This doesn't seem right. I contacted a family member of the owner who said it was the relative's dog but afterwards got no response of what she wanted me to do with the dog. I do not want to give either of them back to her. Sec.40c states even further that dog owners are responsible for carrying some form of container or instrument (poop bag) to remove the feces. Here is the situatuon, my aunt was living with a friend, (only a friend, not lover), he moved out of state 9 months ago, basically cross country. this should be simplified. 6.12.020 Leash required for dogs off premises. A dispute between neighbors in Fairfax County over that perennial suburban pet peeve unscooped dog poop has grown so big that the case is set to go to a jury Tuesday. Steve has addiction issues and is moving to WA. I would love to adopt her legally but don't know the process. That I have to give him back. PHOENIX (KPHO/Gray News) - An Arizona man is facing a murder charge in the death of his girlfriend's 1-year-old son. 3. Business License. I know she went through divorce and all but anyhow, looking forward to hearing from you. This woman is now living in a different state, thousands of miles away. Ive had the dog for 10yrs. It's cost me money with constant required grooming etcWhat''s my legal rights? A young child in the family attaches to, loves and cares for the animal, even though their parent covers cost of food, vet care, etc. I'm not a lawyer, like the owner of the blog is, but there's a good deal of hear say in your story without any definitive facts, so it's very possible the owner never relinquished ownership of their dog and you were transferred someone else's property. 11-1012. Hi Brooke, We and our partners use cookies to Store and/or access information on a device. I would like to keep him forever and worry that If his family comes for him. Saying that the state of Arizona values pet and animal life is definitely an understatement. 8-15. The dog up. I had her watch him when I was on vacation and she decided to keep him. 13: Rabies/Animal Control. 5 days ago I discovered the cat is with a neighbor within a quarter mile of my house and won't even give me access to him. Please keep in mind that, technically, this statute requires that the property be turned over to the government agency to hold, but in practice they often allow finders to hold dogs for them. However, because dog bites fall under the umbrella of strict liability, the statute of limitations is restricted to one year under Arizona revised statute 12-541. If you have a barking dog issue and the owner resides in an unincorporated area, you may call Maricopa County Animal Care and Control at 602-506-7387. You have all paperwork to show the police that the dog is yours and yours alone. At the end of the government 72 hour stray hold, the government owns the animal and the prior owner has lost all rights to his or her property (said animal). On August 29, 1978, San Fransisco enacted its first pooper scoper ordinance. This has been going on for three weeks. To answer the several recent questions along the lines of, "I have had a dog in my possession for X days/weeks/months, and have made efforts to contact the original owner -- what can I do? Excellent article! Leash Law Violation Steps 1. The law states that pet owners must pick up and dispose of their dog's feces on public property and property of others. When I told Steve my ex he had to move he announced Bear was going with him. He can't take care of Bear. And for good reason. Chris. MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE . Good luck! If your dog is found by animal control, it will be returned directly to you. In the middle of all the activity when we were there, they had me sign the signature page of a document I was not asked to read nor was I given a copy of it. Both animal activists and the ASPCA saw a poop scooper law as the first step to banning dogs. Simple animal control resolution, manpower and budget issues aside. She never learns to research her animals and doesnt listen to her friends or professionals about how to care for them. Did you attend the New Hope legal round table meeting at MCACC? The seller would not reply to me. Hello Chris And by the az 6 day law they get to keep her. Article 1. But let that POS owner hear a year later that you spent $1000 restoring his neglected property to good health and collected a $150 adoption fee, AFTER 30 days of due diligent search, suddenly the owner loved his dog and sues the pants off of rescue/good citizen. Answer: Yes. Is there any recourse for my aunt at this point? He can't even take care of himself. She wants the Sonora Desert Tortoise back because its not dying and she does not care what happens to the Russian Box Tortoise. The state does not have a statewide pooper scooper law. Families before she got the dog and then gave him to 12-941 (http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/12/00941.htm). He arrived severely dehydrated and extremely malnourished and underweight and his eyes may never work again because they were sealed shut for so long you couldnt tell he had them. But for outdoor dogs, the situation can turn tragic quickly if they're not properly cared for. After seeing a picture that they sent her she noticed a certain fearful demeanor in the dog. City Code. I've been watching a dog now for about a month, while the owner took care of a health issue, not once in the month has the owner called to check on the puppy or offered any kind of financial help. Can they request to have their dog back if he was not microchips, vaccinated, registered with the county nor did he have tags. where is the rescue? Chapter 3. The phone number was disconnected. Small animal waste from typical domestic pets such as dogs and cats must be placed in a plastic bag, securely . To me the puppy is attached her as she is to him. to the fullest extent permitted by law, municipal code corporation disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. 11-1008 says that all dogs over 3 months of age must be licensed with the county. Registration includes documentation signed by a licensed veterinarian or state/local authority that the pet has received all inoculations required by state or local law, and that the pet has no communicable disease(s) and is pest-free. Hi Mckenzie, So our neighbors dog was out when we got home last night and we've tried contacting them and we know they've gotten our messages and have been home when we've knocked but they don't seem to care that their dog is gone. If a pet is not reclaimed within the impoundment period, the county may place it for adoption. Sec. It lets the cities make their own pooper scooper rules. For more information on mediation. The dog has started running off. Number 2 (sorry not sorry): it's bad for our health and bad for our pet's health. "It's kind of disgusting . So, the next day he came running to her again and the woman came after him and was very nasty to him. I believe we have a stable home for her with lots of love and structure along with consistency.now the original owner says she is coming for her dog and I am attached and worried to let her go cuz I believe she might not ha e a suitable/ stable living environ ment her due to her constant moving around and her alcoholism and mental state. The dog was vaccinated and the Vet declared my sister the owner of the dog. Our dog has live with me and slept in the same bed with me for over a year and I dont want to give her up. Optional Contact Person or Organization Form, Affordable and Subsidized Housing Waitlist, Guiding individuals who are blind or have low vision, Alerting individuals who are deaf or hearing impaired, Providing minimal protection or rescue assistance, Providing emotional support to persons with disabilities who have a disability-related need for such support, There is reliable objective evidence that the animal poses a direct threat to the health or safety of others that cannot be reduced or eliminated by a reasonable accommodation, There is reliable objective evidence that the animal would cause substantial physical damage to the property of others, Keeping the pet would violate any pet restrictions listed in this policy. We offer many services to the community: adoptions, rabies vaccinations, dog licenses, micro-chips, spay and neuter opportunities, stray dog pickup, dog and cat bite investigation, and a safe place to stay for the homeless dogs and cats that come to our two . However, bear in mind that these laws do not apply to police or military dogs that bite in self-defense or while assisting law enforcement. So if someone does everything possible to find the owner of a dog websites Flyers at County pounds Flyers at vets offices online postings excetera how long do they need to do that before it is that considered abandonment should the owner eventually come forward? When on the dog owner's property, the dog must be confined within a suitable enclosure on the dog owner's property or secured so the dog is confined entirely to the owner's property. Bear in mind that you cant take a plastic bag out of garbage and use that. If not, them I think they have a right to ownership if they can prove it is theirs, From his words above - "Determination of the ownership of an animal, just like ownership of any property, depends on the evidence that a person can provide demonstrating a claim to ownership" if the person has no proof - like pics, vet records or any single thing then I wouldn't believe them, they could've just seen the cat in your window and remembered from the complex and now that you've taken the time to tame etc now they want it?? A dog walker. Make sure you have his car make/model and plate # written down somewhere just in case (I don't even know my own plate # so I definitely wouldn't know someone else's) Good luck, I hope it was just an empty threat because he was mad about the eviction notice. I gave him an eviction notice this past Sunday (1-28-18). Nic, do you know the name of the rescue?? Being the person having possession of the dog, you have a responsibility (legal and moral) to get the dog treated if he is very sick. It can be a tough call. The owner is going to prison for 9 months. Although the law may vary from state to state, most states have a law that requires dog owners to pick up their dogs poop or known as the pooper scooper law. This means, in most states, yes, it is illegal to let your dog poop in someones yard. Chapter 7. Dog owners moving to Tucson and other cities like Phoenix and Scottsdale should be aware of the area pet laws in order to avoid fines. SECTION 1 . We have them my number and then they become elusive. Man in a rehab dog was put in the pound social services sign the dog out gave it to me to hold for 3 days Until the man was just charged from rehab. The vaccination certificate must also include your pets description, the date of vaccination and type, as well as the manufacturer and a serial number of the vaccine used. Fees range from $100 for the first violation, $200 for the second violation and $500 for subsequent offenses. His owner gave him to me. I travel a lot for work and I do not have the resources to have this dog or take care of what his health needs are. She made racist comments which implied that because the family were Hispanic they did.not treat the dog well and that she made the decision to keep the dog. What do I do? We are all fearing that she is very abusive toward him in private if she is kicking him in front of someone. A.R.S. I apologize for the extraneous post but accidentally I subscribed to comments and am still interested in following. My question is, if I can't serve the owner with a certified letter because her address is unknown, can I text her saying that I will consider the dog abandoned, and how long do I have to give her to respond. Signs requesting dog waste removal are seen in many California locations. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. His mom thinks she has legal rights to the dog and wants to take her away from me because we werent married. For both of your situations, the answer is basically the same -- you can file a lawsuit against the people who currently hold your animal. The owner put up flyers, canvassed the neighborhood, posted on various sites. . Bringing a new pet into your home is a very exciting time, but its important to not forget about Arizona vaccination requirements. Your aunt should collect all of the documentation that she can regarding her exclusive care for the puppy, as well as anything else that can demonstrate that she is the rightful owner and caretaker for the puppy, and refuse to let her friend have him. If youre moving from out of state, your dog still needs to be licensed with your county. The government protects itself. I hope this helps! He was very skittish, but loving. 1. Again, thank you for your comment. Here, your claim would be that the original owners of the dog have abandoned her. I was advised to consult an attorney. For one, your dog cannot be off your property unless its restrained by a leash. The family has bonded with her. What actions can I take!??!? I have owned the dog for 1 week and love him. If you do pick up after your dog while walking in the woods, please do not toss bagged poop into the woods. Ive put my dog PIC on social media. The 6 day law of ownership ONLY applies to liability, not the finder's ability to claim the property as their own. To check for a chip as these people say the %PDF-1.6 % 12. My situation is different from most on this post. In this case, the owner has the dog back, so the issue would be whether or not the owner should get the adoption fee back. MeanwhileI still have the pet in my home and can not keep him. 10. Home Detention and Continuous Alcohol Monitoring Program, Talk to your neighbor or leave your neighbor a note about the barking. Certificate of Title and Registration. More than 55,000 dogs and cats entered the shelter last year. This started about 8 months ago. Taking and Handling of Wildlife. I placed an ad to rehome my dog and an organization contacted me to rehome him. You will need proof of current rabies vaccination . TO ALL I am thinking of taking Bear to a friend's house and leaving him there until my ex is gone. Nonetheless, a pet has its own particular needs, and some judges will take those into account when deciding who owns them. Hi Mandalesha, Being a lawyer means often correcting the legal misconceptions of others. During that time he took it upon himself to get her spayed and all of her shots updated. The other night we got into an argument and he threatened to take her back (hence the soon-to-be ex part) and I was devastated. I did. She has been with us for several months now. Hi Cesar, He has made no attempt to make any arrangements prior to this to get the puppy back. I lost my (chipped) cat one night a year ago. You can flush dog poop down the toilet. vanessa.bueras We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. What are her rights in Arizona as she had him over a month and they had him 5 day. Though you can sue the original owners for ownership of the dog, you do not have to. With our regular service, you'll be able to relax and move about your yard freely without having to worry what's underfoot. She has a long history of animals dying from neglect and a few have just been straight up intentionally set to die. It would be as if a roommate took your things when they moved out - theft! I'm afraid he's going to get picked up by someone or run over before finding him. There is a time limit, though it can vary depending on the circumstances. Tell your ex if he leaves with Bear you will file a police report because that will be theft. And for the weeks he was missing they did not search for him. My ex has my dog and claims it is her when we got him but I am the custody holder, bought all the food and cage and toys, have all the vet bills in my name. Coco, the dog was left with a not so caring sitter for about a month, underweight and stressed. It is recognized that the ordinance was written when PACC's main roles were enforcement of rabies laws and the rounding up of stray roaming dogs. You should either take him to the vet or to a non-profit agency that will take him to the vet. They had only for 5 days. Kelly, PLEASE SEE ABOVE. For example, in Seattle, you will be fined $54 if you dont carry a poop bag. The law states that a person who owns, possesses or controls a dog, cat, or other animals must clean up or remove their pet waste on all private and public property. We made it clear to the owner that we couldn't keep them. I have a question, I obtained a dog on Thursday, the holders of said dog stated they took dog to vet to see about microchip, vet office called owner, owner told vet that he doesn't want him because he is a runner, vet office calls holder, holder comes to pick up dog again, holder posts on social media, it's shared, comments show that dog has been around awhile I personally have seen the dog a few times in the neighborhood the last few years. Theres no chip or tags. SMH. A.R.S. Box 1317, Maricopa, 85139 Barking dog issues are addressed through the local noise ordinances of the city or town. Because it was just discovered the horse has laminitis and should not be bred anymore because of it, since it will only cause the laminitis to become worse until the horse becomes lame. Oh, he ran away. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. In addition to guidelines for registering a house pet, state law A.R.S. Where as Justice is ok for 1k. Unfortunately, I just don't know what can be done to keep him from taking the dog while you're at work or something or not there when he actually moves out. Clearly the current possessor (can't posses a cat I presume) dis not do their due diligence and check the Cat for a chip or look at the posters on the mailbox, ours and his are the same, nor associate the discussions I had with him during my search for the cat, I do know him. Now the original owners are claiming they will call I have a question a friend of mine was giving me 2 Saint Bernard puppies we have been over to see them numerous times we've had text messages back and forth telling me that the puppy is going to be ready to go on June 16th we told her which two we want it it's all in text messages and now she's telling me that I cannot have the puppies and I'm trying to find out if this is legal if she can keep the puppies away from me even though she's already said I can have them verbally and through text, Hi Angela, What do you do when the case is abandonment after 6 days with Constant Contact trying to find the owner. Sec. Weve cared for a dog for a month and just found out it has a chip unfortunately the former owner has tried to claim it what can i do to keep the dog that ive grown attached to and love? A.R.S. Bear and Tacoda are very close. Hi All, Chris (the owner of the website and the author of the original post) here. For additional information or questions, please contact: Maricopa County Environmental Services Department Stormwater Quality Program 2222 S 27th Ave Phoenix, AZ 85000 602-506-5557 esd.maricopa.gov Pet Waste 2/28 . Any suggestions might help, I dont think it is right for her to leave a dog for so long, financially as well, and expecting to get it back as it is now a key member of our family. This is an issue of general property law. uuid:5a1b77d8-ad6f-4ed9-a05c-ac9a8bf27b6c This is merely the starting point. History of Maricopa; Populations & Demographics; Residents . Then my boyfriend passed away and I am back home with our dog. Apply for. She would really love to keep the dog. Hi Roz, I have been taking care of my daughter's ex-boyfriend's dog until the boyfriend and/or his mother could make arrangements for him. She literally broke down in tears when he said he wanted the puppy back. The dog was passed from a couple Is it? Maricopa, AZ adopted the Pinal County animal ordinance. Did I file everything wrong? Lets examine this pooper scooper law for various states. I feel perhaps the owner doesn't have access to online forums or the means to put up lost dog posters. Dog owners need proof of current rabies vaccination before licensing their pet, including: Once licensed, the county will provide a durable dog tag that lists the name of your county, your dogs license number, and the year it expires. Arizona Revised Statutes Section 11-1001 Definitions: That's so wrong and something needs to be done about it. They called the number and my aunt told them it wasnt my dog. At large means being neither confined by an enclosure nor physically restrained by a leash. Reply. if yes, then the other person or office should have that documentation showing the cat is theirs. The puppy has been in our care since 12/18, does the ex-friend have legal rights to the puppy?. Chris Speak to your neighbor or write the note in a friendly manner. We have another dog too who is almost 5. to find the owner, then the general property law applies. Unfortunately, this is likely an enforceable contract, but without better information I could not say. The law states that pet owners must pick up and dispose of their dogs feces on public property and property of others. The last one she gave to a couple with a child. 13-1208 dictates that the owner or individual responsible for an aggressive dog must take reasonable care to prohibit the dog from escaping the owners property or enclosed area. My apologies for not responding sooner -- I get very busy. Owner means any person keeping an animal other than livestock for more than six consecutive days. Animal Control. Sections 6.04 to 6.24.090. Thank you for making this such an awesome post! I'm sure your name is on all vet bills that have been paid for the dog, etc. The consent submitted will only be used for data processing originating from this website. Hi Chris, 40 of the citys health code, dog owners are required to remove or clean up any feces left by their dog and dispose of it into a proper dog poop disposal container. 10 0 obj <>/OCGs[25 0 R]>>/StructTreeRoot 80 0 R/Type/Catalog>> endobj 7 0 obj <>stream While duration of possession can be an important piece of evidence, it is not conclusive. She expected that when you were eating she was going to eat your food also. If the police are called they can't do anything either if the person has no proof of her claims. His owner isn't refusing to get him, just continues to tell me he's working on a solution. Please do not throw bagged pet waste in storm drains, leave it on the ground, or toss it in the woods. A friend had a dog come onto her property recently. There are hundreds of adoptable cats and dogs awaiting a new home. What should she do? My question is what can legally be done to get the name of the said client from the person that picked my dog up in the first place. Refer your neighbor to our website; we have great tips for owners on our. Is there a case here of discrimination? A. Wastes from animals and pets must be removed and disposed of to prevent creation of a nuisance or health and safety hazard. You may also be able to file a "John Doe" lawsuit and subpoena the person who picked up your dog to provide the name. My scenario is i have been in possession of a beautiful white dog who just showed up at my house uncollared. See Our Top Picks: Best Dog Poop Disposal Container. Thanks for your reply. I know that this really does not give you a solid answer, but unfortunately that is how this area of law is. The case you cite? At large means being neither confined by an enclosure nor physically restrained by a leash. She has been solely caring for the puppy for the last 9months. The animal, we now call Betty, has been with us for several months (4-6 months now.) All of a sudden the dog owners had been found and she pulled the post. I am not entirely sure what you mean by this, but general abandoned property law requires a person who wants to keep property they have found (in this case, a companion animal) to make reasonable efforts to find the owner. To be defined as a "dangerous dog" ( FLSA 767.11 ), a dog has either aggressively bitten or attacked a person, chased a person while unprovoked, or has more than once severely injured or . the dog had a chip. The person having custody of any dog shall immediately remove any feces deposited by such dog., The City of Long Beach Municipal Code states that pet owners shall not permit their animal to defecate on any public sidewalk, park, or building, or any private property without the consent of the owner of such private property unless such person removes any such defecation to a proper trash receptacle.. Responsible pet owners could face up to $100 in fines. Thank you so much B. We want to adopt dog and are worried that when owner is released he will come take custody of the dog. Chapter 7. License for dogs: All dogs not exempted under other provisions of this ordinance must be licensed in accordance with Arizona statutes, this ordinance, or laws of another State. Para espanol haga click en el icono de Google y seleccione Spanish. In fact they flipped back and forth regarding justice court vs. Superior Court on where to file. Any information would be helpful. KPHO reports a Maricopa County grand jury indicted 23-year-old Diego Miguel . They answered all the questions exact to prove its my dog. As I have mentioned, anything that supports the idea that the dog is yours will support your claim to ownership. 8-16. After a few months of watching her he claimed that she was his dog and refused to give her back to me (because I was now in a relationship with someone new). What are the laws to finding a pet with regards of doing little or nothing to find the owners? A vaccination certificate signed by a licensed veterinarian, Date vaccination was given and how long it is valid, If the dog was on the owners property, public property, or private property, If the owner took proper care to keep the dog enclosed. Typically, personal injury cases have a statute of limitations of two years. It is required that all dogs over 3 months of age be licensed. The situation you are describing is a general property abandonment (or not, depending on which side of the case you find yourself) scenario. Steve has no idea where he is going to live. Ten or so years later, the then-child comes of age and begins the process of moving out on their own, and believing he has "raised" said animal, takes the animal with them. State law A.R.S. He can now be placed on the e-list, immediately adopted, or pulled by a rescue. People food and canned dog food only is what she was eating for 2 years and definitely not getting the nutrition she needed. At our apartment there isn't any way she could just escape by herself so, I'm just wondering what the laws would be if we decided to just keep her if they just don't get back to us..? When taking him outside, we now have to put him on a leash. 2012-01-26T17:00:48-07:00 The police because There's so many unanswered questions here, the first being, was the person that the vets office spoke with the legal owner of the dog? This page provides tips and other helpful information and resources to people who are disturbed or negatively affected by barking dogs. Barking Dogs. Once your dog has received its vaccination, its time to dive into dog registration in AZ. One thing is clear -- the original owner (who left the animal behind) should have no claim. Thank you very much for the information. Under Arizona law, you are required to provide water and shade for outdoor pets. I have cared for this mare for the last 9 months, feed, feet, vaccine, vet, stud fee etc.. What are my rights since everything was verabal agreement. 10. They had him inside. 12. Hi Amber, What can I do? Did you do anything to find the owners? Unlike states that have a one free bite rule, Arizona has whats called a strict liability law. Whether you are a rescue, MISINFORMED by both Maricopa and Pinal counties, or just an animal loving member of the public, you are a sitting duck if you take in an animal and attempt to find the owner, but fail, because the POS owner isn't looking for their property.