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Animal Control Law

Also see State Administrative Law

 

CDC dog bite prevention site.

American Kennel Club dog legislation site (warning, not a public health oriented site, in that it is not supportive of dog restrictions)

Human Rabies Prevention: Recommendations of the Advisory Committee on Immunization Practices United States, 2008

Compendium of Animal Rabies Prevention and Control, 2008 National Association of State Public Health Veterinarians, Inc. (NASPHV)

CDC. Compendium of Measures to Prevent Disease Associated with Animals in Public Settings. Recommendations and Reports Volume 56, No. RR-5 (2007)

Centers for Disease Control and Prevention. Nonfatal Dog Bite–Related Injuries Treated in Hospital Emergency Departments — United States, 2001. MMWR 2003;52:605-610.

Oklahoma AG Opinion on city-state conflicts of laws on breed-specific dog ordinances.

CDC, MMRW - Compendium of Animal Rabies Prevention and Control, 2006

Cases

Strict liablity for dangerous dog breeds - Tracey v. Solesky, 427 Md. 627, 638, 50 A.3d 1075, 1081 (2012), as amended on reconsideration (Aug. 21, 2012). Overturned by legislative action, Courts and Judicial Proceedings. Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action. Subtitle 19. Personal Injury or Death Caused by Dog. § 3-1901. Actions against dog owners for personal injury or death caused by dog.

Ohio allows statutory definition of vicious dog - City of Toledo v. Tellings, 871 N.E.2d 1152, 114 Ohio St.3d 278 (Ohio 2007); also see: Ohio Supreme Court requires hearing to contest administrative determination of dangerousness of a dog before prosecution of the owner - State v. Cowan, 103 Ohio St.3d 144, 814 N.E.2d 846 (Ohio 2004)

Dogs are property but can be destroyed if running loose - Altman v. City of High Point, 330 F.3d 194 (4th Cir.(N.C.) 2003)

No emotional damages for witnessing injury to a dog - Rabideau v. City of Racine, 243 Wis.2d 486, 627 N.W.2d 795 (Wi 2001)

Are Leash Laws Strict Liability Statutes? - Egenreither v. Carter, 23 S.W.3d 641 (Mo.App. E.D. 2000)

Brief - The Reasonable Dog Standard for Dog Bite Cases - Kirkham v. Will, 311 Ill.App.3d 787, 724 N.E.2d 1062, 244 Ill.Dec. 174 (Ill.App. 2000)

Good review of common law tort for bites by bad dogs - Guzman v. Barth, 250 Neb. 763, 552 N.W.2d 299 (Neb. 1996)

Brief - Criminal Liability for a Bad Dog - State v. Bash, 925 P.2d 978, 130 Wash.2d 594 (Wash. 11-07-1996)

Habeas corpus review of an arrest based on a failure to surrender a dog without a warrant - In re Quackenbush, 41 Cal.App.4th 1301, 49 Cal.Rptr.2d 147 (Cal.App. Dist. 1996)

Destroying an animal for rabies testing is not a taking - Raynor v. Maryland Department of Health and Mental Hygiene, 676 A.2d 978, 110 Md.App. 165 (Md.Sp.App. 1996) (ferret)

Habeas corpus review of an arrest based on a failure to surrender a dog without a warrant - In re Quackenbush, 41 Cal.App.4th 1301, 49 Cal.Rptr.2d 147 (Cal.App. Dist. 1996)

Qualified immunity under 1983 for animal control officer - Helms v. Gamet, 828 F. Supp. 819 (D.Colo. 1993)

Animals as products (parrot fever) - Latham v. Wal-Mart Stores, Inc., 818 S.W.2d 673 (Mo.App. E.D. 1991)

Sentell v. New Orleans& C. R. Co., 166 U.S. 698 (1897) - Supreme Court finds dog regulations within the state police power

 

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