Impound or Animal Control

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Titlesort descending Summary
Detailed Discussion of State Dog Impound Laws


This paper explores state and municipal dog impound laws, focusing specifically on loose dog laws, dogs chasing livestock laws, and public health laws. In doing so, the paper examines grants of police power to seize and destroy dog and what due process requirements constrain these state actions.
Detailed Discussion of the Laws Regulating Rescue and Foster Care Programs for Companion Animals This article will focus primarily on the rescue and foster care issues. Some of the types of laws that impact companion animal rescue and foster care organizations include legislative definitions, licensing, sterilization and vaccination, pet limit laws, zoning and nuisance laws, tethering laws, Breed Specific Legislation (or BSL), tort liability, and reimbursement for medical care in cruelty cases. While some examples will be given here, a rescue organization or foster care provider should check the specific state and city laws where they are located.
Dicesare v. Stout


The plaintiff was convicted under an Oklahoma anti-cruelty statute after officer seized his malnourished and neglected horses.  Later, plaintiff brought suit against the officers under 42 U.S.C 1983 claiming that the officers had violated his Fourth Amendment rights under the United States Constitution.  The court dismissed the plaintiff's claim after it determined that

 a horse corral near a home was not protected by the Fourth Amendment where the area was used for pastureland and the fence enclosing the area did not and was not intended to prevent the public from viewing the area. 

    
Dog Impound Laws
Dutka v. Cassady A rescue organization had adopted out a dog. The new owners were walking the dog unleashed when it attacked another dog. The plaintiff's filed a complaint of common law negligence and recklessness, which alleged that the rescue organization should have known and should have warned them of the dangerous tendencies of the specific dog but failed to do so. Connecticut law imposed strict liability on an owner or keeper of such an animal, and the statute had not been expanded to include the seller or transferor. The issue then was whether the court should expand the scope of such a negligence claim and create a duty of care owed by transferors or sellers of dogs with known and/or unknown propensities for aggression. The court found that there was no support for expanding liability in common law negligence when the organization in this case did not own, possess, harbor or control the dog. The court declines to impose a duty on the rescue agency to inform adoptive families.
Eastern Band Cherokee - Animal Control - Sec. 19.1, Animal Control Department

This section of the Eastern Band Cherokee Code describes the purpose of the Tribe's Animal Control Department. The Eastern Band Cherokee Animal Control Code includes Sections 19.1 through 19.7. Each section addresses a different topic within the Tribe's animal control, ranging from administrative purposes to restrictions and regulations.
Ecuador - Dog control - Acuerdo Nº 0116 This regulation has been in effect since 2009, and it seeks to regulate the responsible ownership of dogs. It focuses on those breeds that are not recommended as pets because they are considered dangerous. This is with the purpose of protecting the health and life of the citizens (Article 1). This regulation establishes the standards of welfare for the keeping of dogs, duties, and obligations of owners and keepers. It regulates the breeding and commercialization of dogs, population control, dogs as companion animals, dangerous dogs, working dogs, and service dogs.
Ecuador - Stray animals - Ley 67, 2006 The excerpt from the organic law for health corresponds to the treatment of companion and stray animals. Article 123 establishes that domestic animal owners must vaccinate their animals against rabies and other diseases the health authority considers a risk to human health. Owners are also responsible for keeping their animals in conditions that do not risk human health and environmental hygiene. Under the same article, municipalities, in coordination with the health authority, control and handle stray animals.
England - Dogs - The Microchipping of Dogs (England) Regulations 2015
Erie County Society ex rel. Prevention of Cruelty to Animals v. Hoskins


In this action, plaintiff animal society appeals from an order to return 40 horses to defendant after they were seized pursuant to a warrant. The issue of whether the Court has the authority to order return of animals to the original owner was raised for the first time on appeal. Despite the  procedural impropriety, the Court found plaintiff's contention without merit. The Court held that the return of the horses is based on principles of due process, not statutory authority.

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