Impound or Animal Control
Title |
Summary |
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| Larry Ciaccio, Appellant v. City of Port St. Lucie Animal Control Department, Appellee |
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| Laws Regulating Rescue and Foster Care Programs for Companion Animals | |
| Lay v. Chamberlain | Chamberlain owned a dog breeding kennel with over one hundred fifty dogs. An investigation was conducted when the Sheriff's Office received complaints about the condition of the animals. Observations indicated the kennel was hot, overcrowded, and poorly ventilated. The dogs had severely matted fur, were sick or injured, and lived in cages covered in feces. Dog food was moldy and water bowls were dirty. Many cages were stacked on top of other cages, allowing urine and feces to fall on the dogs below. A court order was granted to remove the dogs. The humane society, rescue groups, and numerous volunteers assisted by providing food, shelter, grooming and necessary veterinary care while Chamberlain's criminal trial was pending. Chamberlain was convicted of animal cruelty. The organizations and volunteers sued Chamberlain for compensation for the care provided to the animals. The trial court granted the award and the appellate court affirmed. Ohio code authorized appellees' standing to sue for the expenses necessary to prevent neglect to the animals. The evidence was sufficient to support an award for damages for the humane society, the rescue groups, and the individual volunteers that protected and provided for the well-being of the dogs during the months of the trial. |
| Liberty Humane Soc., Inc. v. Jacobs |
This case concerns the authority of the Department of Health to revoke certifications of animal control officers who willfully contravened the state law on impounding dogs. The court found that “[s] ince the Department acknowledged that it is charged with revoking certifications of animal control off icers when those officers pose ‘ a threat to the health and safety’ of the community, it should follow that allegations of officers willfully and illegally taking a dog from its owner and falsifying records to claim it a stray so as to expose it to adoption by another or euthanasia calls for the Department to take action. ” It would be both arbitrary and capricious for the Department to ignore its duty to determine if revocation of certification is required. |
| Lira v. Greater Houston German Shepherd Dog Rescue, Inc. |
In this case, plaintiff’s family dog, a German Shepherd named Monte, ran away and was rescued by Greater Houston German Shepherd Dog Rescue (GHGSDR). The organization refused to return the dog to plaintiff, so plaintiff filed suit against GHGSDR. The court found that there is no common law that states that a dog owner loses property rights to its dog if it runs away and is found by someone else. The court also looked to whether or not there was a city ordinance that would determine the proper ownership of the dog. Ultimately, the court found that the city ordinance regarding stray dogs did not strip the plaintiff of ownership rights because the dog had run away. The court also held that if there were any doubts as to the meaning of the ordinance, it should always be read “against a forfeiture of property.” The Supreme Court of Texas reversed judgment of the court of appeals and rendered judgment reinstating the trial court's judgment that Monte belonged to the Liras and the court properly enjoined GHGSDR to return him to his owners. |
| Long v. Noah's Lost Ark, Inc. |
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| Looking for a Good Home: Balancing Interests in the Disposition of Impounded Animals to Owners and Rescues | This Article explores the scope of governmental authority to interfere with or terminate the property rights of pet owners in the interest of efficiency and effectiveness. Part I sets out the regulatory framework for local animal control programs, describing the process for handling and disposing of stray animals and the provisions designed to help reunite owners with their pets. Part II then turns to the issue of post-redemption ownership, discussing the recognized reach of the law and its limitations as well as the cases that have contemplated termination of an owner’s rights to a pet. Part III explores the policy reasons that support a clear demarcation of when ownership of an unclaimed, impounded animal should be established in the government, making possible a clear transfer of title from a public shelter to an adopter or transferee, and Part IV suggests means by which a local government might increase the possibility of reuniting an owner with a pet within the appropriate timeframe to avoid the conflicts created by late-redeeming owners. |
| Lost and Found: Humane Societies' Rights and Obligations Regarding Companion Animal Ownership |
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| Lost Dogs | |
| MA - Dog - Consolidated Dog Laws | These Massachusetts statutes comprise the state's dog laws. Among the provisions include licensing laws, dangerous dog laws, and rabies vaccination provisions. |