La Mirada, CA asked in Animal / Dog Law for California

Q: Hi. I was accused of not picking up after my dog. Do I have the right to confront whoever made that claim? Thank you.

I received a notice on 12/14 from the animal shelter that my dog was off-leash and defecated in a neighbor's yard. This is not probable as he is NEVER off-leash bc I've only had him a year and he's still learning the neighborhood. I have taken him to dog obedience classes and can prove my responsibility as an owner and his behavior as a dog. There was an incident on Nov 1 at 3:15pm where I had just finished cleaning up his poop and the homeowner pulled in and shouted at me. I told her it was already cleaned up and she swore at me some more so I just kept walking. I noticed that she started following me in her car. That is how I know the exact time. I waited 10 minutes and three street turns to make sure before I called Public Safety at 3:23pm to report the situation. The officer told me it was not illegal for dogs to poop but it was illegal for the homeowner to stalk me. She advised me to go home and call if confronted. The driver followed me to my driveway. I avoid her street.

Related Topics:
1 Lawyer Answer
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: If you are charged with a crime, you have the right to confront your accuser - in court or at an administrative hearing - and to question them about the accusation. It would be a bad idea to go to her door and "confront" her. Proving your responsibility as a dog owner by attending obediance classes has nothing to do with the accusation. There is no reason for your dog to poop in a neighbor's yard, whether you clean it up or not. There is a berm between the curb and the sidewalk. That is City property and your dog should use it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.