United States

Lunon v. Botsford

Summary: Lunon had a German Shephard as a breed dog, named Bibi, which had gotten loose and was turned into the local animal shelter. The animal control officer failed to scan the dog for a microchip. After five days at the animal shelter, Bibi was sterilized and adopted out. Lunon was able to recover his dog through a replevin action, however, Lunon claimed that his fourteenth amendment right to procedural due process was violated when Bibi was spayed and adopted out without providing pre-deprivation notice and an opportunity for Lunon to be heard. Lunon filed suit against the animal control officer, two directors of the animal shelter in Pulaski County, the city of North Little Rock, Pulaski County, the Pulaski County Animal Shelter, and the North Little Rock Animal Shelter. The defendants removed the case to federal court and sought summary judgment. The district court did not grant summary judgment and the defendants appealed. The Court found that the animal control officer picking up Bibi and delivering her to the animal shelter did not deprive Lunon of a protected property interest. There is no constitutional duty for an animal control officer to scan a stray dog for a microchip. Therefore, the animal control officer was not liable. The public officials that participated in this action were all protected under governmental immunity because Lunon failed to demonstrate that each individual defendant violated his constitutional right to due process. The Court ultimately reversed the order of the district court and remanded with directions to enter judgment dismissing those claims with prejudice.

MN - Health - 1721.0500. IMPORTATION OF DOGS, CATS, OR FERRETS.

Summary: This Minnesota regulation states that, unless otherwise provided, a dog, cat, or ferret imported into the state must be accompanied by a certificate of veterinary inspection. A dog, cat, or ferret three months of age or older imported into the state must be currently vaccinated for rabies unless they meet all conditions of subpart 1, item D, or are exempted by the board based on the written recommendations of a licensed veterinarian who has examined the animal and who has determined that vaccination is contraindicated due to a medical condition.

Montana - Health - 32.3.213. SPECIAL REQUIREMENTS FOR DOGS AND CATS

Summary: This Montana regulation states that dogs and cats may enter the state of Montana provided they are accompanied by an official health certificate of the state of origin issued by an accredited veterinarian and officially vaccinated by a licensed veterinarian against rabies in accordance with procedures recommended in the latest version of the U.S. Public Health Compendium for rabies vaccine. Rabies vaccination requirements do not apply to puppies and kittens under three months of age.

KS - Rabies - 9-18-5 Importing dogs and cats.

Summary: This Kansas regulation states that dogs and cats shall not be imported into Kansas unless accompanied by a certificate of veterinary inspection issued by a licensed veterinarian and vaccinated against rabies with a product licensed by the U.S.D.A., with the duration of immunity and method of administration in accordance with the manufacturer's guidelines. Dogs and cats under three months of age shall not be required to be vaccinated against rabies.

GA - Rabies - 40-13-2-.19. Pets.

Summary: This Georgia regulation states that all dogs and cats twelve (12) weeks of age or older entering Georgia must have proof of a current and approved rabies vaccination in accordance with the most recent Compendium of Animal Rabies Control published by the National Association of State Public Health Veterinarians, Inc. It also provides other requirements for importation of pets.

OK - Rabies - 310:599-3-9.1. Required immunization of dogs, cats, and ferrets

Summary: This Oklahoma regulation states that the owner or custodian of a domestic dog, cat, or ferret shall cause the animal to be vaccinated against rabies by the time the animal is four months of age and at regular intervals thereafter according to the label directions of an approved rabies vaccine for use in that species, or as prescribed by ordinances or rules adopted by a municipality within whose jurisdiction the animal owner resides.

NV - Rabies - 441A.435. Owner required to maintain dog, cat or ferret currently vaccinated

Summary: This Nevada regulation states that an owner of a dog, cat or ferret shall maintain the dog, cat or ferret currently vaccinated against rabies in accordance with the provisions of this section and the recommendations set forth in the Compendium of Animal Rabies Prevention and Control, 2008 edition, published by the National Association of State Public Health Veterinarians, Inc. A licensed veterinarian may exempt a dog, cat or ferret from vaccination for health reasons.