***The SDCBA Animal Law Section is seeking members to help in the following areas:
Secretary - Duties include keeping and maintaining meeting minutes.
CLE Subcommittee - Duties include helping brainstorm and helping plan Animal Law Section CLEs.***
Animal Law Section Meetings held the 3rd Friday of every month from 12:15 P.M. - 1:15 P.M. unless otherwise noted.
SDCBA Bar Center
401 West A Street, Suite 1100
San Diego, CA 92101
We look forward to seeing you at upcoming meetings and future Section events!
Spring is in the air! With spring comes pollen and, of course, pollinators like bees. To promote urban agriculture, the City of San Diego allows 2 beehives in single-family zones with a single family dwelling, community gardens, and retail farms. Hives must be secured, not visible to the public, surrounded by 6 ft screens, placed at least 15 ft from residential structures and 20 ft from the right of way.
[San Diego, Cal., Municipal Code art. 4, div. 4, § 44.0401 et seq. (2012)]
Yesterday, ALDF attorneys appeared before the Louisiana Court of Appeal to defend the district court's order to revoke the permit allowing Michael Sandlin to hold "Tony the Tiger" in captivity at a Louisiana truck stop. The judges will issue an opinion this spring.
[More information can be found here: http://aldf.org/article.php?id=2233]
it is unlawful to use any recorded or electrically amplified bird/mammal calls or sounds, or recorded or electrically amplified imitations of bird/mammal calls or sounds, to assist in taking any bird/mammal, except non-game birds and non-game mammals as permitted by regulations of the commission?
there is a difference between an "endangered" species and "threatened" species? Under the Endangered Species Act, "endangered” means a species is in danger of extinction throughout all or a significant portion of its range. “Threatened” means a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. Congress defined species to include subspecies, varieties, and, for vertebrates, distinct population segments.
(Endangered Species Act § 3, 16 U.S.C. § 1531 (1973).)
See California Civil Code Section 3342
- The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.
- Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:
- In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity.
- In the investigation of a crime or possible crime.
- In the execution of a warrant.
- In the defense of a peace officer or another person.
- Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work. on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b).
- Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy