United States

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Baker v. Middleton (unpublished opinion)

Summary: In Baker , the defendant fed and watered four cats that lived in the neighborhood. These cats damaged the plaintiff’s home, destroying insulation, a vapor barrier, and duct work. The cats also urinated and defecated in the crawl space of the home. In the Superior Court, the plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. The court found, however, that since the defendant was participating in a Trap Neuter and Release program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. The court went on to reject two alternative theories of negligence also proffered by the plaintiff. The plaintiff had therfore failed to establish that the defendant was negligent in her actions and judgment was entered in favor of the defendant.

In Baker , the defendant fed and watered four cats that lived in the neighborhood. These cats damaged the plaintiff’s home, destroying insulation, a vapor barrier, and duct work. The cats also urinated and defecated in the crawl space of the home. In the Superior Court, the plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. The court found, however, that since the defendant was participating in a Trap Neuter and Release program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. The court went on to reject two alternative theories of negligence also proffered by the plaintiff. The plaintiff had therfore failed to establish that the defendant was negligent in her actions and judgment was entered in favor of the defendant.

Animal Law Review Index

Animal Law Review

The Animal Law Review is published by the students of the Law School of Lewis and Clark University just outside Portland, Oregon, USA.

It was the first law review to focus on legal animal issues and has been doing so since 1995. Eventually, all the volumes will be posted on this site.

Anyone seeking a reprint of a volume or subscription information can fins subscription information at Animal Law Review https://law.lclark.edu/law_reviews/animal_law_review/

Investigation of Maquoketa's Pit Bull Ban Ordinance and Enforcement

Summary: When a citizen's dog was considered to be a pit bull mix, she was ordered to remove the animal from the city. She filed a complaint to the Iowa Ombudman.The Iowa Ombudsman investigates complaints against Iowa state and local government agencies.The Iowa Ombudsman can investigate agency action and publish a report of findings and make recommendations. This is one of the publications regarding Maquoketa's Pit Bull Ban Ordinance.

When a citizen's dog was considered to be a pit bull mix, she was ordered to remove the animal from the city. She filed a complaint to the Iowa Ombudman.The Iowa Ombudsman investigates complaints against Iowa state and local government agencies.The Iowa Ombudsman can investigate agency action and publish a report of findings and make recommendations. This is one of the publications regarding Maquoketa's Pit Bull Ban Ordinance.

MA - Disaster Planning - Massachusetts Emergency Animal Annex

Summary: The purpose of this plan is to provide for the coordination of various federal, state, local, private and voluntary resources in response to the needs of both privately owned and wild animal care needs before, during, and following a significant natural emergency/disaster or man-made event or animal health emergency.

The purpose of this plan is to provide for the coordination of various federal, state, local, private and voluntary resources in response to the needs of both privately owned and wild animal care needs before, during, and following a significant natural emergency/disaster or man-made event or animal health emergency.

GA - Disaster Planning - Georgia Emergency Operations Plan

Summary: The Georgia Emergency Operations Plan contains several references to pets during state disasters. Specificaly, Emergency Support Function (ESF) #11 considers the need to plan for the "safety and well-being of household pets" and the coordination of "animal evacuation assistance."

The Georgia Emergency Operations Plan contains several references to pets during state disasters. Specificaly, Emergency Support Function (ESF) #11 considers the need to plan for the "safety and well-being of household pets" and the coordination of "animal evacuation assistance."

AL - Disaster Planning - Emergency Support Function (ESF) # 16 Veterinarian Services and Animal Care

Summary: Alabama's Emergency Management Agency coordinates the Emergency Operations Plan, which contains Emergency Support Function (ESF) #11 on Agriculture and Natural Resources. According to that ESF, "[t]he primary purpose of this ESF is to identify animal and agriculture needs in the aftermath of a disaster or emergency. This includes coordinating industry responses to emergencies and providing subject matter experts in all areas of agriculture. Providing necessary leadership and resources for sheltering of animals during times of disasters is another primary responsibility of this ESF, to include coordination with industry stakeholders and organizations that can provide support."

Alabama's Emergency Management Agency coordinates the Emergency Operations Plan, which contains Emergency Support Function (ESF) #11 on Agriculture and Natural Resources. According to that ESF, "[t]he primary purpose of this ESF is to identify animal and agriculture needs in the aftermath of a disaster or emergency. This includes coordinating industry responses to emergencies and providing subject matter experts in all areas of agriculture. Providing necessary leadership and resources for sheltering of animals during times of disasters is another primary responsibility of this ESF, to include coordination with industry stakeholders and organizations that can provide support."

LA - Disaster Planning - State of Louisiana Emergency Operations Plan

Summary: Louisiana's Emergency Operations Plan addresses pets and service animals in several places. The parish office of homeland security and emergency preparedness must make an EOP that includes "temporary sheltering of service animals and household pets in times of emergency or disaster." Addtionally, under Emergency Support Function (ESF) #6, the "Louisiana Department of Agriculture & Forestry (LDAF) will provide for the safety and well-being of household pets and service animals during evacuations and sheltering." Finally, under ESF #11, the plan "outlines how LDAF will initiate a state response to an emergency or disaster affecting agriculture, food, household pets . . ." and indicates that "the LDAF Emergency Programs Director will work with animal planning authorities in each parish to arrange for the humane evacuation, transport, and temporary sheltering of service animals and household pets that need assistance."

Louisiana's Emergency Operations Plan addresses pets and service animals in several places. The parish office of homeland security and emergency preparedness must make an EOP that includes "temporary sheltering of service animals and household pets in times of emergency or disaster." Addtionally, under Emergency Support Function (ESF) #6, the "Louisiana Department of Agriculture & Forestry (LDAF) will provide for the safety and well-being of household pets and service animals during evacuations and sheltering." Finally, under ESF #11, the plan "outlines how LDAF will initiate a state response to an emergency or disaster affecting agriculture, food, household pets . . ." and indicates that "the LDAF Emergency Programs Director will work with animal planning authorities in each parish to arrange for the humane evacuation, transport, and temporary sheltering of service animals and household pets that need assistance."

UT - Agriculture - Title 4 Utah Agriculture Code

Summary: The following statutes detail penalities for violating of the agricultural code. They also contain animal disease control provisions and detail the organization of the Department of Agriculture and Food.

The following statutes detail penalities for violating of the agricultural code. They also contain animal disease control provisions and detail the organization of the Department of Agriculture and Food.
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