Is a local shelter allowed to take my dog for an unjustified reason?
My dog Kayla is one year old. She has been described by numerous veterinarians as recently as July 5th to be very healthy and in excellent athletic condition. She is 47 lbs. (approx.20 kilos?) is described as a medium sized mutt. We are not aware of her mix or main breed. She snapped her tether in the back yard today and ran off. We looked for her for hours, calling her name and squeaking her favorite toys. Finally, tired, hopeless, and desperate, we called the animal shelter behind my house, which will go unnamed to prevent the spread of a bad reputation. They had confiscated her hours earlier, thinking she was abandoned (yet they failed to call the number on her tags) and had been ready to put her up for adoption when we called. When they realized it was our dog, the volunteer on the phone chastised us because Kayla looked too skinny, and persisted to bombard my mother with insults ranging from "despicable human beings" to "psychotic animal killer" and she even went so far as to utter antisemitic slurs. What puzzles me about this is that if Kayla is an unknown mix, who's to say that she could be part Greyhound, or Weimeraner, or a small breed that doesn't weigh as much? The problem that I adressed in my question is this: the shelter has proceeded to confiscate our dog "indefinately" and cut off all contact between Kayla and her home. I was wondering if this is a justified measure, or even legal? Please share your thoughts on whether we were at fault, or the shelter, and dd what you ould do in the situation. If you want to see a picture of Kayla, follow this link: http://www.facebook.com/home.php#/photo.php?pid=220198&id=1617843435 in respnse to Schnauzermom, tethering her without supervision is the equivilent of an electric fence for people who cannot afford one. she is never out alone for more then 5 minutes and she is only on the tether as a precaution so that she doesn't make in the house when we are unable to walk her. but thanks for your concern. I though I had made this very clear, but in response to BulliesRock, we have never left Kayla on her tether for more then 20 minutes at a time, and it is the same as an electric fence. Also, our phone number was clearly printed on her ID tag. It seems I made a mistake in my original explaination. When I said they were all ready to put her up for adoption, I didn't mean it literally. I meant that they had made it seem like she was just another stray even though she had a collar on, and they had a place for her set up. I am sorry for any misinformation.
Public Comments
- depending on the reason
- If you can prove that she is your dog, and they refuse to return her without a justified reason (i.e. abuse of some form), then they can get into legal trouble. I'd recommend collecting her papers from the veterinarian's office, and all the paperwork you have on her - including photographs with you and the dog. You can contact your local police department if they deny your right to your dog after you've presented them with the evidence to support your claim. If they keep her, they are taking private property, and they can get punished for doing so. That is, of course, that you can prove she is your dog and that she is in good, stable condition.
- I'd show up at the shelter tomorrow, or as soon as possible, and allow the volunteer to tell her concerns to both my vet and a lawyer. Even the threat of legal action should convince them to do something, but I'd go further than that if anyone confiscated my dogs and held them for no reason. With a lawyer's legal knowledge and your vet's knowledge of Kayla and your care for her, I don't see how they could not give her back.
- Im not sure what state you live in but I am pretty sure they have to notify the owner and can not put her up for adoption that fast. You may want to try talking to someone else there who has a little more common sense and respect. Even if the dog is small or looks to be starved they can not claim that you starved your dog and try to keep her they would have to run tests to prove that you starved her and I believe take you to court to get the dog. Take all of your vet paperwork you have, pictures of your dog to show proof that she belongs to you. They can not just take your dog for no reason.
- call the cops say they stole your dog do not let them pull this stuff it is your pet sounds like the pet nazis own the shelter call the cops for sure , this can't be legal scumbags
- Contact your local authorities immediately. The shelter's behavior is very unjustified. They have failed to contact you when the dog had tags, they are making rude comments towards you with no means, and are refusing to give your dog back when it has been backed as healthy by veterinarians. I also don't understand how they could adopt out a pet so soon. Especially when it has tags and doesn't look to be stray. This is very odd. Call the police to sort them out. I'm going to guess this isn't the first time they have acted this way,and it needs to b stopped before more animals are taken from their homes. They could be out saving lives, and yet they are trying to steal your dog. Something here is fishy. The authorities should be involved. Sorry about this. Good luck.
- I think I would be calling the police. Tell them your story and bring vet records showing that a vet has stated that your dog is healthy. I would definitely fight this.
- "She snapped her tether in the back yard today and ran off." Why was she tethered unattended in the yard? If you have records from the vet, bring them to the shelter. Call the police tonight and file a report so they can't claim that you "waited too long". The law generally requires any "strays" to be held for X number of days in order to give the legal owners the opportunity to reclaim them. Going to the shelter with vet records will prove ownership, and prove that she is under current veterinary care. And fence your yard so she isn't tethered out. Electric fences are worthless, too. They may keep your dog in the yard (MAY, depending on how powerful the urge is to run past the pain and get out), but it does NOTHING to keep other animals and people from coming in and harassing, hurting, killing, or stealing your dog. In many cities, it is illegal to chain your dog in the backyard, and for good reason.
- Your link doesn't work, sorry. BUT, as long as you are seeking medical attention for the dog it is illegal for the shelter to seize her. I advise you to get your medical records together, get a lawyer, and get suing. It is illegal for them to seize the dog if a vet is seeing her and has deemed her healthy.
- The link is broken. Did you use the "share this with people not from facebook" link?
- I do not believe that they can put up an animal for adoption the same day that they get it, but shelters may differ I guess. If she just went to the vet on July 5th, I would have the vet call up there and see what the issue is. If they don't talk to him/her, call the local news channel and explain the situation and see if they can help you. Regardless of the dog situation, racial slurs should not have been used. Good luck!
- No matter why or how they found her, shelters have to follow a mandatory stray hold to try and find the owners. If they don't follow this, then they have to report that they made a mistake. Possibly that is why the shelter workers got so upset. Often dogs with "snapped tethers'' are often viewed as dogs that were dumped by their owners. So either way, she should not have been up for adoption yet. If you want your dog back, I would go to the shelter in person and bring vet records/ and have the shelter talk to the vet. Hope this helps, and I hope you get her back.
- I am almost 100% sure they can not do that... If i were you i would call the cops and just have her most recent vet bills so you can prove that you take care of her... if you watch those animal cop shows the person either has to surrender the animal or they have to take the owner to court before they put the animal up for adoption. they pretty much stole your dog!!!
- I work at an animal shelter myself and I know some people who answer phones can be very mean and not think about what they are saying. If she broke through her tether, they were doing their job by taking her in so she could not get hurt. As for trying to adopt her out, different shelters have different amount of times they keep them before they come up for adoption (ours is 5-10 days depending on if they have identification). Wanting to put her up for adoption within 24 hours is ridiculous and I am not sure why they would do that. You need to contact the police or animal control and file a report. Animal control will determine if vet records are necessary to release her to you but, no they definately should not be keeping your dog away from you. At our shelter, animal control sometimes suggests they be contacted before the dog is released to the owner for several reasons including them wanting to make sure it is the owner (they usually need to show proof) or why the animal is in such bad shape...and in this case, you would probably just need to make a call to you vet and let them explain that you are a responsible dog owner. I am sorry that shelter is being like that...if it is obviously your dog and you have proof you are taking care of her and giving her her regular shots and vaccinations, then they should give her back to you. If animal control will not do anything to help you then you need to call the police and file a report (I guess you would consider it dog knapping). Good luck!
- This is totally unacceptable behavior for an animal rescue. Is it part of the ASPCA or is it a private kennel/rescue shelter? If it is part of the ASPCA, contact the national ASPCA and report this to them. If it's a private kennel/rescue group, then call your police department and report what they are doing and ask them who you should contact to get your dog back. You could also ask to talk to the president of the shelter and explain the situation and tell them you are going to retain legal counsel to get your dog back if they can't resolve this problem. The individual you spoke with should be left go and your dog should be returned to you.
- Apparently they disagree about what is appropriate care and condition for your dog. I am sure there is an appeal process and the facts will be reviewed by more people than the ones that were working there today. Perhaps there are some changes that the dog needs. Try not to worry - And also, animal shelters do not confiscate dogs... if any dog is running free - he is in danger of cars, etc. and animal shelters rescue them. If it had only been a few hours... I doubt that any dog is put up for adoption that quickly. They usually do physical exams etc and there are laws about the amount of time before adoption. What I would do (after you get your dog back) Is for your mother to go to the higher ups and report the ridicule and accusations. That is very unprofessional.
- It is definitely illegal for them to keep your dog from you like that. It sounds like something strange is going on if you lost your dog, and on the same day they found it, they wanted to put it up for adoption. The shelters always wait at least a week for someone to claim their pet. It's also unbelievable that they would not call you when the dog was wearing her collar. I would call the police and tell them what's going on. I hope you get your dog back!
- You are at fault. In our county, it's illegal to tether for more than three hours at a time. If your dog hadn't been tethered or outside, you wouldn't be in this situation. Had your dog been inside the house, you would be fine. As for her weight, they don't go by breed. If they can see or feel rib bones or hip bones, they consider that underweight. That being said, it is ILLEGAL for them to put your dog immediately up for adoption if they are a public shelter. They have to hold the dog for a specified number of days (in our county, it is four days) so that you, the owner has a chance to come forward and claim their dog. If this is a private shelter, they aren't even allowed to have your dog and should have transported it immediately to the nearest public shelter (where they would have had to hold it for four days to allow you time to find your dog). Also, if the dog has a clear ID tag with a phone number, they have to call you (again, by law). However, if the tag only has your address, they are under no obligation to find you, it is your job to find your dog. Even though it is your fault this situation arose, it doesn't give them any right to insult your mother (or anyone for that matter). They have to give you a reason why they are holding the dog. If this is a public shelter, they may be gathering evidence to see if they have a case against you for animal cruelty. Even so, they still cannot speak to you that way (and professionals never do). You have to legally sign over the dog unless they feel the dog is in immediate danger. There are laws that have to be followed here. I suggest going over to the shelter tomorrow and asking to speak with the DIRECTOR. Did you get the volunteer or employees name that was so rude? I would give them the name along with everything in writing that was said to you. They may or may not have the right to keep your dog. I can't see the picture of her and don't know what she looks like. That doesn't mean you don't have the right to fight this. You need to do it in person instead of over the phone. You should be able to go right in and pick up your dog. Dogs get out, animal control picks them up, the owners still have a right to get them back. Good luck!
- Hello. As I am a board member for our local humane society, I can understand your frustration. The people who work at the facility are constantly bombarded with animals that most people do not want or care for. However, that does not mean it was o.k. for them to use antisemitic slurs, as that is uncalled for. The policy we have is unless the animal has been neglected or abused in some way, if the ownerFamily, COMES FORWARD TO RECLAIM THEIR DOG WITHIN THREE DAYS, with proof of so called ownership and proof of rabies vaccine they can take their dog back home. If there is reason to believe neglect or abuse is happening, then leagally they can keep the dog until you go to court. I hope your dog wasn't tethered for a very long time period! What if another dog came into your yard and would have attscked your dog? Maybe you can come up with a safer way to keep your dog confined to your property. We recently bought chain link fence and farm fence posts at Low e's and fenced in a large portion of our yard 75 feet on each side, and the total cost was around 250dollars. Maybe this would work for you also to keep your dog home. I am glad he didn't get hit by a car. I do know sometimes if you take your local records from your vet in to them, they will probably release the dog, unless the dog is in worse condition than you realize. Hope this helps.
- It's totally unacceptable for them to do this, but don't call the cops. They're not going to get involved in an animal control matter. The first thing I'd do is show up at that shelter (if it's a kill shelter) and make it absolutely clear that you are pursuing this with an attorney. The reason this is critical is that kill shelters are overrun right now and mistakes do get made. I see this frequently on our local craigslist - WRONG DOG EUTHANIZED! So this is your first priority - just check in and tell them they are responsible for that dog and nothing had better happen to it. Then you do have to call an attorney, but not a big pricy type, and it shouldn't be more than one visit. But you need to know what type of documentation you should get, etc. At a minimum, you should go after them to recover your attorney fees (I have mixed feelings about going after shelters for money, but in a case like this, you should get your costs back).
- Something does not seem right with this one sided story... My manipulative conartist radar is going off uncontrolably. First, most states require a hold period, ca is 3 days min. If any city shelter seizes a dog for neglect they will hold the dog case pending. I'm not even going to get into the tethering argument here. I would be currious to find out if this disaggreement involves fines and kennel fees levied to reclaim a stray, if you can't pay you forfit the dog.
- You need to talk to your vet about this and get a written statement. A statement from the vet, that she was in good condition on July5th, and has had good care throughout her life, will make a big difference. Your vet can even suggest that she is of a slender breed. If the shelter is county or city-run or contracted, they can legally do about what they want... If they are privately funded, they can't. However, a letter from your vet will help, and if there are still problems, an aggressive letter from your attorney. In most cities, attorneys (staff) will write a letter for about $60, and if you belong to a credit union, they are often available for such at no cost. My friend had a Saluki that was taken from his yard by the local shelter, as neighbors had complained the dog was starving. The dog had won Best of Group on Saturday, at a show with 2200 entrants, and was confiscated on Tuesday..as being emaciated. He did get her back..but, ignorance abounds! Afghan puppies look like somebody's orphan between 8-13 weeks. They look starved while going through the all-legs stage.
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