Animal Control Officer, my dog, and a summons ...

[leetninja]

Apparently, my dog got out of the yard while my girlfriend was opening the gate, and tried to pay with a dog who was passing by with it's owner.  The other dog didn't want to play.  There was a small spat between two large dogs with absolutely no injuries on either side. 

oh boy ...

An animal control officer called me today and left a voicemail on my unpublished private VOIP phone service (how he got this number i have no idea) stating that there was an "incident" and that "there is a summons to court" for me at the Salem PD.  To "call them ahead of time to let them know you are coming down", and that "it is waiting for" me.

I called my lawyer who says to not go down and to call instead and ask questions.  I did, they wouldn't tell me anything and wouldnt answer the questions.  Wouldn't tell me what it was for, what they are taking me to court for, what charges if any, what the problem is, what the report says, or any other relevant information.  Claimed they "didnt know."  So I did was the lawyer said - told them I was unavailable and left a message for the AC Officer to call back so I could get details.  At least that way I made an attempt to communicate.

My girlfriend - against ALL advice and knowledge - spoke to the Animal Control Officer when he came to our yard the other day.  I could describe my upset/anger/aggravation but it would take too much typing.  The lecture has been given on more than just today.  Enough said.

Not many of you know my dog.  Feel free to meet him any time though while you still can.  That is the way things seem to be going from what we can tell ...

I am very upset as I write this.  We rescued him at age 1 he was 35# and all skin and bones.  We nursed him back to health, we gave him the love and attention he so desperately needed, and we love him like you cant imagine.  He is now 3 yrs old, and a full framed American Bulldog weighing a much healthier 75#. 

He has played with other dogs since we got him adjusted to his new home.  His dog buddies are all around this neighborhood, they love him, their owners love him.  I have pictures of him playing with them in the snow, on the lake, in the yard.  We take him on hikes and to dog parks and there are never any problems.  My friend's now three year old pretty much grew up with "papa" (he was trying to say "puppy" and adores him, and the dog adores the child.  He has the best temperment and awesomestly quirky personality I have ever seen in an animal thus far in my life.  Little things like ... he doesn't lay down like a normal dog.  He stretches out with his head on the pillow and his legs at the foot of the bed.  Every night he runs up stairs, steals my spot, and manages to get himself under the entirety of our covers and then grunts and groans at me when i move him.  I have to move him physically reaching under his frame and sliding him across the bed.  Yes, he is spoiled.  He had a shitty life before we got him.  He deserves a good one now.  Don't mistake my love for not being a good owner/trainer.  He is obedient as they come though he is stubborn headed.  He listens when spoken to and obeys commands we have taught him (sit, stay, lay down, shush, go potty (lol), and so on. 

I don't know what to do but for the first time in roughly 15 years ... I was brought to tears today in fear of losing my dog.  I don't know what came over me, and I don't even know why I am admitting this ... but ... i bawled like a girl for a good 10 minutes. 

Any help or advice is appreciated.

Right now I am thinking the only chance I have is to prove in some fashion that this dog is not in any way violent towards humans or other animals. 

Well ... he actually doesn't like donkeys now that I think of it.

[Tom Sawyer]

Sorry for the threat to your dog.

[Lloyd Danforth]

Grafton

[Free libertarian]

Sorry to hear.  One thing I've done in the past with dog catcher smarty pants guys is to deny the existence of a dog. I call it the Inspector Clouseau defense ...("That's not my dog"!)

Didn't your dog escape and runaway?  So hard to keep dogs from doing that y'know. Who knows where he could end up? Maybe a home safe from evil doers?   

[rmodel65]

what dog

[leetninja]

On Saturday I came home from breakfast to what I like to think of as a "love note" from the kops which read like so:

MR. XXXXXX,
SEVERAL ATTEMPTS HAVE BEEN MADE TO SERVE YOU WITH A CITATION FOR YOUR DOG.  IF YOU DO NOT CONTACT THE SALEM PD IMMEDIATELY, AN ARREST WARRANT WILL BE ISSUED

Yes, all in CAPS. On the back of a "business" card..

Now keep in mind that I called not only the day this all happened which was only on April 28th, but also on the 29th AND 30th leaving my name, and specifying my cell is the best way to contact me.

So I call them back and ask what is going on only to be told by the office who left me my love note that I "have been giving THEM the run around"

I literally laughed at him and asked him to back up that statement since I have called several times and wanted to know how they could possibly have this opinion based on nothing.  He was speechless.  He backpedaled (and I could sense it) and told me I have to come down or they were going to issue a warrant for my arrest.  I said "Oh I didn't realize that the Police could issue an arrest warrant for a charge that still has yet to be told to me based on an alleged violation for a dog that they can't even prove that I own."  He was speechless again.  I told him I would come down to see what silly piece of paper they had for me. 

Meanwhile my friend/lawyer was on the phone with the Chief of Police.

So my court date is pending 

I honestly can't wait to have a judge hear all this crap.

Also, the specific charge against the dog is 466:31 (g) which really doesn't apply to the situation that took place.  Should be LOADS of fun!

Code Select Expand

466:31 Dogs a Menace, a Nuisance or Vicious.

I. [Repealed.]

II. Under this section, a dog is considered to be a nuisance, a menace, or vicious to persons or to property under any or all but not limited to the following conditions:

(a) If a dog is "at large," which means it is off the premises of the owner or keeper and not under the control of any person by means of personal presence and attention as will reasonably control the conduct of such dog, unless accompanied by the owner or custodian. This subparagraph shall not include a dog which is being used for hunting, supervised competition, exhibition, or training for such activities if accompanied by the owner or custodian, or a dog which is guarding, working, or herding livestock, as defined in RSA 21: 34-a, II(a)(4), meaning that the owner or custodian must be able to see or hear the dog, or have reasonable knowledge of where the dog is hunting or herding, or where training is being conducted or where trials are being held, provided that such dog does not have to be within sight at all time;

(b) If it barks for sustained periods of more than 1/2 hour, or during the night hours so as to disturb the peace and quiet of a neighborhood or area, not including a dog which is guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4);

(c) If it digs, scratches, or excretes, or causes waste or garbage to be scattered on property other than its owner's;

(d) If any female dog in season (heat) is permitted to run at large or be off the premises of the owner or keeper during this period except when being exercised on a leash by a responsible adult. At all other times such dog shall be confined within a building or enclosure in such manner that she will not come in contact (except for intentional breeding purposes) with a male dog. A female dog in heat shall not be used for hunting;

(e) If it growls, snaps at, runs after, or chases any person or persons not on the premises of the owner or keeper;

(f) If it runs after, or chases bicycles, motor vehicles, motorcycles, or other vehicles being driven, pulled or pushed on the streets, highways, or public ways;

(g) If, whether alone or in a pack with other dogs, it bites, attacks, or preys on game animals, domestic animals, fowl or human beings.

II-a. If the skin of a person has been punctured by a dog and the incident was reported, including the identity of the dog and its owner, to the animal officer, if any, or to the town clerk, such officer or clerk shall, within 24 hours, notify the injured person, or, in the case of a minor, the minor's parent or guardian, whether, according to town records, the dog has been appropriately immunized against rabies.

III. (a) Any person who fails, by appropriate action including but not limited to restraining an animal from running at large, or otherwise effectively abating a nuisance found such under the provisions of this section, or who fails to comply with any other provisions of this section after being so ordered, shall have the person's dog taken into custody by the police of the city, constable of the town, or other person authorized by the town and such disposition made of the dog as the court may order.

(b) Notwithstanding RSA 466:31-a, if a law enforcement officer does not witness the nuisance behavior, the name of the complainant shall be released as public information before any fine under RSA 466:31-a shall be levied.

HISTORY

Source. 1951, 52:1. RSA 466:31. 1957, 148:1. 1967, 294:1. 1969, 239:1. 1973, 531:125. 1977, 222:1. 1989, 158:4. 1994, 353:10, 14, 1995, 298:20, eff. Jan. 1, 1996. 2006, 11:2, eff. March 3, 2006. 2007, 244:1, eff. Aug. 27, 2007.

466:31-a Penalties.

I. Any person who violates any provision of RSA 466:31 shall be guilty of a violation; provided that if such person chooses to pay the civil forfeiture specified in paragraph II, the person shall be deemed to have waived the right to have the case heard in district or municipal court and shall not be prosecuted or found guilty of a violation of RSA 466:31. Any person who does not pay the civil forfeiture specified in paragraph II shall have the case disposed of in district or municipal court.

II. Any person who violates any of the provisions of RSA 466:31 shall be liable for a civil forfeiture, which shall be paid to the clerk of the town or city wherein such dog is owned or kept within 96 hours of the date and time notice is given by any law enforcement officer or other person authorized by the town to the owner or keeper of a dog in violation of RSA 466:31. If the forfeiture is paid, said payment shall be in full satisfaction of the assessed penalty. The forfeiture shall be in the amount as specified for the following violations:

(a) $25 for the first nuisance offense under RSA 466:31, II(a), (b), (c) or (d); $100 for the second or subsequent nuisance offense committed within 12 months of the first nuisance offense under RSA 466:31, II(a), (b), (c) or (d).

(b) $50 for the first menace offense under RSA 466:31, II(e) or (f); $200 for the second or subsequent menace offense committed within 12 months of the first menace offense under RSA 466:31, II(e) or (f).

(c) $100 for the first vicious offense under RSA 466:31, II(g).

(d) $400 for the second or subsequent vicious offense committed within 12 months of the first vicious offense under RSA 466:31, II(g).

III. Any person who pays a civil forfeiture specified in paragraph II 2 times in any 12-month period according to the records of the town or city clerk, may not pay a civil forfeiture for subsequent violations of RSA 466:31 in that 12-month period, but shall have those cases disposed of in district or municipal court. In the case of a vicious dog, as described by RSA 466:31, II(g), where its behavior presents a threat to public safety, immediate district court or municipal court proceedings may be initiated in lieu of the civil forfeiture.

[Ogre]

You certainly have more faith in the "justice" system than I do. I wish you and your dog the best, but I imagine this "court case" will last all of 3 seconds for the judge who will say, "Violation, $25 fine. Next case."

[leetninja]

I have ZERO faith in the (un)justice system.  I'm only going to attempt to play by their little set of rules in order to have the charges dismissed.  They are going for the $100 fine on this one which they will never get from me.  Nor will they ever get any dog to be put down.  There are people that are more viscous than the dog ...

[Free libertarian]

Dress your dog in a neck brace and bloody bandages and file a counter suit against the other dog / owner.   

Tell them your dog is unemployed and requests a "public defender".  Ask for an interpreter for your dog too, since he doesn't understand the charges.  Maybe the dog whisperer guy is available. 

Ask if the dog is presumed innocent and if so can he be judged by a jury of his peers?
   
Tell them your dog is incontinent and embarrassed to appear in court, can they arrange a video trial?   

Tell them your dog has declared sovereignty and isn't "your" dog, that he was a room mate and has packed his bowl, leash and favorite squeeky toy and hitched a ride to Canada and joined a pack
of wolves in a quest to find his roots.   

Tell them the dog laws are discriminatory and cats aren't held to the same standard, file a counter suit under a civil rights or equal protection something or other.   

Tell them the other dog called your dog a dirty stinking mongrel and incited your dog to defend himself, you might be covered under a race based defense...your dog isn't black or gay is he?
Cuz I have seen male dogs, um you know, "do" other male dogs.

Get three dogs of the street and ask the "victim" to pick the alleged assailant from a lineup.

Okay I'll stop, good luck.   

[leetninja]

Dress your dog in a neck brace and bloody bandages and file a counter suit against the other dog / owner.   

Tell them your dog is unemployed and requests a "public defender".  Ask for an interpreter for your dog too, since he doesn't understand the charges.  Maybe the dog whisperer guy is available. 

Ask if the dog is presumed innocent and if so can he be judged by a jury of his peers?
   
Tell them your dog is incontinent and embarrassed to appear in court, can they arrange a video trial?   

Tell them your dog has declared sovereignty and isn't "your" dog, that he was a room mate and has packed his bowl, leash and favorite squeeky toy and hitched a ride to Canada and joined a pack
of wolves in a quest to find his roots.   

Tell them the dog laws are discriminatory and cats aren't held to the same standard, file a counter suit under a civil rights or equal protection something or other.   

Tell them the other dog called your dog a dirty stinking mongrel and incited your dog to defend himself, you might be covered under a race based defense...your dog isn't black or gay is he?
Cuz I have seen male dogs, um you know, "do" other male dogs.

Get three dogs of the street and ask the "victim" to pick the alleged assailant from a lineup.

Okay I'll stop, good luck.

Wow this is awesome.  I am definitely incorporating some/most/all of these into the dog's "defense" in open court.  Holy crap I need a video camera!  I am literally laughing out loud at work right now just thinking about how amazingly hilarious this will be.

[Sam A. Robrin]

A note of caution: People have been railroaded into mental institutions for even less histrionic presentations.

[Tom Sawyer]

A note of caution: People have been railroaded into mental institutions for even less histrionic presentations.

Are you speaking from personal experience?  lol

(Sorry, couldn't resist. )

[leetninja]

Honestly I think that if i go by the letter of the law, there is no violation and my friend/lawyer agrees with this on a personal, professional and legal levels.  So I think I am good to go.  If not ... let the games begin.  I will go to jail before I pay a $100 "fine" for a dog that didn't do anything "wrong" ... but that is a whole other story ...

If they so much as debate a "case dimissed" after I read them their own laws and prove that the "violation" holds no grounds/water ... I'll just add something about how I find it ridiculous that I was threatened with an arrest warrant etc for a dog that they cant even prove I am the owner of (I have still not claimed ownership in any way for the dog) and should I be as ridiculous and demand that an arrest warrant be issued for the Animal Control Kop that refused to call me back after I made "several attempts to contact..." him were made?  Maybe if I feel especially ballsy I will add in a "This is so ridiculous ... the dog is unemployed so should he have a "public defender" for these proceedings?  Should he then have an interpreter too, since he doesn't understand the charges or language?  If a fine is imposed does he have the right to a trial so can he be judged by a jury of his peers?"

I am honestly anxiously awaiting this little sideshow.  I am beyond sick of the Salem PD.  They didn't cite any violations for attempted ARSON but a dog so much as farts and they are all over it.  Nice.

[littlehawk]

beware of a contempt charge. bastards!