat to human safety, livestock, or dogs. |
| MX - Bird - Parrot Ban (DECREE by which article 60 2 to the General Law of Wildlife) | article 60 2 to the General Law of Wildlife |
The ban prohibits the capture, export and import of 22 Mexican parrot species. The ban on imports was needed because most species are shared with Central and South American countries and many were being imported and used as cover up for illegal trade. The ban was approved by Congress last April by consensus and it was originally drafted after a presentation of a 2007 report, "The Illegal Parrot Trade in Mexico: A Comprehensive Assessment." The report revealed for the first time the volume of the illegal trade of parrots within Mexico. An estimated 65,000 -78,500 wild parrots and macaws are captured illegally each year, with more than 75 percent of the birds dying before ever reaching a purchaser. The measure was passed in late October of 2008. |
| MX - Bird - Parrot Ban in Spanish (DECREE by which article 60 2 to the General Law of Wildlife) | artículo 60 Bis 2 a la Ley General de Vida Silvestre |
(Text of law in Spanish). The ban prohibits the capture, export and import of 22 Mexican parrot species. The ban on imports was needed because most species are shared with Central and South American countries and many were being imported and used as cover up for illegal trade. The ban was approved by Congress last April by consensus and it was originally drafted after a presentation of a 2007 report, "The Illegal Parrot Trade in Mexico: A Comprehensive Assessment." The report revealed for the first time the volume of the illegal trade of parrots within Mexico. An estimated 65,000 -78,500 wild parrots and macaws are captured illegally each year, with more than 75 percent of the birds dying before ever reaching a purchaser. The measure was passed in late October of 2008. |
| Myanmar - Animal Welfare - Animal Health and Development Law | The State Law and Order Restoration Council Law No. 13/93 | This Myanmar Law, in English and Burmese, provides for livestock breeding, welfare, animal feed standards, the prevention and control of contagious diseases, inspections, trade, certificates and related fees, and the prevention of cruelty to animals. |
| NC - Animal Shelters - § 153A-442. Animal shelters | N.C.G.S.A. § 153A-442 | This North Carolina statute authorizes counties within the state to establish, maintain, and appropriate available funding for animal shelters. The statute also describes the standards that animal shelters in the county should meet. |
| NC - Assistance Animals - Assistance Animal/Guide Dog Laws | N.C.G.S.A. § 14-163.1, § 168-1 - 13; § 20-175.1 - 175.4 | The following statutes comprise the state's relevant assistance animal and guide dog laws. |
| NC - Commerce - Chapter 113. Conservation and Development. | N.C.G.S.A. § 113-294 | North Carolina law makes it a Class 2 misdemeanor to sell, possess for sale, or buy any wildlife. Further, the law specifically makes it a greater transgression (a Class 1 misdemeanor) to unlawfully take, possess, transport, sell, or buy any dead or alive bald or golden eagle, nest or egg. The taking of other animals listed like bears and cougars also incurs greater penalty. |
| NC - Cruelty - Consolidated Cruelty Laws (Article 47) | N.C.G.S.A.§ 14-360 to 14-369; § 19A-1 - 70; § 114-8.7; § 160A-182, § 14-177; § 153A-127 | This section comprises the relevant North Carolina animal cruelty statutes. The anti-cruelty statute provides that if any person shall maliciously kill, or cause or procure to be killed, any animal by intentional deprivation of necessary sustenance, that person shall be guilty of a Class H felony. If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed any animal, every such offender shall for every such offense be guilty of a Class H felony. This section also makes promoting or conducting a cock fight a misdemeanor and promoting or conducting a dogfight a felony. Other prohibited acts include abandoning an animal, conveying any animal in a cruel manner, and restraining a dog in a cruel manner. This section also includes the civil remedy provisions. |
| NC - Dangerous Dog - Chapter 67. Dogs. Article 1A. Dangerous Dogs. | N.C.G.S.A. § 67-1 to 18; N.C.G.S.A. § 130A-196, 130A-200 | These North Carolina statutes comprise the state's dangerous dog and dog bite laws. Among the provisions include misdemeanor penalties for an owner if a dangerous dog attacks a person and causes physical injuries requiring medical treatment in excess of one hundred dollars ($100.00) and strict liability in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal. Another statute provides that any person brought to receive medical treatment for a dog bite must report it to the local health director and the animal must be confined for a ten day observation period. |
| NC - Dangerous Dogs - Chapter 67. Dogs | N.C.G.S.A. § 67-14.1 | This North Carolina statute provides that any dog which trails, runs, injures or kills any deer or bear on any wildlife refuge, sanctuary or management area designated by the Wildlife Resources Commission, during the closed season for hunting with dogs on such refuge or management area, is hereby declared to be a public nuisance, and any wildlife protector may destroy it by humane method. Any unmuzzled dog running at large in such area shall be impounded and notice shall be published in some newspaper published in the county for two successive weeks. If no owner comes to claim the dog, it may be destroyed within 15 days after publication. |
| NC - Dogs - Consolidated Dog Laws | N.C.G.S.A. § 14-81 to 82; N.C.G.S.A. § 14-401.17; § 19A-20 to 44; § 19A-60 to 69; § 67-1 - 36; § 90-187.7; § 113-291.5; § 130A-184 to 204; § 145-13; § 160A-186; § 160A-212 | These North Carolina statutes comprise the state's dog laws. Among the provisions include pet shop provisions, rabies vaccination laws, and the dangerous dog chapter. |
| NC - Domestic Violence - Chapter 50B. Domestic Violence. § 50B-3. Relief | N.C.G.S.A. § 50B-3 | This North Carolina law reflects the state's provision for protective orders in cases of domestic abuse. Per section (a)(8), a protective order may provide for possession of personal property of the parties, including the care, custody, and control of any animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household. The court may also order a party to refrain from cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household as outline in (a)(9)(b1). |
| NC - Ecoterrorism - § 99A-1. Recovery of Damages for Exceeding the Scope of Authorized Access to Property | N.C.G.S.A. § 99A-1, 2 | This law is known as North Carolina’s Property Protection Act and is what many consider to be a new variation of ag-gag law. § 99A-2 imposes a civil punishment for “exceeding the scope of authorized access to property.” A person exceeds access to authority by intentionally gaining access to the non-public areas of another’s premises and removing (and subsequently distributing) documents, recording images or sounds, placing a camera on the premises, conspiring in organized retail theft, or interfering with property. The punishment for violation of the Property Protection Act can result in equitable relief, compensatory damages, costs and fees, and exemplary damages of $5,000 per day that a defendant has acted in violation. The law is effective January 1, 2016. |
| NC - Endangered Species - Subchapter IV. Conservation of Marine and Estuarine and Wildlife Resources. Article 25. Endangered an | N.C.G.S.A. § 113-331 to 113-350 | This North Carolina statutory section comprises the state's endangered species provisions. Endangered species is defined as any native or once-native species of wild animal whose continued existence as a viable component of the State's fauna is determined by the Wildlife Resources Commission to be in jeopardy or any species of wild animal determined to be an "endangered species" pursuant to the Endangered Species Act. The statute empowers the Wildlife Resources Commission to list species and also outlines the criteria for listing. |
| NC - Equine Activity Liability - Article 1. Equine Activity Liability | N.C.G.S.A. § 99E-1 to 99E-9 | This act stipulates that an equine sponsor or equine professional, or any other person, including corporations and partnerships, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. New provisions added in 2013 now also protect a farm animal activity sponsor, a farm animal professional, or any other person engaged in a farm animal activity, including a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of farm animal activities. However, there are exceptions to this rule: a person, corporation, or partnership will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. |
| NC - Exotic pets - Chapter 153A. Counties. | N.C.G.S.A. § 153A-131; N.C.G.S.A. § 160A-187 | These two North Carolina statutes provide that a city or county may by ordinance regulate, restrict, or prohibit the possession or harboring of animals which are dangerous to persons or property. |
| NC - Foxes- 113-291.4. Regulation of foxes; study of fox and fur-bearer populations | N.C.G.S.A. § 113-291.4 | This statute controls the taking of foxes and the various acceptable methods for doing so. Foxes may be taken with dogs year-round. Foxes are only allowed to be taken by a firearm under certain exceptions and they are not allowed to be taken by any electronic calling device. The statute further states that the Wildlife Resources Commission is directed to study foxes and fur-bearer populations and that subject to the findings from those studies the Commission may open a season if it finds that fox populations in a particular area are adequate to support a harvesting of that population. Lawful methods for taking game animals apply to taking foxes when an open season is declared. The Commission must implement a system of tagging foxes and fox furs with a special tag. No foxes or furs may be sold without a tag. The Commission is also authorized to declare a closed season if it finds that hunting foxes with dogs causes a harmful affect on turkey restoration projects. The Commission also has the authority to establish reasonable population control measures if a contagious animal disease is found in a local fox population. |
| NC - Fur/Dealer Licenses - Chapter 113. Conservation and Development. | N.C.G.S.A. § 113-273 | Defines "dealer" and all rules applicable to obtaining a dealer license. Defines "fur-dealer license" and "fur dealers" as those involved in the lawful buying and selling of wild animals or their skins, pelts, or fur. Defines "controlled hunting preserve operator licenses," "game bird propagation licenses," "furbearer propagation licenses" and "taxidermy licenses." |
| NC - Hotels - § 72-7.1. Admittance of pets to hotel rooms | N.C.G.S.A. § 72-7.1 | This North Carolina laws states that innkeepers may permit pets in rooms used for sleeping purposes and in adjoining rooms. Persons bringing pets into a room in which they are not permitted are in violation of this section and punishable according to subsection (d). All sleeping rooms in which the innkeeper permits pets must contain a sign posted in a prominent place in the room stating that pets are permitted in the room. |
| NC - Hunting - Chapter 113. Conservation and Development. | N.C.G.S.A. § 113-295 | This law reflects North Carolina's hunter harassment provision. Under the law, it is unlawful for a person to interfere intentionally with the lawful taking of wildlife resources or to drive, harass, or intentionally disturb any wildlife resources for the purpose of disrupting the lawful taking of wildlife resources. Incidental interference is excluded from the statute. Violation of this subsection is a Class 2 misdemeanor for a first conviction and a Class 1 misdemeanor for a second or subsequent conviction. |
| NC - Hunting - § 113-291.1A. Computer-assisted remote hunting prohibited | N.C.G.S.A. § 113-291.1A | This North Carolina law states that it is unlawful for a person to engage in computer-assisted remote hunting or provide or operate a facility that allows others to engage in computer-assisted remote hunting if the wild animal or wild bird being hunted or shot is located in this State. |
| NC - Initiatives - Right to Hunt and Fish Amendment | Session Law 2018 - 96 | This amendment would acknowledge the right to hunt, fish and harvest wildlife, and to use traditional methods to hunt, fish and harvest wildlife. The amendment does not define “traditional methods.” |
| NC - Licenses - Chapter 160A. Cities and Towns. | N.C.G.S.A. § 160A-212 | This North Carolina statute provides that a city shall have power to levy an annual license tax on the privilege of keeping any domestic animal, including dogs and cats, within the city. However, this section shall not limit the city's authority to enact related ordinances. |
| NC - Licenses - § 130A-192. Animals not wearing required rabies vaccination tags | N.C.G.S.A. § 130A-192 | This North Carolina statute provides that the Animal Control Officer shall canvass the county to determine if there are any dogs or cats not wearing the required rabies vaccination tag. If the animal is wearing an owner identification tag, or if the Animal Control Officer otherwise knows who the owner is, the Animal Control Officer shall notify the owner in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate within three days. If the animal is not wearing an owner identification tag and the Animal Control Officer does not otherwise know who the owner is, the Animal Control Officer may impound the animal. The duration of the impoundment of these animals shall be established by the county board of commissioners, but the duration shall not be less than 72 hours. During the impoundment period, the Animal Control Officer shall make a reasonable effort to locate the owner of the animal. |
| NC - Lien - Chapter 90. Medicine and Allied Occupations. | N.C.G.S.A. § 90-187.7 | This North Carolina statute provides that any animal placed in the custody of a licensed veterinarian for treatment, boarding or other care, unclaimed by its owner for a period of more than 10 days after written notice by registered or certified mail, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as such custodian may deem proper. The giving of proper notice relieves such custodian of liability resulting from the disposal. |
| NC - Malpractice - Chapter 90. Medicine and Allied Occupations. | N.C.G.S.A. § 90-21.12 | This North Carolina statute provides the standard of health care in actions for damages for personal injury or death arising out of medical-based malpractice. Under the statute, the plaintiff must prove by the greater weight of the evidence that the health care provider’s actions fell below the standards of practice of other health care professionals similarly trained and situated in the same or similar communities. |
| NC - Ordinances - § 160A-186. Regulation of domestic animals | N.C.G.S.A. § 160A-186 | This North Carolina statute provides that a city may by ordinance regulate, restrict, or prohibit the keeping, running, or going at large of any domestic animals, including dogs and cats. The ordinance may provide that animals allowed to run at large in violation of the ordinance may be seized and sold or destroyed after reasonable efforts to notify their owner. |
| NC - Ordinances - § 67-4.5. Local ordinances | N.C.G.S.A. § 67-4.5 | This North Carolina statute provides that nothing in the dangerous dog laws shall be construed to prevent a city or county from adopting or enforcing its own program for control of dangerous dogs. |
| NC - Rabies - § 130A-195. Destroying stray or feral animals in quarantine districts | N.C.G.S.A. § 130A-195 | This North Carolina statute provides that when quarantine has been declared and dogs and cats continue to run uncontrolled in the area, any peace officer or Animal Control Officer shall have the right, after reasonable effort has been made to apprehend the animals, to destroy the uncontrolled dogs and cats and properly dispose of their bodies. |
| NC - Service Animals - § 20-187.4. Disposition of retired service animals | N.C.G.S.A. § 17F-21 (formerly N.C.G.S.A. § 20-187.4) | This statute allows for a retired service animal to be transferred to an officer or employee who had custody of the animal during the animal's public service, a surviving spouse or surviving children of a deceased officer or employee who had custody of the animal during its service, or an organization dedicated to assisting retired service animals. |
| NC - Trusts - § 36C-4-408. Trust for care of animal | N.C.G.S.A. § 36C-4-408 | This North Carolina provides that a trust for the care of one or more designated domestic or pet animals alive at the time of creation of the trust is valid. Further, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the benefit of the designated animal or animals. The trust terminates upon the death of the animal named or the last surviving animal named in the trust. |
| NC - Veterinary - Article 11. Veterinarians. | N.C.G.S.A. § 90-179 to 187.17 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. |
| ND - Assistance Animals - Assistance Animal/Guide Dog Laws | NDCC 25-13-01 to 06 ; 47-16-07.5 - 7.6 | The following statutes comprise the state's relevant assistance animal and guide dog laws. |