Pets are a large part of people’s lives, and many depend on them for emotional support. Thus, the issue of whether emotional support pets or service animals can accompany its owner to public places becomes an issue. This post will discuss some common questions that come up when evaluating whether a pet can accompany its owner in a public place. …
New York Animal Law: Injuries by Pets and Farm Animals
A friend recently told me a story of a particular house in her neighborhood that she avoids on her walks with her children, since the dog “looks and acts vicious”. In the past, neighbors have complained of the dog running up to the end of the property with a loud, intimidating bark; however, the dog has yet to run off …
Illinois Animal Law: Replevin of Pets
Replevin is proper action to be brought by an owner seeking return of his or her pet when the pet “ha[s] been wrongfully distained, or otherwise wrongfully taken or … wrongfully detained”. See 735 ILCS 5/19-101. In a replevin action, “the court shall issue an order of replevin if plaintiff establishes a prima facie case to a superior right of …
Illinois Family Law: The Allocation of Possession and Responsibility of Pets
Until a few months ago, the only statute dealing with custody of a pet was found in the Illinois Domestic Violence Act of 1986, which allows a judge to award temporary legal custody of an animal if domestic abuse is a danger to the pet. 750 ILCS 60/214. However, effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage …
Illinois Animal Law: Dangerous vs. Vicious Dog Definition
If you live in a village, town or city in Illinois that does not have it’s own definition of dangerous dog/animal or vicious dog/animal, then the definition set forth by the Illinois Animal Control Act, 510 ILCS 5 will apply. Let’s take a look at those two definitions. “Potentially dangerous dog” means a dog that is unsupervised and found running …
Illinois Animal Law: Keeping Dangerous Dogs in Urbana
If you have been found to have a “dangerous animal” in Urbana, Illinois, then Section 4-28 of the Urbana code sets forth a few requirements: Post a sign in a conspicuous place noting that there is a dangerous dog on the premises (sign must be at least 8 and 1/2 X 11 inches). Use a leash 3 ft or shorter …
Illinois Animal Law: Pet Shop Lemon Law
In states without a pet shop lemon law, consumers must result to relief under the Uniform Commercial Code (“UCC”), which regulates the sale of “goods”. Since pets are more than “goods”, the UCC does not provide as much protection to the consumer for pets as the state specific pet shop lemon laws do. In Illinois, the Pet Shop Lemon Law …
Illinois Animal Law: Were You Served Notice of a Dangerous or Vicious Animal Hearing in Urbana?
Did you receive notice of a dangerous dog or vicious dog hearing under the Urbana Code? Pursuant to Section 4-27, if you allegedly have a dangerous or vicious dog in Urbana, then you should be given your due process and and an opportunity to be heard; thus, the City must provide you notice of a hearing at least 5 to …
Illinois Animal Law: Has Your Dog Been Impounded in Urbana?
Under Section 4-24 of the Urbana Code, an animal can be impounded if: Is found to run at large, is lost, is apparently abandoned, or is otherwise deemed a stray; Has bitten any person or animal, or is believed to have otherwise behaved in a threatening, dangerous, terrorizing, or vicious manner; and, Has been found to be vicious. In this …
Illinois Animal Law: What is the Difference Between a Dangerous Animal and Vicious Animal in Urbana?
If you live in Urbana, Illinois, under Section 4-1 of the Urbana Code, a “dangerous animal” is defined as a an email when: either unmuzzled, unleashed, or unattended by its owner, or a member of the owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, any other public place, …
Upcoming Lawline Presentation on Veterinary Feed Directive
[slideshare id=67083532&doc=overviewoftheveterinaryfeeddirective-161012174759] This presentation was created for the upcoming Lawline.com presentation titled “Lawyer’s Guide to the Veterinary Feed Directive.” The Lawline presentation will be on November 3, 2016 at 3:30pm ET. It is a more expanded presentation from the one that I gave a few weeks ago in Oklahoma City, OK at the American Agriculture Law Association (“AALA”) Annual Meeting. …
Emotional Support Animals and the Americans with Disabilities Act
Animals can be domesticated pets, but they can also provide emotional support to their owners. An emotional support animal (“ESA”) is used to provide a therapeutic benefit to an individual with a mental or psychiatric disability. The difference between an emotional support animal and a service animal is that the service animal usually performs a task that helps a person …