Chimpanzee Information: Pet Laws

Friday, June 5, 2009

Pet Laws

Pet Law. What Is It?

Pet Law, an area of law that focuses on 'Companion Animals', is a niche within the practice of Animal Law.

Pet Laws govern issues that deal with pet ownership, animal cruelty, animal breeding and animal estate planning.

A Closer Look

Pet Ownership/Companion Animals

Companion animals include dogs, cats, horses and birds.

Legal issues surrounding our pets often involve liability for injuries, property damage, and excessive noise.

Most states have enacted statutes that hold a pet owner liable for all personal injuries and property damage inflicted by their animals. Some states limit liability to instances where the owner knew or had reason to know that their pet was dangerous or volatile.

In cases of extreme negligence, or when injuries are especially severe, the state may impose criminal penalties owner but pet owners may be able to defend claims against them if they can prove that the victim provoked the pet, the victim was trespassing or breaking the law, or that the victim knowingly undertook the risk of injury.

Many states have enacted laws that provide remedies to those who complain of excessive noise from neighboring animals, specifically dogs. In states that don't address this issue directly, general nuisance laws may be used to obtain relief.

Other legal issues include landlord-tenant disputes, vaccination requirements and wrongful death actions brought by owners for the loss of a pet.

Animal Cruelty

Animal protection laws regulate the abuse of animals. The Animal Welfare Act authorizes the U.S. Department of Agriculture to regulate the use of animals in research settings, circuses and zoos. Additionally, every state criminalizes the commission of inhumane acts against animals. In many states, violation of these laws is treated as a felony.

Animal cruelty laws address a wide variety of issues, including owner neglect, pet mills and animal laboratory testing. The Humane Society of the United States works to shield animals from mistreatment by investigating potential abusers.

The Animal Legal Defense Fund is another prominent animal rights organization that seeks to protect abused animals through the legal system. The ALDF brings a number of lawsuits each year in an effort to eliminate animal cruelty.

Animal Breeding

The Animal Welfare Act, as well as individual state laws, regulate animal breeding. Such laws may restrict the breeding of particular types of animals, or ban the ownership of certain animals altogether.

These animals are typically considered "vicious" creatures that pose serious risks to the community.

By limiting the number of animals that may be bred, breeding laws also seek to reduce the number of homeless and neglected pets.

Animal Estate Planning

Animal Estate Planning is a relatively new issue in Animal Law. Pet owners are increasingly seeking legal guidance to establish trusts for their animals.

Pet trusts provide for the care of an animal in the event of the owner's disability or death. In a traditional pet trust, the beneficiary of the trust is given detailed instructions for the proper care of the pet and may access the trust to pay for the pet's expenses.

Pet trusts give pet owners assurance that their animals will be cared for according to their specific wishes

In Conclusion

I hope you found something interesting in this peek inside pet laws. If you have any questions regarding any of the above areas, please feel free to email me at mshaw2268@gmail.com. I'll provide any help I can.

Thanks for reading."

For more info: To read more about all things dog, check out Pain-Free Pooch

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January's Article

From the Fall of 2008 Through 2009 – The Chimpanzee Year in Review

This past year has been one of sadness, sorrow, change, and hope. I would like to take this opportunity, as we begin 2010, to reflect back and highlight the changes that we now, hopefully, are really beginning to see as the world’s attitude towards privately owned chimpanzees, and primates in general, change in a positive way.

The highlights begin, actually, late in the fall of 2008 when our chimps, Mikey and Louie, the two busiest and most popular working chimpanzees in America, retired to Little Rock Zoo. I wanted them to have a future as part of a family of chimps, and to have a safe and permanent home that they could live their life as chimpanzees, not a member of the human society.

In November of 2009, Connor and Kramer the chimpanzees owned by private pet owner Jeanne Rizzotto escape from her home near Red Lodge, Montana. They spent over an hour running loose, crossing highways and entering neighbor’s property. Connor, a habitual biter as described in court papers filed after the incident, bites a woman on the arm as she tries to keep him out of her home, losing 6-8 inches of skin from her arm. Rizzotto is told to keep the chimps in quarantine at her home while health officials investigate the incident. Rizzotto claims the chimps were let out by a vandal that had cut a lock, however that remains unproven. All of these articles have been posted on this Simian Library.

In February, 2009, tragedy strikes, and the world’s attention turns to the issue of private ownership of chimpanzees. On a cold afternoon in Stamford Connecticut, Travis the Chimpanzee attacks a long time friend of owner Sandra Herold named Charla Nash in Herold’s driveway. Travis is shot and killed by a patrol officer as the 14 year old, 200 pound male chimpanzee; tries to pry open the door of his patrol car as he responded to the tragedy. Nash is rushed to the hospital, and remains in a coma for months.

Weeks later, in early March, the US House of Representatives passes the Captive Primate Safety Act, banning sales of all primates across state lines. The bill moves on to the senate, where it still sits, not being acted on, to this day.

In late November, 2008, neighbors turned in a couple in Houston, Texas for a chimpanzee living in a garage in a suburban neighborhood. Fred Henry, now known simply as Henry, was over fifteen years old and had been living in the garage in a cage for 15 years. Weighing only 65 pounds, about 100 pounds underweight, the emaciated chimp is taken to the local SPCA where veterinarians and animal officials nurse him back to health. On Feb 23, 2009, Henry is moved to Chimp Haven in Shreveport, LA to live out the rest of his life with other chimps in a safe and enriching environment.

Later in March, a chimpanzee named Timmy escapes from his owners’ home in rural Missouri. The owner, Mary Overton, was a former director of The Simian Society of America, a group that promotes and encourages private primate ownership. Timmy is shot and killed by a police officer as he attempts to pry open the door to the officer’s patrol car. Investigators charge all residents of the home with animal cruelty, as they find a “puppy mill” on the premises, with dead dog carcasses scattered throughout the property and over a hundred sick and undernourished animals, including several monkeys.

On March 4, 2009 Nightline on ABC airs over fifteen minutes of footage taken by a HSUS undercover worker at the University Of Louisiana Lafayette National Primate Research Center. The video shows acts of cruelty and inhumane treatment of chimpanzees, including scores of baby chimpanzees in a holding cell with no enrichment or even a blanket. The video brings new awareness to the plight of research chimpanzees, and turns up the pressure on the labs. A follow up investigation by the USDA, following the issuance of a 108 page complaint by the HSUS against the lab, reinforces the findings of the video taken.

Carole Noon, founder and director of Save the Chimps in New Mexico and Fort Pierce Florida passes away from pancreatic cancer at the age of 59. Noon, perhaps the world’s most famous chimpanzee advocate, founded Save the Chimps in 1997. She led the purchase of the former troubled Coulston Foundation research facility near Almagordo, New Mexico in order to rescue over 250 chimpanzees that had been used by the government for research, mostly from the space program in the 60’s and 70’s. The chimpanzees in her care, now numbering over 270, were being moved from New Mexico to the Florida facility, hailed as the largest chimpanzee sanctuary in the world. Noon left a legacy of care, compassion, and love for the species that will never be duplicated. The chimpanzee community misses her dearly.

In June, a news story from a Tampa Florida television station airs a story about a baby chimpanzee now residing at Big Cat Habitat in Sarasota, Florida, home of the Rosaire family of circus trainers. The chimpanzee, named Eli, was supposedly rejected at birth by his mother and is being raised by Kay Rosaire and Gini Valbuena. Valbuena, a long time buyer of baby chimpanzees that once described herself as being “addicted to chimpanzees”, is advertised in the news story as the chimps’ “full time nanny”.

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The Rosaire’s had a coming out baby shower for the chimp in June, asking the public to donate toys and diapers, as well as pay the price of admission.

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In early September, Gini and the baby chimp are spotted at a winery in Florida, drinking mimosas and schmoozing with the public.

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Later in September, “chimpanzee encounters” with the baby chimpanzee and Gini Valbuena, are being advertised on a play for fee basis on the Big Cat Habitat home page. The addiction continues.

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On December 10, 2009 Tom, a 44 year old chimpanzee that lived the last 14 years at the wonderful Fauna Foundation in Canada, passed away. Tom had been a research chimpanzee for the first thirty years of his life, languishing in a five foot by five foot by seven foot high stainless steel cage. He was the victim of countless laboratory tests, biopsies, injections, and suffering. Tom was the face of Project R&R, aimed at releasing all chimpanzees from biomedical and invasive research, and the driving force behind the Great Ape Protection Act now before Congress. There are still 1400 chimpanzees used in biomedical research in the United States today.

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On December 17^th, 2009, ten more chimpanzees arrived in Fort Pierce Florida as part of the Great Chimp Migration continues. Save the Chimps, the largest chimpanzee sanctuary in the world, transfers ten chimps at a time to the islands in the Florida facility as funds allow. An anonymous donor gave the $25,000 for this trip, and the Arcus Foundation has agreed to match all funds donated to Save the Chimps up until April of 2010. Start your year right – and donate to the Great Chimp Migration today!

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Friday, June 5, 2009

Pet Laws

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