Impound or Animal Control
Title |
Summary |
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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. |
| Mahan v. State | Mahan had over 130 animals on her property. Alaska Equine Rescue went to check on the condition of the animals at the request of her family members. The animals were in poor health and were removed by Alaska State Troopers and the Rescue. The animals were then placed in foster homes. The defendant's attorney requested a writ of assistance to require law enforcement to assist and force the foster families to answer a questionnaire. The appellate court held that the families were under no legal obligation to answer the questionnaire unless the court were to issue a deposition order and the families were to be properly subpoenaed. The district court's denial of the writ was upheld. Mahan's attorney also asked for a change of venue due to the publicity the case garnered. The court held the defendant was not entitled to a change of venue when 15 jurors had been excused and there was no reason to doubt the impartiality of the jurors who were left after the selection process. There was no indication that the jurors were unable to judge the case fairly. Mahan's attorney also filed a motion to suppress a majority of the evidence, claiming that the Rescue and law enforcement unlawfully entered the property. The judge stated he would rule on the motion if it was appropriate to do so. The judge never ruled on the motion. To preserve an issue for appeal, the appellant must obtain an adverse ruling, thus it constituted a waiver of the claim. Mahan was also prohibited from owning more than one animal. She offered no reason why this condition of probation was an abuse of the judge's discretion, therefore it was a waiver of this claim. Lastly, although the Rescue received donations from the public to help care for the animals, that did not entitle Mahan to an offset. Restitution is meant to make the victims whole again and also to make the defendant pay for the expense caused by their criminal conduct. |