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Animal / Dog Law Questions & Answers
1 Answer | Asked in Criminal Law, Animal / Dog Law and Municipal Law for California on
Q: Can this ordinance be interpreted that no hunting is allowed. Santa Clara county

Sec. B14-34.3. - Grazing.

No person shall bring any animal upon Park Property for the purpose of grazing or holding animals without the express written consent of the Director.

James L. Arrasmith
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answered on Dec 4, 2023

The ordinance you're referring to, Santa Clara County Sec. B14-34.3, specifically addresses the issue of bringing animals onto park property for grazing or holding without permission from the Director. This ordinance is focused on the control of livestock or similar animals within park... View More

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: How can I respond in a way that both addresses the accusations/complaints, and encourage them to leave me alone?

I have recently moved into an appt in the beginning of last month, and have my two ESA dogs with me. Within the first week, my dogs got into a fight over a toy and it resulted in my need to call for emergency services as I had been injured trying to break it up. After communicating to the leasing... View More

James L. Arrasmith
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answered on Dec 1, 2023

In California, Emotional Support Animals (ESAs) are protected under housing laws. However, if an ESA poses a direct threat to the safety of others, landlords may have grounds to request its removal. In your situation, it's crucial to address both the legal and community aspects.... View More

1 Answer | Asked in Animal / Dog Law for New York on
Q: I left my cat with a friend and she got pulled over and the cat was confiscated because she had an open container

I called the precinct and they said that the cat was given away

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answered on Dec 1, 2023

Assuming your friend told the police that you were the owner and assuming that you can establish ownership, you would have to get a court order to force the police to reveal your cat’s location. You would then need to contact the person in possession to get it back. If they refuse, you would need... View More

2 Answers | Asked in Animal / Dog Law and Civil Litigation for California on
Q: In California do I need to set up a case management conference before Claim and Delivery

I'm filing for claim and delivery or replevin in California in order to get my dog back from the vet who did not notify animal control and then gave him away. If claim and delivery is a prejudgement remedy, why would I need a case conference?

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answered on Nov 30, 2023

In California, whether you need a case management conference before proceeding with a claim and delivery (replevin) action depends on the specific court and the nature of your case. Generally, case management conferences are set to help manage the progress of a case, but they are not always... View More

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1 Answer | Asked in Animal / Dog Law, Real Estate Law and Civil Rights for California on
Q: Hoa selective enforcement and service dog retaliation

Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More

James L. Arrasmith
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answered on Nov 29, 2023

Hi there,

If you're facing discrimination from your HOA due to your service dog, there are several steps you can take. First, gather all evidence of the discrimination and selective enforcement, including the video you took, photographs of other residents' violations that were...
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1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for California on
Q: HOA practicing selective enforcement and discrimination because of service dog

Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and... View More

James L. Arrasmith
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answered on Nov 29, 2023

Homeowners' associations (HOAs) must comply with federal and state anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act. These laws protect individuals with disabilities from discrimination, and this includes the use of service animals.... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Georgia on
Q: My dog was stolen, beat to death, &thrown over bridge. Was law enforcement supposed to visit the scene for investigation

I reported when stolen, they couldn’t help me even though I told them he was going to be killed. When I found my dog, filed a report, contacted animal control but they were closed for holiday weekend. I had to retrieve my dog myself. How are they investigating if nobody ever went to the scene or... View More

T. Augustus Claus
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answered on Nov 27, 2023

I am sorry to hear about the tragic loss of your dog. It is understandable that you are upset and frustrated with the way your case has been handled by law enforcement.

According to the Animal Welfare Act, all animal cruelty cases, including theft and animal killing, are supposed to be...
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1 Answer | Asked in Animal / Dog Law, Civil Rights and Personal Injury for Washington on
Q: If someone was running from the police and the officer release the dog without any warning to the individual tells the

Get him and the dog bites the individual for under a minute damage to leg would that be considered excessive force????

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answered on Nov 24, 2023

Determining whether the use of a police dog in this scenario constitutes excessive force depends on several factors, including the nature of the incident, the level of threat posed by the individual, and the adherence to police protocols.

The use of police dogs is generally governed by...
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3 Answers | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for California on
Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?

My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More

James L. Arrasmith
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answered on Nov 22, 2023

In California, if you are concerned for your child's safety in the custody of their other parent, you can file for an emergency ex parte order. This is a legal action where the court can make immediate decisions about child custody without the other parent being present, based on urgent... View More

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3 Answers | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for California on
Q: Can I file for an emergency ex parte order if my child was attacked by two pit bulls while in her father's care?

My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Nov 22, 2023

Call the police or go to the police station and make a police report. This will help you in your request to the court. You can always request an ex parte order for emergencies. If you don't have a family law attorney, request a facilitator. LA family law courts provide facilitators that are... View More

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1 Answer | Asked in Animal / Dog Law for Florida on
Q: If criteria for giving a dog as a gift are met, but the chip is in the gift-givers name, who owns the dog?

My mother and I met the dog when we transported him for a rescue group. We both loved the dog but he was being adopted by “C”. About a year after the adoption, “C” could no longer care for the dog. She reached out to my mother to ask if we were interested in adopting him. I said I was,. I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2023

It appears that C gave the dog to you. Your mother acted as your agent when she picked up the dog for you.

Registration of the chip doesn't mean much. It has no relation to ownership (as in the case of vehicles or land), but rather just a system to establish a point of contact in...
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2 Answers | Asked in Animal / Dog Law for California on
Q: can albert recover his two dogs that are impounded?

albert has/had 2 pit bulls. one bit someone. police took both and they have been in solitary confinement for close to two months [i think...or possibly fostered out?]. albert lost his civil case. he cannot find representation. we want to rescue his dogs, if at all possible. thanks for any possible... View More

James L. Arrasmith
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answered on Nov 19, 2023

In California, the ability for Albert to recover his dogs depends on the specific circumstances of the case and the local regulations in San Luis Obispo. If one of the dogs has bitten someone, the local animal control or law enforcement may have specific protocols in place for dealing with such... View More

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2 Answers | Asked in Animal / Dog Law for California on
Q: can albert recover his two dogs that are impounded?

albert has/had 2 pit bulls. one bit someone. police took both and they have been in solitary confinement for close to two months [i think...or possibly fostered out?]. albert lost his civil case. he cannot find representation. we want to rescue his dogs, if at all possible. thanks for any possible... View More

Robert Kane
Robert Kane
answered on Nov 19, 2023

A pit bull that has bitten someone will not be adopted out. Although Albert may be a nice fellow, it doesn't seem he is able to care for or control his two pit bulls. I would expect animal control to have him on its radar. Did Albert have insurance to reimburse the victim of the pit bull bite?

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1 Answer | Asked in Personal Injury and Animal / Dog Law for California on
Q: Esa hit by postal service truck left front leg had to be amputated can someone help me
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answered on Nov 17, 2023

If your emotional support animal (ESA) was injured by a postal service truck resulting in amputation, you may have legal recourse under California law. The first step is to document the incident thoroughly, including obtaining any witness statements, photos of the scene, and medical records for... View More

1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: On a county road my neighbor hit my dog on an unlicensed dirt bike and wrecked.Am I responsible for his injuries ?
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answered on Nov 16, 2023

In this case, your neighbor was riding an unlicensed dirt bike on a county road, which is illegal. This means that he was trespassing on your property and was responsible for any injuries he caused.

However, there are some exceptions to this rule. For example, if you knew or should have...
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1 Answer | Asked in Personal Injury and Animal / Dog Law for Washington on
Q: I was bit by a customers dog while delivering a food order. It's my gf's delivery account. Can I seek damages??

I could not just leave the order at the door because I needed a code from customer to finalize order. When she opened her door the big German shepherd got past her and circled around me and got between me and the gate and lunged and bit me below the kneecap. Police report was filed and I went to... View More

Steve Dashiak
Steve Dashiak
answered on Nov 14, 2023

You can absolutely seek damages in Washington. Washington is a strict liability state. The entire case hinges on whether that person has renter's or homeowner's insurance. There may be a speedbump because it was you and not your GF who made the delivery, but your attorney (and you should... View More

2 Answers | Asked in Animal / Dog Law, Small Claims and Landlord - Tenant for New York on
Q: Neighbor told landlord that they were going to sue me because my dogs are barking… Landlord texted us and told us…

It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 19, 2023

Dear Manlius Tenant:

The statutory warranty of habitability is confined to the tenant and landlord relationship. A neighbor does not possess the right to claim a breach by another tenant. Lawsuits based on the notion of private nuisance are expensive and difficult to establish. A court is...
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2 Answers | Asked in Animal / Dog Law, Small Claims and Landlord - Tenant for New York on
Q: Neighbor told landlord that they were going to sue me because my dogs are barking… Landlord texted us and told us…

It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep... View More

James L. Arrasmith
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answered on Nov 13, 2023

In New York, dealing with a neighbor's complaint about dog barking can be a delicate situation. It's commendable that you're taking steps to control your dogs' barking. If your neighbor proceeds with a lawsuit, they would need to prove that the barking is excessive and... View More

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1 Answer | Asked in Animal / Dog Law for Ohio on
Q: We live in Cleveland Ohio, Collinwood neighborhood, our neighbor has two dogs that bark nonstop at night

We've spoken to them but they don't fix the problem

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answered on Nov 12, 2023

Here are a few options you can consider to address the neighbor's barking dogs in Cleveland, Ohio:

- Contact your local animal control department. Persistent or excessive barking that disturbs the peace is prohibited under Cleveland city ordinances. Animal control can investigate,...
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1 Answer | Asked in Animal / Dog Law, Banking, Collections and Consumer Law for Colorado on
Q: Will a debt collection agency repossess my dog? how can I prevent that?

I fell behind on payments after losing my job.

The payments were towards a leasing agreement for a dog I purchased over a year ago. The amount on the lease was already much higher than the price that was listed on the dog but I didn't find out until after I signed the leasing... View More

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answered on Nov 12, 2023

In Colorado, the legality of repossessing a pet under a lease agreement can be a complex issue. Typically, pets are considered personal property, but repossession of an animal raises ethical and legal questions that are distinct from repossessing inanimate objects. If your lease agreement... View More

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