Reptiles

US - Lacey Act - Conspiracy Statute

Summary: If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.

CA - Cruelty, exemptions - § 599c. Construction of title; game laws;

Summary: This statute makes it clear that the title is not meant to interfere with “game laws” or the right to destroy venomous reptiles or other dangerous animal. Neither is there an intent to interfere with laws regarding the destruction of certain birds, interfere with the right to kill animals used for food or with scientific experiments.

Rhoades v. City of Battle Ground

Summary:

In this case, exotic animal owners appeal a summary judgment order dismissing their various constitutional challenges to a City of Battle Ground ordinance that prohibits ownership of such animals within city limits.  Specifically, the owners contended that the ordinance violated their right to equal protection under the constitution because it treats those who keep exotic pets within the City differently from those who keep dangerous dogs.  The court held that it was within the city's police power authority to enact these laws if they were supported by a rational relationship.  In fact, the court found that the local legislative body may draw a different conclusion from the Washington Supreme Court in areas of public safety and the exercise of the local government's police powers provided it does not conflict with the general laws of the state.  ( Note :  publication of case ordered Feb. 7, 2003 in 115 Wash.App. 752, 63 P.3d 142 ).

Freel v. Downs

Summary:

Cleveland H. Downs and Walter Smith were informed against for cruelty to animals, and they move to quash complaints. Complaint quashed against defendant Smith, and defendant Downs held to answer.

In re New Jersey Pinelands Com'n Resolution

Summary:

This case concerns the approval of a settlement agreement for a residential development project that contained habitat critical to the survival of a local population of timber rattlesnakes, an endangered species in New Jersey.  The court's review of the record found that there is no reason to interfere with the determination by the Commission, since there was ample evidence to support the Commission's decision to approve the settlement.  The court also agreed with the lower court that the environmental organizations lacked standing to bring an endangered species counterclaim before the lower court.  Specifically, the court found that the Department of Environmental Protection and the Commission did not fail to act in implementing the endangered species act; thus, no standing was conferred upon the groups.  The court also noted that the DEP and the Commission acted in their requisite complementary roles in effecting the Act.

Coroneos v. Montgomery County

Summary:

Pursuant to a warrant, the police seized all un-cared for animals owned by a reptile distributor.   The distributor was told he could appeal the seizure, but must prepay the costs of boarding and caring for the animals pending the appeal.  The trial court granted summary judgment in favor fo the county and the Court of Special Appeals reversed, holding the owner was not required by the county code to prepay the costs of care as a condition for an appeal.