Impound or Animal Control

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Titlesort descending Summary
RI - Dogs - Consolidated Dog Laws These statutes comprise Rhode Island's dog laws. Among the provisions include licensing requirements, which are specified by county or town, vicious dog laws, and euthanasia provisions.
RI - Impound - § 4-13-15. Collaring of dogs--Impoundment and disposition of uncollared dogs This Rhode Island statute provides that every owner of a dog must collar his or her dog around its neck and distinctly marked with its owner's name and its registered number. Interestingly, it states that "any person" may cause any dog not so collared to be impounded in the public pound of the town or city where the dog is found. Further, if the dog is not claimed by its owner within a period of five days after the impoundment, the dog may be disposed of or destroyed. This statute also provides additional specific provisions for the towns of Glocester, West Warwick, and Exeter.
RI - Ordinances - § 4-13-8. Disposition of license fees This Rhode Island statute provides that towns and cities may adopt ordinances or regulations concerning the use of money received for dog licenses.
RI - Spay/Neuter - Chapter 19. Animal Care. § 4-19-18. Penalties for violations This Rhode Island statute provides that violations of Sec. 4-19-16, relating to the mandatory spay/neuter agreement from a licensed releasing agency. Violations of the written agreement executed pursuant to § 4-19-16 by an adopting party are punishable by a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($150) for the second offense and four hundred dollars ($400) for the third and subsequent offenses. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat.
Rivero v. Humane Soc. of Fayette County
Plaintiffs brought action against Defendants under 42 U.S.C. § 1983 alleging Defendants violated their First and Fourth Amendment rights under the United States Constitution after Defendant dog control officers removed Plaintiffs’ dog from their home during an investigation into a report of a dead dog.

 

The United States District Court, W.D. Pennsylvania granted Defendant Township’s motion for partial summary judgment, finding that Plaintiffs’ allegations, standing alone, do not state a claim against Defendant-Township, and that Plaintiffs failed to provide any factual support for their state law claims.
RU - Cruelty - Responsible Treatment of Animals The Law on Responsible Treatment of Animals, signed by Vladimir Putin in 2018, prohibits the killing of animals “under any pretext.” The law also outlaws shooting or poisoning stray dogs and cats, which has occurred in Russian cities in recent years according to news sources. Under the law, owners must keep their pets in proper conditions and homeless animals must be taken-up, vaccinated, sterilized, and then released by local agencies. One of the primary purposes of the laws is to ban petting zoos at malls and the practice of bars and restaurants hosting animals. The conducting of animal fights is also banned under the new law.
Ruiz v. Franklin County Animal Control


This North Carolina case is an appeal from a denial of summary judgment in favor of Franklin County Animal Control. Defendants argue that the trial court erred by declining to enter summary judgment in their favor on the basis of governmental immunity. The appellate court agreed, reversed the trial court's decision, and remanded for an entry of summary judgment for defendants. The court found that there is no dispute in the record that Franklin County Animal Control and Stallings, in his official capacity as an Animal Control Officer, were performing a governmental function in impounding and euthanizing plaintiff's dog. Further, plaintiff failed to allege in her complaint that defendants waived governmental immunity, subjecting her action to dismissal.

SAM LAMBERT & ANDRIA LAMBERT v. SALLY MORRIS & STEVE HAIR Plaintiffs Sam Lambert and Andria Lambert appeal the trial court's granting of summary judgment in this lost dog case. Specifically, plaintiffs filed an action against defendants Sally Morris and Steve Hair alleging conversion, civil conspiracy, unfair and deceptive trade practices, and intentional or reckless infliction of emotional distress, as well as injunctive relief and damages related to the disappearance of their dog, Biscuit. Biscuit went missing in August of 2015. After searching for Biscuit for several days, plaintiffs contacted the local animal control and posted Biscuit as a lost dog on animal control's unofficial Facebook page. Over a month later, a citizen brought Biscuit (who had no microchip or collar on) to animal control where she was placed in a holding cell. After the 72-hour hold, Biscuit was transferred to the Humane Society. Biscuit was spayed and examined by a veterinarian, and a picture was posted on the Humane Society website. At the vet exam, tumors were discovered in Biscuit's mammary glands and so surgery was performed, some of it paid for by defendant Hair. Hair eventually adopted Biscuit. Almost a year later, plaintiffs found an old picture of Biscuit on the Humane Society Facebook page and attempted to claim Biscuit. Defendant Hair learned of this and requested that plaintiffs reimburse for veterinary expenses, to which they agreed. After some discussion, Hair learned plaintiffs had over 14 dogs and refused to return Biscuit without a home inspection. That caused a heated discussion and the meeting between plaintiffs and defendant ended without the dog returning. About a month later, plaintiffs filed suit against defendants, whereupon defendants filed a motion for summary judgment. On appeal here, the court first noted that, per state law, an animal shelter hold a lost or abandoned dog for at least 72-hours. Here, animal control satisfied its legal duty by keeping Biscuit in custody for the required holding period before transferring her to the Humane Society. Thus, plaintiffs lost any ownership rights to Biscuit after the 72-hour mark. Moreover, almost a month had passed between the time Biscuit was taken in by animal control and the formal adoption by defendant Hair at the Humane Society. As a result, the court found that Hair was the rightful owner of Biscuit and was entitled to negotiate with plaintiffs as he saw fit. Thus, no genuine issues of material fact existed for plaintiffs at trial. Accordingly, the trial court did not err in granting summary judgment to defendants and dismissing plaintiffs’ claims.
Santa Paula Animal Rescue Center, Inc. v. County of Los Angeles This case was brought by plaintiff-appellants, several no-kill animal shelters, against defendant-appellee the County of Los Angeles. Plaintiffs filed a petition for writ of mandate against defendant seeking to compel the release of impounded dogs scheduled for euthanasia to plaintiffs. The court sustained defendant’s demurrer without leave to amend, and this appeal followed. Plaintiffs argue on appeal that the Hayden Act imposes a duty on defendant to release the dogs scheduled for euthanasia to plaintiffs. First, the court asked whether defendant had discretion to refuse to release, and then to euthanize, a dog deemed to have behavioral problems when release has been requested by a non-profit animal adoption or rescue organization? Second, the court asked if defendant had discretion to determine and impose requirements for organizations that claim to be animal rescue or adoption organizations to qualify as such, beyond simply ensuring that the organizations are non-profits under section 501(c)(3) of the Internal Revenue Code? The court examined the relevant code, which stated that “any stray dog that is impounded pursuant to this division shall, before the euthanasia of that animal, be released to a nonprofit” and agreed with plaintiffs’ argument that the use of the word shall indicates that the legislature intended to impose a duty on defendant to release these dogs upon request to qualified nonprofit animal rescue or adoption agencies. The court also concluded that the demurrer was improperly granted as defendant lacked discretion to withhold and euthanize a dog based upon its determination that the animal has a behavioral problem or is not adoptable or treatable. The court agreed, however, that defendant had discretion to determine whether and how a non-profit organization qualifies as an animal adoption or rescue organization. The court reversed the judgment of the trial court, vacated the trial court’s order sustaining the demurrer without leave to amend, and remanded to the trial court.
SC - Dog - Consolidated Dog Laws These statutes comprise South Carolina's state dog laws. Among the provisions include laws concerning damage done by dogs (especially to livestock), rabies control provisions, and registration requirements.

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