ALSATIAN SHEPALUTES by L. E. Schwarz

CHAPTER 13 - DOG LAWS
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HISTORY
GENETICS
CREATING NEW BREEDS
STANDARDS OF THE BREED
SHEPALUTE CLUB
NAS REGISTRY
SHEPALUTE PUPPIES
NUTRITION
GENERAL CARE
GROOMING
HEALTH CARE
TRAINING
DOG LAWS

In the United States, the law is based on the constitution and the preservation of constitutional rights. Under the constitution you have certain obligations or duties, but you also have certain rights which are protected. (So far).

Some of the more important guaranteed rights are:

1. Freedom of speech and the press.

2. Freedom of assembly and religion.

3. The right to vote and to hold public office.

4. Equal protection under the laws.

5. Protection of individual privacy.

6. Full enjoyment of one’s property.

7. Due process of law.

There are two basic principals under which the laws are suppose to operate:

1. Fairness -- if a wrong has been committed, the remedy should as much as possible, make amends for the wrong.

2. Equality --- all individuals are to be treated alike.

I would also like to include a little bit on the spirit of the law, which has seemed to be disappearing while the letter of the law is being more and more interpreted and amended.

The spirit of the law is that for which the law was written. It is not and was not spelled out specifically to be picked apart and indiscriminately interpreted by persons who wish to make of it, as they will. The spirit of the law for me is the most important part of our legal system and that, which is being denied or over looked. It is so important that I feel that all people should study the law! Too many innocent and undeserving people will be put in jails in the future if this country continues on its current path. I hope and pray that others will be able to see these things and will help keep our citizens out of the jails we have in this country. Learn the laws!

When I went through the police academy, one of the many things that I learned was that a police officer could arrest anybody he wanted! What you say? How can that be possible? Believe me it is true and they know it! All they have to do is just follow a person around and/or wait long enough and that person would commit a crime or offense. How could that be possible? Because there are so many laws!

Anyone can and will be arrested for any number of them! Arresting persons brings more money into the legal system. It also protects law enforcement employment positions. Most of the public is unaware of the vast number of laws and more and more are being added everyday slowly taking away our rights to live our lives as we see fit. Pay close attention. Watch and listen.

Animal Law History --- In the beginning dogs were of no value to human beings, except to follow them and observe them. We learned from them or scavenged from the meat that the dogs took down. The Homo sapiens would then scare away the dogs and take the dog’s kill.

As the world progressed and humans raised animals for food, scavenger dogs were chased away from the flocks and or killed by stoning or spearing.

Rules governing rights of property owners began to appear and a collection of laws evolved concerning all living beings and their behavior towards one another.

Regulations became necessary because of the increase of the number of humans and animals and the likelihood of interference with the rights of others. Also because regulations brought in money to the state or county. (Regulations and laws are restrictions on what we and our animals are permitted to do.)

In large cities a pet owner cannot permit his animal to disturb (bark or soil property of another) without violating a law.

The offending neighbor is also restricted in his behavior. He is not permitted to discipline, harm or damage another's property (pet).

Many laws govern the dos and don'ts of animal control and individual liberties of both animals and humans.

Penalties to owners are fines and having their animals quarantined.

Unlicensed, unleashed dogs are considered public nuisances and a pet owner may be fined because an animal regulatory law has been violated. His pet is confined and if the owner does not redeem his pet the dog may be put to death.

Legal status--- In the past animals were classified into groups according to their legal status. Many of our laws stem from the old English common law. Livestock was property status of great value and dogs were owned for pleasure and were not entitled to as much protection as food animals like cattle or sheep.

Some of the old legal classifications of animals divided these pet animals into groups such as dangerous, ferocious, mischievous, nuisance and harmless.

Any animal could be transferred from the harmless category into the other categories if their behavior caused someone inconvenience.

The transfer of dogs from harmless to the harmful status was often because the dog had begun chasing livestock, which of course was of value. The owner of a livestock animal was then entitled to ask for redress.

Some of the earliest taxes on dogs were levied for damages caused to livestock owners.

Today the principle of dog licensing is based upon the premise that fees collected for licensing are used to pay for regulation and the enforcement expense of laws involving dogs.

Animal Laws and Cruelty Laws

Animal Rights?

Animal Right Organizations

Animal and Cruelty Laws-- In the days of the presidency of Abraham Lincoln, Henry Bergh “The Great Meddler” was sent on a special presidential mission to learn about laws concerning cruelty to animals. (Actually the president just wanted to get rid of the pest!)

Anyways, Henry Bergh’s travels took him to Moscow, Russia, England and to other countries. He couldn’t find enough inhumanity towards animals here in the states so he had to look elsewhere. Henry’s observations and information helped gird him with the necessary knowledge to be able to establish the guidelines for the American Society for the Prevention of Cruelty to Animals, (A.S.P.C.A.), which was located in New York City.

This organization had a charter and was under the laws of the state of New York. Early regulations were enacted covering the prevention of cruelty to animals.

One day, the case of an abused child was brought to the attention of the Meddler, who took a policeman and went to investigate. The charges were more than true. The youngster, by the name of Mary Ellen, had been beaten and battered by a foster mother who had custody of her.

The Meddler tried to have the women arrested for cruel and inhumane treatment and was informed that there were no laws preventing cruelty to a child in the state of New York.

The Meddler found that there was not even a law in the United States that he could call upon to prosecute the foster mother. At that time there had been a law against cruelty to animals in the state of New York and it had been there for approximately two years.

Henry the Meddler proceeded to secure a warrant charging the woman with cruelty to an animal. She was arrested and was brought smirking into the courtroom confidant that she would be exonerated. However, when the judge demanded to see the evidence Henry Bergh carried the beaten bruised and bloodied child in a blanket into the courtroom. Unwrapping Mary Ellen to show her injuries he stated that the animal in his complaint was a human animal named Mary Ellen. And that his evidence was visible in the marks on the child's body. The judge pronounced the mother guilty of cruelty to an animal, thus laying the foundation for the enactment of the laws preventing cruelty to children and protecting them from inhumane treatment. (“Laws Pertaining to Animals“, Less. 30, p.1)

Owner Liability

Some folks cannot handle the breed, which they wish to own. I have seen this over and over again. Many times the public would come to me to discuss a breed of animal that they would like to purchase and ask my opinion. The first thing that I would do was to give them a large book with the many different breeds in it so that they could make a list of which dogs they thought might be the one for them. Ninety-five times out of one hundred those people would continue to choose an animal on its looks alone. The look that appealed to them. And ninety-nine times out of one hundred it would be the wrong breed for that particular family. We would go over the words that described the breed and how the written words might hide the fact that this breed is particularly noisy, or dominant in its behavior or hyper. Have you ever noticed that the breed books never say anything negative about the breed?

(Did you ever have to make out any of those Navy personal evaluations? Every word in it is nice but it all means something different to the folks who understand the words. Well, that’s how you have to read those breed books).

Then we would get back to reality as to the fact that no one in this family who is looking for a puppy has ever had a pet dog before. This drastically eliminates the choices for the breed whose personality and character will fit into their lifestyle. The new owners must understand that their choice of pet is their responsibility.

It is my firm opinion that all pet owners should be held legally accountable as to their pick of the breed of dog they choose to be a part of their household. I also believe that the seller or breeder should hold some form of responsibility as to the temperament of their dogs and/or choice of breed being sold to the public. As a breeder/seller I personally knew if an individual would not be able to handle the type of breed that they wanted and I would tell them up front. I would also require them to sign a form that would not hold me responsible. And of course I would tell them over and over again about the breed and how that particular breed might be too much for them to handle.

Anyone who owns a dog is legally responsible for controlling him. Most states make the owner liable for any personal injury or property damage caused by his pet.

Property Damage and/or Personal Injury --- Owners of animals who damage another’s property or injure anyone may have to pay all the medical expenses. The victim may also be entitled to loss of earnings as well as any pain and suffering, scars or deformation that the victim will have to endure for the rest of his life. This can add up to millions of dollars!

Spouses may also be entitled to some money or income just because you could not control your animal. All this doesn't even include a malicious or reckless owner. A court may double or even triple the damage award for an owner of an animal whose conduct was particularly disgusting.

Who owns the dog? This could be proven with evidence as to who paid the veterinarian bills as well as with witnesses that saw the dog at your house for over a period of thirty days.

Dog Bites --- Most states have statutes that impose absolute liability on the owner for any injury or damage caused by their pet no matter who is at fault.

An injured person often sues under this dog bite statute because liability is automatic. This means that the victim does not have to prove that the owner did anything wrong. Strict liability may be imposed regardless of whether or not the owner was careless, tried to prevent an injury, or was unaware that the dog was dangerous.

In most states the burden of proof lies on the owner of the dog to prove that he was not at fault.

Postal Workers --- You must be sure that your dog does not interrupt the postal person’s job in any way. You can be sued if a postal employee is injured by your dog and the postal service can pursue collections for all damages, including lost wages, medical costs, and damage to personal property and clothing plus any scars left for life along with any pain and suffering.

Negligence --- Habitually neglecting to do what ought to be done. Conduct that falls below a reasonable standard, the standard of care that the law considers you owe to others. If the injured party can show that you were unreasonably careless in controlling your dog, compensation may be awarded for harm that was reasonably foreseeable as a result. Not having a leash on your dog is a negligent act.

Nuisance --- Anything which repeatedly causes a substantial and unreasonable or unlawful annoyance, disturbance, inconvenience or damage to another. Some ordinances require two or more households in order to declare the problem as a nuisance.

Here are some examples of what a nuisance may be:

1. When your dog is barking all the time or late at night or after curfew when reasonable working persons go to bed, or if your animal utters barks or cries which are so load, so frequent and this continues over such a long period of time as to deprive other persons residing in two or more residences in the neighborhood of the comfortable enjoyment of their homes.

2. An unlicensed dog. Can you believe this one? I can’t figure out why my unlicensed dog would be a nuisance to my neighbor! Some folks have told me that licensing your dog helps to identify the dog and return it to its owner. During my lifetime as a child we had a few dogs that would get out and run at large and they were licensed. We called the local pound everyday looking for our dog and we were told that he was not there. Well, day seven rolled around and we all know that day seven in our pound was the day of death. Somehow it always happened that on day seven we would get a call from the county pound that our dog was there. We would go and get him of course. Well, being curious as I am, I asked the officer at the desk to look on the dog’s file and tell me when the dog was picked up? Well I am sure you all know that our dog was picked up on the day we lost it!

3. A dog is a nuisance if he is off the owner’s property, in the road or in any other public property or on somebody else's property where he doesn’t belong.

4. Your dog is a nuisance if he gets off your property and inflicts physical injury upon any other animal or owner of that animal and it was unprovoked.

5. Any unprovoked or threatening behavior towards any person when such a person is conducting himself or herself lawfully and which occurs in such circumstances as to cause such a person to fear for his or her physical safety.

6. When your animal damages the real or personal property of another person other than the owner or keeper and this happens off the property of the owner or keeper.

7. When your animal dumps over trashcans or spreads trash of the property of the owner or keeper of the animal.

8. When your animal chases pedestrians, vehicles or ridden horses which occurs off the property of the owner or keeper.

Such public nuisance may be “abated” in accordance with the procedures set forth in sections.

There is that word - “abated” now that’s not a bad word is it?

By the way, I suggest that you read the laws well as your dog may be “abated” (destroyed). They use an indiscriminant word, but it means the same thing as KILLED.

First published by AuthorHo8use 08/13/04
 
ISB: 1-4184-3922-3 (paperback)
ISB:  1-4184-3921-5 (Dust Jacket)
 
Library of Congress Control Number: 2004092461
 
Printed in the United States of America
Bloomington, Indiana

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