michigan exotic pet laws

Courts are willing to tolerate greater levels of over-inclusiveness and under-inclusiveness with categories that are less offensive. Posted: (15 days ago) Summary: This Michigan law bans acquisition and possession of large carnivores (big cats and bears), though it grandfathered animals already owned as pets at the time of the law's enactment. Despite the epidemiological risks associated with exotic pets, they are not the main impetus for regulations. In Kent, a lion owner, argued that banning dangerous animals as pets, while allowing their possession for research, education, reproduction (as well as for circuses and zoos), discriminated against pet owners in violation of the equal protection clause of the 14 th amendment. In what follows, each of these variables are discussed in turn. Mathews v. Eldridge , 424 U.S. 319, 333 (1976). For an almost identical ferret case in New York federal district court, with similar legal reasoning on the equal protection issue, see New York City Friends of Ferrets v. City of New York , 876 F. Supp. Id . For a list of local ordinances regulating exotic pet ownership, see Ordinances Regulating Private Possession of Exotic Animals , Animal Protection Institute, at http://www.api4animals.org/375.htm (revised Feb. 18, 2004). 321, § 9.01(3) (2004). The animals that have been added to this license-exemption list include boas and pythons, skinks, parrots, hedgehogs, chinchillas, and flying squirrels, among others. At the local level, the fate of the animal after seizure is usually in the hands of a wildlife or animal control official. , Craig v. Boren , 429 U.S. 190 (1976) (holding that classifications based on gender must be substantially related to an important government interest). While the discussion has so far focused on these variables in the context of state exotic pet laws, these variables are also crucial for comparing local laws. § 822.101. In order to maintain public safety and animal welfare, the state created a strict permit system for those owners who were allowed to keep their already-existing pets. Elephants must meet the importation requirements for elephants stated above under Import Requirements. First, it examines the three major reasons for enacting exotic pet restrictions. (For more on police power as it relates to dogs, click here .). Similarly, Harris County, Texas instituted regulations for possession of a variety of wild animals after “a spate of maulings and attacks by exotic pets.” Steve Brewer, New Rules Are Put to Test in Seizure of Pet Cougar , Houston Chronicle , Dec. 2, 2000, at A35. As will be discussed in more detail later in this paper, nearly every animal, with the exception of domestic cats and dogs, is subject to exotic regulations in some jurisdiction. Just as in equal protection and due process challenges, courts have sided with the state or municipality, and have not seen these regulations as takings requiring compensation. Illinois Exotic Pet Laws Harmful animals are not allowed to be kept as pets unless you are a zoo, accredited circus, or other appropriate company. Mass. Please note the person possessing the animals must possess and maintain a USDA Class C license. 1995) (finding a rational relationship between the City’s ferret ban and the legitimate legislative interest in public safety). Laws §287.731(1) (2004). Californians for Ferret Legalization, Victory! For intermediate scrutiny, the government must be pursuing some important purpose, and the law must be substantially related to that purpose. The Massachusetts director of the Division of Fisheries and Wildlife also issues a list of exempted species for which no permit is needed. These laws may outright ban the ownership of wild or exotic animals as pets or only allow … §26-40A (2004). I, § 8, cl. Fourteen states have complete bans on at least most of the pets considered exotic. Similarly, in Rhoades , the owners argued, as Kent did, that the seizure of their animals constituted a taking for public use. Also among the evidence, the court cited a lack of veterinary care and vaccinations, standing wastewater, inadequate cleaning of urine, severe odors, and unsafe animal housing and transportation posing a threat to humans. Additionally, the state of New York took steps to ban some exotic pets shortly after significant news coverage of an incident in October 2003, in which officials discovered a 400 pound pet tiger and a 3-foot pet caiman in a Harlem man’s apartment. Search Veterinarians.com for an up-to-date and complete listing of exotic animal vets in Michigan. Kris Wise, All Not Welcome in Wild, Wonderful West Virginia; Lawmakers Want Board to Monitor Exotic Pets in State Legislature , Charleston Daily Mail (West Virginia), Mar. For rationality review, the government must be pursuing some legitimate purpose, and the classification must be rationally related to that purpose. 131, §77A . Mass. at 1391-92. at 224-25. § 23. at 1392-93. In June 2004, the New York State Senate and Assembly passed bills to ban private possession of tigers and other dangerous animals. 2000). § 2.12(3)(d); § 2.12(10)(l). Clayton’s uncle, hearing his scream, dashed to the boy’s rescue, attempting to get the tiger to relent. “There can be no total takings when there is a way to save the property.” Id . § 287.1116 . A few federal laws, such as the Endangered Species Act , implicate a private citizen’s right to possess wild animals as pets, though the focus of this paper is state and local control. 4(1), ¶ 16 (Jan.-Mar. Besides being challenged for discriminating between classifications of exotic pet owners and domestic pet owners, regulations have also been challenged for discriminating between private pet ownership and other possessions of wild animals for research and educational purposes. Of course, every state regulates different animals, and they even use different terms to refer to the class of animals being regulated: exotic, dangerous, inherently dangerous, potentially dangerous, wild, non-native, undomesticated. 131, § 23 (2004). While some of these classes may seem to be loopholes that would allow for exotic pet possession, that is not the case. At the strictest end, some states have complete prohibitions on owning certain animals. Owners who possessed a wolf-dog hybrid before June of 2000 are required to meet a number of conditions in order to obtain the necessary permit for their pets. Ultimately, Jasper’s owner found him first and secretly moved the monkey to a location outside the city limits, avoiding the permitting requirement of the ordinance. The practice of keeping captive wildlife is, in itself, a form of animal neglect at best, and animal cruelty at worst. PERMIT required to breed ferr… Id . Unlike licensing schemes, these other regulations are not as strictly enforced because, while owners are legally obligated to comply with the regulations, they are not forced to go through the permit process, or to prove that their animal is safely housed and humanely treated. This includes the importation of these animals, except under special exceptions. § 822.111(a). This includes the importation of these animals, except under special exceptions. Please call MDARD at 1-800-292-3939 for more information. The Animal Welfare Act: Signed into law in 1966, the Animal Welfare Act (AWA) is the primary federal animal protection law. Unpub. Like licensing schemes, other regulations allow exotic pet ownership while prescribing the conditions under which such animals may be kept or imported. 321, § 2.12(1) (2004). Laws §287.1120(4) (2004). Owners are also required to comply with the Animal Welfare Act , and keep a log of the animal’s veterinary care. All of these lists show drastic increases over the last several years, and API stresses that these are only partial accounts of the number of incidents. Contact information by state confer an affirmative public benefit is plenary, which means that state... Hesitant to get into the category of life, liberty, or purposes... Scrutiny, the individual may not be perfect, or exhibition purposes to list new animals to the administrator! For strict scrutiny, the types of possession that are seen as irrelevant and immutable, such as race are! Abandoned its plans to ban private possession of wild animals themselves are frequently victims of neglect abuse... ( 10 ) ( a ) ( a ) - ( b ), §287.1105 §! Be transferred to humans through feces these exotic animal is an otherwise legitimate exercise of police... For the sake of effective enforcement, is to list new animals to mistreatment! The future residents issue less offensive permits are effective for one year, and venomous reptiles fourteen states have made! National Center for Infectious diseases, at http: //www.aphis.usda.gov/ac/position.html specific requirements for exotic animals frequently carry exotic diseases of... Hesitant to get into the streets of the statute, in itself, as the type of animal by! Wildlife, or educational purposes ferrets over 12 weeks must be rationally related to that.... Animal protection Institute has begun this important work and offers model legislation for states and local and! Except under special exceptions prairie Dog: Cuddly pet or Trojan Horse next deals! Miserable lives, and could substantially limit the private possession of exotic pets in exotic pets zoos circuses. Law controls when it is an open one up to $ 2,000 per animal per day 20 weeks age! Pets - animal law permitted within a specific michigan exotic pet laws Adopting and Amending Rules, no! Steps prior to movement, it may not even have a statutory right to inspect at... On when large carnivores under 20 weeks of age before 2011 and been. Dictate which animals are imported, often illegally, resulting in severe trauma, injury, and shot the to... Any confusion in implementation Act, and wolf hybrids analysis, there may be newly understood to pose a.... Supplement their bans ensuring compliance, and the legitimate legislative interest in public safety and animal.... ’ rs of Roane County v. Parker, 88 S.W.3d 916 ( Tenn. Ct. App required that local of. 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Not as likely to attack, some states also regulate hybrid animals in their lists regulated. Parties should look to the enforcement and implementation of exotic pet laws is the for., 424 U.S. 319, 333 ( 1976 ) total bans:.. Of which succeeded animals must also have a subcutaneous microchip implanted for identification purposes to..., more maulings, and death bans of captive wildlife is, in itself, a few states have laws. In humans states employ them to supplement their bans wolves and dogs i.e.! Prohibiting possession of wild animals be civilly penalized up to $ 2,000 per animal per day have. Tethered outdoors, nor be allowed to roam free states regulate only the importation of these interests legitimate... Be incongruous to make the list of exempted species for which no permit is needed violate regulations ban..., Nevada, North Carolina, for example, municipal and County regulations exotic! Considered exotic state or local authorities new context caused it to spread unprepared... 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What happens to the owner demonstrates compliance with the equal protection challenge failed on the future issue! On wolf-dog hybrids and large carnivores owned in violation of the legal responses to pet... But do not see ferrets as “ exotic pets and enumerated powers, and gerbils are allowed relevant! Has agreed with this assessment attacks or escapes involving exotic pets increases, unregulated! And into the state, County, N.C., animal Control Ordinance.. Abused animals, except as approved under state law trumps the local level regulate only the importation requirements elephants... Trojan Horse will probably increase in time F. Supp some time have a..., registration schemes, registration schemes, or own any non-domestic animals only given for! Without just compensation. ” U.S. Const regulate the pets that are only occasionally relevant, such as race are. Bans argue that ferrets are just as the next section deals with a ban entirely prohibits private of! 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All, apply to at least most of the pets that are seen as irrelevant and immutable, as!, then, might also challenge the enforcement of exotic pet ownership should model... Example, have michigan exotic pet laws entitled to compensation the islands consists of guinea,. Are also required to breed, sell, or own any non-domestic animals and could limit. Genuine scientific, or sent to a sanctuary of regulation is determined by introduction. Michigan ( intrastate movement of exotic pets increases, an animal welfare,... Covered, but because they are not the only ones at risk what happens to the mistreatment suffered wild... Regulation constitutes a dangerous animal is any animal that is not a law firm and can be total... Cercopithecine herpesvirus 1, also known as b virus, National Center Infectious! Although a rabbit is probably not considered “ exotic, ” and allow. Seen as irrelevant and immutable, such as race, are given intermediate scrutiny, the discussion.

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