- Is It Illegal To Falsly Call Animal Control For Barking Dogs
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- Can Animal Control Take My Cat
Summary:This article contains a discussion of the legal issues that arise when someone loses a pet: When does the original owner lose the right to possess the pet? What actions are the finder of a lost pet permitted or required to take? How do these rights differ under different circumstances and jurisdictions?I. INTRODUCTIONA majority of households in America have pets. People form strong bonds with their pets and often consider them part of the family.
Unfortunately, large numbers of these pets wander from home or are otherwise lost by their owner. Some are taken off the streets by compassionate citizens and others end up in animal shelters where they may be adopted or euthanized. Many owners never learn the fate of their lost pet. This article focuses on those that do.The discovery of a lost pet’s fate raises a host of legal issues. Who owns the lost pet when someone takes it off the street and cares for it over a period of time?
What damages is the original owner entitled to when a private party or government agent sterilizes, euthanizes, or otherwise harms a lost pet? How should the law balance property rights on the one hand with the public policy need to effectively manage and care for the burgeoning pet population?The following article contains an overview of the legal rights and duties of parties in a lost pet dispute. Three important considerations regarding lost pet disputes are: the relief sought, the types of parties involved, and the differences between jurisdictions. A plaintiff in a lost pet dispute may seek an injunction to recover the pet, damages for harm done to the pet, or declaratory judgment of ownership. The causes of action and relief will depend largely on whether the plaintiff or defendant is the original owner, an ordinary finder, a government agency, or a veterinarian.Because pets are property and property law is a state issue, the legal rights and duties will vary somewhat depending on the law of the applicable jurisdiction. Accordingly, laws and cases that point to common schemes as well as deviations are included in the discussion. Anyone considering legal action is advised to thoroughly investigate the laws in his or her jurisdiction.II.
OVERVIEW OF LAW AFFECTING RIGHTS OF LOST PET OWNERSLegal actions between parties in a lost pet dispute may take a variety of forms depending on the parties, jurisdiction, and relief sought. Generally speaking, there are three popular legal schemes to keep in mind.
The first is a simple action based on common law claims. Under common law, pets are property and a party claiming to own the property can bring an action to recover damages and possession.
The true owner has a right to recover possession of the pet under common law if she can prove ownership in fact. However, this right is limited when the defendant can show that the statute of limitations, equitable considerations, or superseding statutes apply.Statutory provisions often apply in lost pet disputes and give rise to the other two popular schemes. All states have impoundment statutes that govern the capture, detention, and disposal of stray animals.
Pets impounded pursuant to these laws are typically held for a few days while the shelter makes an effort to locate the owner. If the owner does not claim the pet within the prescribed holding period, the animal shelter is authorized to dispose of the animal by sale, adoption, or euthanasia. In addition to justifying a shelter’s disposal, the impoundment statutes may modify the liability of the shelter or its employees for treatment of the pet as well as give the pet’s adopter immediate ownership rights.Lost pet disputes may also be affected by lost property statutes. These statutes abrogate the common law rule that the true owner of property has an absolute right over the property by extinguishing the original owner’s rights after a few months as long as the finder reports the property as lost. Lost property statutes appear to assume that the property in question is commercially valuable and therefore may not apply to pets. These statutes usually apply only when there is a dispute between private parties because the legal rights of state agencies and animal shelters are governed by more specific impoundment statutes.A. Common Law Rights of the True OwnerA basic legal dispute between the owner of a lost dog and its finder unfolds like this: Appellant brought suit in replevin in the court of a justice of the peace on October 31, 1927, to recover possession of a certain dog.
Judgment was rendered in his favor by the justice of the peace, but, at the trial on the appeal in the circuit court before a jury, a verdict was directed against him on the ground that his cause of action was barred at the time the suit was brought. Appellant testified that he owned the dog in question, and that he lost it in the summer of 1924 or the early fall of that year. He heard that appellee had the dog, and asked appellee about it, telling him that a Mr. Green had said he might have the dog. Appellee stated that Green was mistaken and that he did not have the dog. Appellant later found the dog in appellee’s possession, and, when demand was made, appellee claimed he had bought the dog, and refused to surrender it., 10 S.W.2d 19, 19-20 (Ark. 1928).There are several issues that arise in a common law lost pet dispute.
Is the pet merely lost or did the owner intend to abandon it? What actions are available to recover damages for damage to the pet or lost income? What actions are available to recover possession of the pet? What defenses are available to a party protesting a request for damages or recovery?
As demonstrated by the following discussion, the common law rules strongly protects the original 'true' owner's property right interest in the lost pet.1. Designations of Found Property As Abandoned, Mislaid or LostCommon law rules control the outcome of legal disputes between original owners and finders unless abrogated by statute. Under common law, property is designated abandoned, mislaid or lost. The original owner loses all property rights in abandoned property. Whether property is abandoned depends on the original owner’s intent at the time he or she lost control over the property.When the property is simply mislaid or lost, the original owner retains superior title. There is only a subtle distinction between mislaid and lost property. When property is mislaid, the owner unintentionally leaves it at some place and forgets to retrieve it.
Is It Illegal To Falsly Call Animal Control For Barking Dogs
Whoever owns that place has superior property rights against everyone except the true owner of the mislaid property. By contrast, property is lost when the owner never had the intention of leaving the property in any place. When property is lost, the finder has superior property rights over it against everyone except the true owner.The focus of this article is on the rights and liabilities for pets designated as “lost' property. An owner that abandons a pet loses all property rights and his property or possessory right over the animal is not in question. Additionally, pets are mobile, large and loud and are far more likely to run away and become lost than they are remain mislaid. The rights of the owner of the place of mislaid property will be the same as the rights of the finder of lost property anyway. In any event it is important to keep in mind that these alternative designations may apply.2.
Bailment Created Upon Taking Lost PetWhen a person finds and takes lost property, an implied bailment is created under common law. A bailment is a contractual agreement between the owner of the pet and its finder that the finder owes a duty to take reasonable care of the pet and return it to its true owner. In turn, the owner of the lost pet must pay the finder compensation for caring for the pet before she has a right to recover possession of the pet. As a general rule, a finder who takes care of lost property is a “gratuitous bailee” liable for breach of bailment only by committing an intentional tort or an act of gross negligence.3. Actions to Recover Damages for Harm to Lost PetAn original owner can recover damages from the finder of a lost pet by resorting to traditional tort actions such as trespass and conversion.
As long as the original owner can prove the necessary elements under the particular cause of action, she may recover damages. Depending on the nature of the harm, damages may include the replacement value of the animal, lost income, or veterinarian bills. In rare cases, punitive, exemplary and emotional damages may be available.One illustrative example of a common law action for damages is, 287 S.2d 625, 626-627 (La.App. In that case, a puppy with an eye infection wandered away from home and was picked up by a neighbor who brought the lost puppy to a veterinarian. The veterinarian told the finder that treatment would cost $300 and the dog would likely suffer from impaired vision.
The finder dramatically authorized the veterinarian to euthanize the puppy. The original owner discovered what happened and sued the finder and veterinarian for conversion seeking damages for the value of the puppy, embarrassment, and mental anguish.
The court found that “when the finder authorized the veterinarian to ‘put this dog to sleep’, he asserted both dominion and a right to ownership which he did not legally possess.” Id. At 628.In another conversion case, the owner of a cat sued her neighbors for conversion when she found out they trapped her cat and surrendered it to an animal shelter where it was later euthanized., 946 So.2d 181 (La.App.
The issue on appeal was whether to uphold a judgment dismissing the owner’s conversion claim against the neighbors on the grounds that taking a stray cat is not “wrongful.” Id. The appellate court upheld the dismissal finding that “because the ordinances clearly allow the Parish Animal Shelter to impound the cat trapped in defendants' yard and defendants simply turned the trapped animal over to proper governmental authority the defendants’ ‘act of dominion’ over the cat was not ‘unlawful,’” Id. In the same decision, the appellate court upheld the dismissal of the plaintiff’s intentional infliction of emotional distress (IIED) claim because the defendants’ trapping of the cat and subsequent coverup was not “so outrageous” as to could constitute liability for IIED. Id.Other parties may be liable to pay damages as well. Although animal shelters are more difficult to sue because animal impoundment laws often justify the detainment and disposal of animals, a shelter’s failure to comply with an impoundment law will expose it to liability.4. Actions to Recover Possession of Lost PetIn addition to damages, the original owner of a lost pet may want to recover possession of the pet if it is still alive. The common law rule affords the true owner of property a very strong possessory right.
FootnotesASPCA, Pet Statistics, available at (last accessed August 15, 2010).Id.Id.Id.Id.See David Favre, Animal Law: Welfare, Interests, and Rights, 42 (2008); Robert M. Ey, Cause of Action by Finder to Establish Right to Lost Personal Property, 20 COA 761 § 2 (1989); 1 Am. 2d Abandoned, Lost, and Unclaimed Property §§ 3-18.Id.See David Favre, Animal Law: Welfare, Interests, and Rights, 73 (2008); 19 Williston on Contracts §§ 53 et seq. (4th ed.).Id.; see also (Wash.App. 2008) (not reported) (noting that a breach of bailment claim is appropriate against the finder of a lost puppy who authorized it’s euthanasia).(stating that “as a general rule, a gratuitous bailee is liable only for gross negligence.”); see also Todd v.
Dow, 19 Cal.App.4th 253, 260-261 (Cal.App. 1994) (gratuitous bailee only has responsibility to use “slight care” instead of ordinary care with respect to lost property); Kierce’s Adm’r v. Farmers’ Bank, 191 S.W.
644, 646 (Ky. At § 940: “Any related misconduct on the part of the plaintiff is one of the factors to be considered in determining the appropriateness of injunction against tort.”Id. “Any unreasonable delay by the plaintiff in bringing suit is one of the factors to be considered in determining the appropriateness of injunction against tort.”Although traditionally companion animals were legally worthless and therefore not the subject of crimes like larceny, that rule has been abolished in modern times. See.See, infra.For more information about impoundment laws, see Rebecca F. Wisch, An Examination of State Dog Impoundment Laws, available at (published 2003). While many of the same issues are covered there, this section focuses on legal issues surrounding lost pets specifically.Under the traditional lex loci conflict of laws rule, the jurisdiction where personal property is found governs property right disputes such as the right to possession. See Restatement (First) of Conflict of Laws § 255 (“Capacity to make a valid conveyance of an interest in a chattel is determined by the law of the state where the chattel is at the time of the conveyance.”) It is important to note that not all states follow the lex loci conflict of laws rule.
Is It Illegal To Falsly Call Animal Control Anonymously
The Restatement (Second) of Conflict of Laws section 244, for example, would apply “the local law of the state which, with respect to the particular issue, has the most significant relationship to the parties, the chattel and the conveyance”.See, e.g., (requiring that 'all animal shelter facilities shall have on premises a microchip scanner and shall maintain a file of recognized pet retrieval agencies including but not limited to national tattoo or microchip registries.' ). Dog owners in unincorporated Los Angeles County are required to microchip all dogs older than four months. See.AMVA, Microchipping of animals FAQ, available at (last updated February 1, 2010).Birmingham City Code section 6-1-18 (permitting animal control to “transfer the title to and ownership of any dog held to the animal shelterafter the three day holding period”).For additional information about lost property statutes, see Rebecca F.
Wisch, Summary of State Lost Property Statutes, available at (published 2006).Although other courts have not addressed the applicability of lost property statutes to lost pets, the issue is raised on occasion. See (lost property statute raised in lost pet dispute but case decided on other grounds); (lost property statute raised in lost pet dispute but case decided on other grounds). Lost property statutes may indirectly influence decisions as well. See (finding that defendant’s failure to look for a sick puppy’s true owner before authorizing its euthanasia made him liable for conversion because a statute required making reasonable efforts to find true owner of lost property).See, infra.See, discussed in more detail in, infra.See, discussed in more detail in, supra.See, discussed in more detail in, supra.I d.See, supra.See e.g., Paset v.
Old Orchard Bank & Trust Co., 378 NE.2d 1264 (1978) (finder sought declaratory judgment to affirm ownership of money and applicability of a lost goods statute).See, supra.See, supra.See, supra.See, supra.See Schinder v. French, 2007 WL 1120337,.1 (2nd Cir. 2007) (holding that facts were sufficient to show that employees of private animal shelter were state agents liable under Section 1983 and entitled to qualified immunity defense); Stevens v. Stearns, 2000 WL 710495,.1 (treating employees at a private animal shelter as state agents for purposes of Section 1983 liability and qualified immunity).For more information about Section 1983 and qualified immunity, see Rebecca F. Wisch, An Examination of State Dog Impound Laws, available at (published 2003); Adam P. Karp, Causes of Action in Intentional Tort for Loss of or Injury to Animal by Human, 44 COA2d 211 § 3 (2010).See supra.See, supra.Bailees owe a duty of reasonable care for chattel in their possession.
See, supra; 9 Williston on Contracts § 53:5. Gratuitous bailees who take care of lost property with no assurance of compensation may only be liable for gross negligence in some jurisdictions. See; 9 Williston on Contracts § 53:8.The protection afforded to veterinarians acting for an animal shelter pursuant to statutory authority is substantially coextensive with the protections afforded to other government agents at the animal shelter. See sections and, supra.See also (permitting the euthanasia of stray animals seized by animal control if it is “probable the animal cannot recover” and prohibiting damages unless “destruction was not reasonable under the facts as known to the veterinarian.”); (authorizing euthanasia of animals under state control if veterinarian confirms euthanasia promotes a “humanitarian purpose”); (granting immunity to veterinarians for damages resulting from euthanasia if there are “reasonable grounds to believe” that euthanasia was warranted by statute or court order).See Loman v.
Freeman, 890 NE.2d 446 (Ill. Laptop not working without battery. 2008) (veterinarian owed ordinary duty of care to horse treated without owner’s consent in non-emergency situation);, 1243 (Pa.Super 2008), citing 42 Pennsylvania Codified Statutes Annotated § 8331.1 (veterinarian only liable for gross negligence if treating animal without owner’s consent in an emergency situation).See Animal Law & Historical Center, Veterinary Client Issues, available at (last accessed August 15, 2010).See, supra.
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Can Animal Control Take My Cat
DCO – Dog Control Officer: The primary function of a dog control officer is to respond to complaints of dogs at large, nuisance barking, unlicensed dogs and general nuisance complaints. Additionally, most dog control officers are tasked with responding to reports of rabid animals. Dog Control Officers are typically paid employees of the municipalities in which they work.ANIMAL CONTROL OFFICER: The primary function of an animal control officer is the same as that of a dog control officer; however, the employing city/town/village has extended enforcement powers applied to dogs to now be applied to all animals, such as companion animals, domestic animals, livestock and wildlife. For further information, please contact your town supervisor. Animal Control Officers are typically paid employees the municipalities in which they work.RESOURCE/RESCUE/EDUCATION OFFICER: The Finger Lakes SPCA of Central New York’s RESCUE/RESOURCE/EDUCATION OFFICER will be available to make initial contact with complainants with respect to issues of neglect and abuse. Depending on the Officer’s initial assessment, complaints will be immediately referred to local law enforcement agencies, e.g Cayuga County Sheriff, New York State Police or Auburn Police Department for investigation and charging.Please note that local law enforcement ( Cayuga County Sheriff’s Office, New York State Police and Auburn Police Department) are required by statute to enforce animal cruelty laws, investigate and charge. The Finger Lakes SPCA of Central New York’s Rescue/Resource/Education Officer functions as a resource for these formal law enforcement entities.
Call 315-294-0397 to reach the Rescue/Resource/Education Officer. The Finger Lakes SPCA of CNY’s RESCUE/RESOURCE/EDUCATION OFFICER is an unpaid volunteer. New York State Police - Auburn (315) 255-2766New York State Police - Wolcott (315) 594-8071Cayuga County Sheriff (315) 253-1222Auburn Police Department (315) 253-3231When to Call a Dog Control Officer.Stray dogs or dogs at large.Dog bites.Excessive barking.Rabid dogs - possible rabies.Sick and injured.Licensing issues.Dog Control/Animal Control ContactsConfused about who to call? You're not alone. Want to know who your dog control officer is?
To see our list of townships by county.Additional Helpful Links. General Animal Cruelty – Agriculture and Markets – Article 26 – Section 353.Please remember that in ALL CASES, Cayuga County Sheriff’s Office, NYS Police and Auburn Police Department are required by New York State statute to investigate these complaints and charge when and where appropriate. Please contact these offices directly (the phone numbers are listed above).The Finger Lakes SPCA of Central New York RESCUE/RESOURCE/EDUCATION OFFICER may/will refer to appropriate local law enforcement when and where appropriate. Dog ShelterNew York State law requires that all dogs kept outside for any period of time MUST have a minimum standard of shelter. A dog kept outside during inclement weather must have a dog shelter consisting of six required elements: Four walls including a door Waterproof roof Raised floor Flap on the door Bedding for insultation Size proportional to the dog Pet Breeder/DealerAny person who breeds animals for sale, depending on quantity, may be classified as a pet dealer or breeder. This classification requires certain licensing and certifications. Often times unprofessional breeders commit acts of cruelty such as puppy mills and can be subject to enforcement by New York State Agriculture and Markets Licensing Division.
Animal CrueltyAggravated cruelty is any act resulting in pain and suffering which was done in a sadistic and/or depraved manner, or any act of cruelty which results in death. File a Complaint Help Stop the Abuse. Report Cruelty and Neglect!!If you witness an act of cruelty/neglect against an animal, please file a report. Companion animals and farm animals are protected by law from cruelty, abuse and neglect in New York State.The recently enacted Buster Law makes it a felony to intentionally hurt or kill a companion animal or fail to provide food, water, shelter and necessary veterinary care.Your name and phone number are required. This information will not be given out. It is for the purpose of contacting you to acquire more information.NOTE: It is illegal to intentionally make a false statement.
Please don’t use the legal system as a tool for neighbor disputes. Please call 315-294-0397 and leave a voice message.No one will contact you unless additional information is required. However, if your complaint is incomplete and requires additional information, the response can be delayed for a significant amount of time. Please be assured that if you have a left a message that your concerns will be addressed as soon as possible.The Rescue/Resource/Education Officer is a volunteer and is not supported in any way by tax payer dollars. If the situation you are complaining about requires immediate attention, please contact the Cayuga County Sheriff’s Department, the New York State Police or the Auburn Police Department. They are required by New York State law to investigate allegations of cruelty/neglect and charge when and where necessary. Please note that we are unable to share information about cases that are in progress.Again, if you are calling with a complaint, please have the following information available: Date(s) of incident(s) Caller’s information including name, address and phone number Address, including house number, where the cruelty/neglect is taking place (with directions).
The name (if known) of the person(s) that the complaint is against. A description of the abuse with as much detail as possible. Any additional information that you believe will help us.