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01-12-2008
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#1 (permalink)
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Guest
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Stray dog question (long)
This is about a stray dog we found in September. This poor dog was in very bad shape. She had mange so badly that she was bald. Urine burns on her
paws and legs. Nails so long they were curled under. Teeth worn to the
gum line....but only in the front not the back. Worms. Filth beyond all
description. And poor baby was pregnant too boot. (The pups did not
make it they were stillborn). She had no collar or tags. I placed a
found ad in the local paper, called the local humane society, and
contacted our local vet in an effort to find an 'owner' mainly to have
them charged with abuse, but I did try. I got her county tags in
october for 2007 and got her 2008 tags in Dec. Got her vaccinated and
treated for all her various ailments. Right after Christmas several
people showed up on my porch demanding that I give them the dog back.
They showed me no proof that the dog was ever theirs, just wanted me
to hand her over. They also changed their stories several times. I
refused and finally shut the door in their faces, telling them that
they could leave their name and number that the local humane officer
would be quite interested in having a chat with them about the
condition the dog was in when I found her. They refused to leave their
information. Monday Jan 7th a police officer came to my door to seize
the dog. He didn't take her after I showed him the pictures but
advised me that if I am ordered to surrender the dog and I refuse I
could be charged with theft. According to PA state laws I fulfilled my
obligation to try to locate an owner and the dog legally belonged to
me after 48 hours of housing and caring for her. (I did check this
with the animal control AND the state dog warden) I have vet records
of treatments and pictures of her condition when she came to us and
also current pictures. Animal control does not want to investigate the
cruelty aspect of this case. The state dog warden doesn't want to deal
with it either because 'theft is a criminal charge and has nothing to
do with dog law' and the local PD are trying to pass it off to one of
the two aforementioned parties. Since Monday I have discovered
additional information (witnesses) of her previous abuse and neglect.
On Thursday I even called the responding officer to pass this
information on to him. I have heard nothing yet. I have made a vet
appointment for her Tuesday morning and the vet has agreed to look at
the pictures I took and the recovery she has made since we found her
and give me a professional opinion on how long it would have taken her
to become as bad as she was. My question is.....have I done everything
I can? If not what else can I do? What would you guys do? Thank you
for listening.
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01-13-2008
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#2 (permalink)
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Guest
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unfortunately it is to late to do it the way it should have been done & that is to turn her into the proper holding facility - either AC or the HS, or maybe both, is licensed by the state to hold stray dogs. then you could have done a legal adoption.
let me say that I am pretty well versed on PA Dog Law as I enforced it for 15 years. there is no legal requirement for the finder of any dog to report it to any agency in PA. certainly you have a moral obligation but that is it.
also, the 48 hour requirement is if the dog were in a properly licensed shelter for that purpose - not with JQP. it MUST be held for 48 hours - then it can be adopted or euthanized. there is no limit on how long it can be kept at the shelter.
the only way there is any law covering when you can claim the dog as yours is whatever it is for property - such as if you found a camera etc. which I believe is 30 days
the cop that was there - what proof did they offer him that you had their dog?
I would just let the ball in their court. let them take you to court. it will only be small claims court. I'd get those pics blown up to 8 X 10's, make sure you have a copy of the newspaper ad showing the date line & hope for the best. remember tho if they do take you to court - you are only there to determine if they are the owners so you will have to be very crafty to get the neglect interspersed.
now - if you live in Phila. Pitts. or Allentown - they do their own thing, have their own licensing & make up their own laws but they cannot be to far off from the state ones
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01-13-2008
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#3 (permalink)
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Guest
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According to the Dog control warden for my county and also the state dog warden Ron Yokum (SP?) there is no seperate law for a private citizen to hold a stray. They were the ones that told me that the 48 hour rule applies to citizens as well as a state holding facility.
Also had I turned this dog into the humane society she never would have been put up for adoption. She would have been eauthanized due to her medical issues.
Also it has been longer than 30 days....we've had her since sep 28th 2007.
As fas as I know the only proof they have is that they gave the police an accurate description of the dog.
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01-15-2008
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#4 (permalink)
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Guest
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Interesting story and good for you not giving up the dog to the cop. Sue Always has credible info and helpful!! I only hope this story has a happy ending and the dog never leaves your caring home. Most of us, that post here, share a common entity, we love and care for our dogs!!
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01-16-2008
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#5 (permalink)
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Guest
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thank you bob, I appreciate that. I too hope these people just go away & the dog can have a happy life with mastiffmama. I hope she will keep us posted if anything happens
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01-16-2008
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#6 (permalink)
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Guest
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Thanks for the replies
At the moment we are simply playing a waiting game to see what the local PD is going to do if anything. I retained an attorney and when she contacted the local PD they had not even bothered to contact the Dog warden yet. IF they decide to press charges against me they will notify her.
I am very upset at the local dog control officer as he has REFUSED to investigate these people for neglect. He has not looked at ANY of the evidence but he stated that he 'can't prove it' He said that in order to pursue a cruelty case he would have to prove intent not just neglect..... Please correct me if I am wrong but it was my impression that neglect was a crime as well? IE. failing to provide basic care...food, water, shelter, veterinary care? Also letting your dog run at large? No tags? No rabies shots? I looked up the laws on the Dept. of Agriculture's website....have the laws changed? If so where can I view the current statutes?
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01-17-2008
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#7 (permalink)
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Guest
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ok heeeeere we go. a lot of this would depend on the individual judge. I have had judges that required proof of intent, that the defendant intended the dog to suffer. very hard to prove. then there are those that take it like it is printed - guilty because the dog is in that shape regardless whether this bozo intended it or not.
some judges require proof of suffering - if the dog is out all nite in 30 degrees with no shelter - prove suffering!!! it jolly well better have some serious frostbite.
I had one judge that would ALWAYS give me the full $300 on an expired rabies, but I'd be lucky to get $25 on a running at large or license. I know there had to be some story there but never found out what.
State Dog Wardens ( DW's ) do not enforce cruelty laws & I'm not sure if you understood that or not. cruelty laws are charged to SPCA's & HS's.
there is really nothing to be done about the running at large etc since it was so long ago, the judge would probably laugh it out of court.
HOWEVER - I now understand what's happening - you are in a "good ol boy" county & the jackass that runs the shelter there is bad. unless that has changed very recently. they are also the only shelter that still euthanizes by gas in the state
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01-17-2008
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#8 (permalink)
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Guest
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Thank you
If it helps at all I'm in Crawford County.
I mentioned the Dog warden in my last post because that is who the local PD intend to contact first. When I spoke with the dog warden he told me exactly what you just did and that he would be passing it over to AC (that would be the dog control officer at the county shelter). It is the AC officer that I am upset with because he refused to even look at the case and intends to pass the case back to the local PD. It is very frustrating to say the least.
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01-17-2008
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#9 (permalink)
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Guest
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yes, I knew the county - thus my comment on the jackass at the HS. I looked up the DW.
cops are seldom interested in pursuing animal related charges, it's just not high on their list of priorities.
I must add to my previous post. AC's working for a municipality may also enforce cruelty IF it is in his job description. if it is not, he can't
my best advice to you, all things considered, is give it up - you are going to make yourself sick over this & while she's worth it - I doubt anything will ever be pursued. just love her.
the ball is in their court - I would not stir any pots.
why don't you consider getting on the BOD at the shelter? or go there & volunteer & find out the real story. remember, you cannot do bodily harm to people.
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01-17-2008
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#10 (permalink)
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Guest
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Thank you again LOL
Thanks again.
As to the BOD....I have actually been trying to get the town I'm in to let me expand and staff the city's small pound (I have several people willing to volunteer their time). It is in horrid condition and we are on the opposite side of the county from the shelter.
As it is I do what I can myself one stray at a time.
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01-17-2008
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#11 (permalink)
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Guest
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don't give up. get the press involved if there is any.
you can write to me directly if you have questions I can help with.
suebgone@aol.com
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