So you've seen my car then.
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Can Humane Society Legally Do This?
- Thread starter CindyE
- Start date
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So you've seen my car then.
Not exactly "Best in Show" huh?
FTFY
Tempting to file a complaint against them for receiving stolen property.
Kirk Freeman
Grandmaster
The answer is: on the opposite side of the block next to the alley so you can cut through it to get to the bar without your wife or girlfriend seeing you parked near the bar!
Nailed it!
Kirk Freeman
Grandmaster
They can. Where do you live so we can look up the enabling ordinance or code.
hoosierdoc
Freed prisoner
From what I know about animal control laws, whether or not they legally "can" take a dog depends on a couple of things:
First, animal control is different than a humane society, though in some places they operate under 1 roof (ie a charitable group is given the authority and budget for an animal control agency).
Secondly, they cannot take a dog just because they think they can. If there was a report of it being a nuisance stray, then can pick it up. But if you say you have possession of it, there is no legal grounds for them to take the dog. They also have in some cases some authority to intervene in animal abuse.
A lot of animal control guys get um, "enthusiastic" about their enforcement abilities. I'm guessing that was the case here.
The sticky part is that if you say "it's my dog now" then you might be admitting you have a dog you haven't licensed, ID'd, vaccinated, etc.
In most cases, the budgets are so tight for these organizations that it's ludicrous for them to be picking up dogs that someone else is voluntarily caring for. But you can't fix stupid.
I think sometimes you just have to remind them that they need some authority or reason to enter your property, and if no one complained about a disturbance from a dog, nor abuse from a dog, they can't enter just because they think you might have a dog (at least not any animal control agency that I know of).
Remember that while animal control might technically fall in the law enforcement category, some of the employees are minimally trained, short-term employees and acting on their own super-ego. If all else fails, distract them with "there is a pit bull about 3 blocks over there".
First, animal control is different than a humane society, though in some places they operate under 1 roof (ie a charitable group is given the authority and budget for an animal control agency).
Secondly, they cannot take a dog just because they think they can. If there was a report of it being a nuisance stray, then can pick it up. But if you say you have possession of it, there is no legal grounds for them to take the dog. They also have in some cases some authority to intervene in animal abuse.
A lot of animal control guys get um, "enthusiastic" about their enforcement abilities. I'm guessing that was the case here.
The sticky part is that if you say "it's my dog now" then you might be admitting you have a dog you haven't licensed, ID'd, vaccinated, etc.
In most cases, the budgets are so tight for these organizations that it's ludicrous for them to be picking up dogs that someone else is voluntarily caring for. But you can't fix stupid.
I think sometimes you just have to remind them that they need some authority or reason to enter your property, and if no one complained about a disturbance from a dog, nor abuse from a dog, they can't enter just because they think you might have a dog (at least not any animal control agency that I know of).
Remember that while animal control might technically fall in the law enforcement category, some of the employees are minimally trained, short-term employees and acting on their own super-ego. If all else fails, distract them with "there is a pit bull about 3 blocks over there".
A lot of back and forth in this thread. Just want to put this out there. If you find a dog and it looks like its been cared for and you want to avoid the gestapo. Then take the dog to any veterinarian and ask them to scan it for a chip. If you are already a dog owner you should already have a Vet. Takes about two seconds. If the owner chipped the dog the owner will be notified. That is the easy way. I have had much better luck with Animal Control than the Humane Society. I won't take a found dog to the Humane Society ever again. I won't go into the story but I got the impression I was sending a dog I found to the gas chamber when I took a found dog there a few years ago.
WE have tried to get animal control out here several times for strays and bad owners. They have yet to respond.
You were. It is the "Humane" thing to do.
Cass County
Since I wasn't there, I don't really know, but I was told the animal control guy did act like he was on a power trip. I did hear a voicemail from him, and he sounded nice enough to me.
He did mention he'd been doing this for awhile and had experience. The others thought he was being cocky, I thought he was just trying to be reassuring. For now, we are working with the shelter and hoping the owner steps forward.The guy that found the dog did take it to a vet, she is also trying to help find the owner. Just so happens to be our vet, too.
I imagine the shelter workers and animal control probably have a difficult job to do. I feel a little better after talking to them again yesterday after I posted this. It was just a big mess all the way around! Normally we don't get that involved with every stray that comes along, but this one evidently tugged at my husband's heart strings. We still hope the owner is found, we weren't really planning on another dog, so that would be the best scenario!
Since I wasn't there, I don't really know, but I was told the animal control guy did act like he was on a power trip. I did hear a voicemail from him, and he sounded nice enough to me.
It looks as though the HS in Cass County is paid to do animal control work both for the county and for the city of Logansport. Logansport defines pretty much what I said earlier, that there needs to be evidence of cruelty or disturbance for them to impound the dog. "Disturbance" can be as simple as running loose but once the dog was contained and cared for I'm sure they had no authority to insist on taking it.
Any animal may be captured and impounded by any peace officer if such animal:
1) Is found running at large within the city.
2) Is a menace to persons or other animals.
3) Is suffering or reasonable suspected to be suffering from an infection or contagious
disease.
4) Causes serious annoyance or disturbance to persons in the neighborhood by habitual
howling, yelping, barking, meowing or any other type of loud noises or otherwise.
5) Is kept in any unsanitary manner thereby causing odors which are annoying and
disturbing to the persons in the neighborhood.
6) Is treated by the owner in a cruel or inhumane manner or be considered as an
abandoned animal.
I didn't find the ordinance for the county, but it's not likely he had the authority he exercised.
As a Humane Society, the shelter probably has a board that controls actions, hires employees, etc. My suggestion is that they need to know how this person is behaving and reel him in a bit. Your vet might even be involved or suggest who could be called to politely express your concern. If they are organized, that may be enough to change behavior in the future.
I do suggest that you tell someone with some authority because I've seen people in such position get increasingly abusive in taking animals until someone stops them or replaces them.
Never considered that option.
