Your Dog and the Law

Your dog doesn't recognize any man-made laws. As far as he is concerned, he is subject only to those natural laws dealing with food, mating and self-preservation. Therefore, you are responsible for his actions. As a dog owner, you are liable for any damage done by your dog to a person, property or the welfare of the community.

In general, most of the laws involving dogs are restrictive and very few favor the dog. Under the law, your dog is regarded as a piece of property or chattel. But he is a unique property. Like a house or car, the dog has monetary value; unlike them, he is alive and has emotional value. Yet the dog laws often ignore both the monetary value and emotional aspect of owning dog. In some sections of the country, your dog can be seized or shot on sight without your permission or without your being compensated for the loss of the dog. And this happens in spite of the fact that the Constitution of the United States specifically states that no person can be deprived of property without his consent. It further provides that a person must receive due compensation for his prop­erty. Obviously, the law is a bit lopsided when it comes to dogs.

Most of the dog laws are invested in the states and are considered "police powers." Each state, in turn, can job out the dog laws to the various counties, towns, villages or ham­lets. This is usually done by the state legislature passing laws permitting the counties or towns to control the licensing and keeping of dogs in their bailiwicks. It is a delegation of authority by the state to the county or local government.

There are so many state, county and local laws governing dogs that it is impossible to give them here. We can only generalize and make you aware that dog laws exist and that you are liable for your dog's action. The old legal cliché, "Ignorance of the law is no excuse," still has teeth and can result in a big bite.

DOG LICENSES

There is hardly a community that doesn't require dogs to be licensed. Dog licenses serve several purposes. They are a means of identification, serve as a checkup or census of the local dog population, contribute toward the operation of shelters or "pounds," and provide funds for indemnities for livestock injured or killed by dogs.

In the big livestock-producing states, the indemnity fund is very important. Marauding dogs injure or kill a consider­able number of livestock, especially sheep. But such a fund is rarely used in cities and suburbs that have license fees, but no livestock. These areas do have people bitten by dogs. There is, as yet, no provision in most dog license laws to pay medical expenses of people bitten by dogs.

The need for such a provision has been recognized by var­ious county and town governments. New York's Westchester County Board of Supervisors has taken steps to provide such protection. The Board agreed that "it's time we recognize that a human being is worth as much as a cow or hog." The Board has petitioned the state legislature to allow the county to use dog license fees to help pay for medical expenses of persons injured by dogs. Dog bites are not uncommon in Westchester County. Last year, a six-year-old girl was so severely bitten by a dog that she had to have 300 stitches. The Board is also requesting that dog license fees in the county be raised. License fees now range from $2.25 to $5.00.

Dog licenses vary in cost according to the locality and the sex of the dog. In some areas, there is a flat fee for all dogs regardless of sex. In others, there is a fixed fee for males and spayed females, and a higher fee for unspayed females. When obtaining a license for a spayed female, you will have to produce a certificate from a veterinarian stating that the clog was spayed.

Inquire about your local license laws and get a license for your dog. This is advisable not only because it's the law, but as a protection for your dog. If he is lost and is wearing his license tag, your chances of getting; him back are better. A license tag is very important in those states that allow dogs to be used for vivisection. Usually unclaimed and unlicensed dogs may be used for medical research. But a dog that is currently licensed may not be sent to a laboratory.

The age at which dogs must be licensed is also variable. Some localities say all dogs, regardless of age, must be licensed. Others require all dogs over the age of six months to be licensed. Inquire at your local police station or town clerk as to the age requirements. Failure to get your dog licensed may result in the seizure of your dog or a fine or both.

LEASH LAWS

While many communities have laws requiring dogs to be on the leash when taken out, they are not strictly enforced. Very often this laxity in enforcing the leash law is due to the fact that there is no "pound" or place to keep any dogs picked up when off the leash. The authorities will, however, pick up and find some place to keep a dog that is off the leash, pro­viding a complaint is filed. Thus, the local authorities shift the onus of impounding a taxpayer's errant dog onto his neighbor, even though their dog laws state that dogs must be kept on the leash. If your dog is running off the leash and annoying your neighbor, then the neighbor must go before a judge and file a complaint. Then he might get what the lawyers call an abatement—a cessation of the nuisance—and the dog will be picked up and impounded.

LIABILITY FOR DOG BITES

Bite cases are a frequent source of lawsuits. The common law (the unwritten law of a country that is binding because of long usage and acceptance) generally allows a dog to have one bite. After that, the owner can be held liable. Usually, the dog owner must be aware that his dog is a biter. If your dog bites someone and you are so informed, then you auto­matically become aware of the fact and can be held liable for any future bites.

If you keep a vicious watchdog, you should realize that he is a potential danger. Anyone injured by the dog—through no fault of his own—can probably get damages. On the other hand, you are not at fault if a person is bitten through his own negligence. For example, if you posted beware of the dog or vicious dog, watch out signs in conspicuous places and kept the dog confined, you would be exercising proper care. Anyone who trespasses or teases the dog and gets bitten, does so through his own negligence.

Dogs bite other dogs. Your dog may tangle with your neighbor's dog and inflict injuries. Your neighbor brings suit. What's the law here? Well, there are many factors to consider, such as leash laws, trespassing, negligence, etc. It often takes a modern Solomon to adjudicate these cases.

INJURING OR KILLING LIVESTOCK

The law allows severe penalties against dogs that injure and kill livestock. Large numbers of livestock and poultry are injured or killed each year by dogs. Sheep are particularly helpless against dogs and sheep raising is a poor risk in certain areas where there are many roaming dogs. Sheep-killing dogs are proscribed in most states.

Every state and community has some kind of livestock protection laws. Generally, these laws afford legal protection to farmers whose livestock or poultry are injured or killed by marauding dogs. As mentioned elsewhere, indemnities for injuries or destruction of livestock are usually paid out of the license fee funds. The maximum indemnity for injury or destruction of a cow, horse, sheep, goat, hog or poultry is fixed by law.

Most states permit the livestock farmer to take steps to protect his livestock against dogs. When a dog is not accom­panied by his owner, the farmer has the right to chase or kill such a dog if the animal is in the act of molesting, injur­ing or killing livestock. In some states the farmer is permitted to set traps or use poisoned bait against livestock-killing dogs. But the farmer must use reasonable care when he resorts to these tactics, so that he doesn't injure or kill innocent animals. Owners of livestock-killing dogs are liable for damages, and the farmer has the right to instigate action.

RABID DOGS

Rabid dogs cause loss of livestock every year, as well as endanger human beings. Most states have very stringent laws aimed at the eradication of rabies. (For the cause and mode of transmission of rabies, see Chapter 12.) Illinois, for ex­ample, has a compulsory rabies vaccination law requiring all dogs to be inoculated against this disease.
Rabies control in most states is under the supervision of the Department of Agriculture. State rabies laws usually pro­vide for the quarantine of all animals in an epidemic area. The laws may also require all dogs to be inoculated and muzzled.

The owner of a rabid dog may be held liable for any dam­age done or spread of the disease. However, if he is unaware that his dog has rabies, he may be held liable only for the direct damage or destruction. This would include any bite wounds and noninfectious injuries, but no condition result­ing from the rabies virus. The expenses for any action taken by the state against an owner of a rabid dog is usually paid for by the owner.

SHIPPING YOUR DOG BY PUBLIC CARRIER

You may want to ship your dog by public carrier to an­other city, state or country. Trucking concerns, railroads, airlines and steamship lines will accept your dog for trans­portation, subject to certain rules. These carriers are con­sidered to be semipublic agencies and are obliged to take your dog, providing he is in good health and free from infectious disease. You are required to produce a certificate stating the dog is in good health, free from infectious disease, and inoculated against rabies.

The carriers also have certain obligations. They must see to it that the dogs shipped on their conveyances are fed and watered. They must also take ordinary precautions against injury, suffocation, drowning, etc. But it is up to you to pro­vide a strong crate or carrying box for the dog. The public carrier has the right to refuse to take a dog if he is not in an unbreakable and escape-proof crate or case. You cannot hold the carrier responsible if your dog gnaws his way out of the crate.

Rates for shipping animals interstate are customarily fixed by federal law. Transporting animals by public carriers within a state is regulated by a state agency. Since certain diseases are communicable from dogs to human beings and other animals, the various states and foreign countries con­trol the movement of dogs into and out of their jurisdiction. If you plan to take your dog into another state or country, inquire in advance as to crating, inoculations, health certifi­cates, etc. By doing this, you will save yourself disappointment. England, for example, has very strict rabies laws, especially against dogs coming from the United States. There is a six-month quarantine period in the British Isles. If you plan to visit the British Isles for two or three months, there would be no point in taking your dog, since he would be quarantined all the time you were there.

CRUELTY TO ANIMALS

All of the states have laws governing cruelty to animals. In some states, a person guilty of cruelty to animals is sub­ject to criminal action. Beating, starving, torturing, and fail­ing to provide shelter are examples of cruelty to animals. You may recall that in the chapter on grooming, we men­tioned that some states regard ear cropping and tail docking as cruelty to animals. Dog fighting as a sport is also considered a form of cruelty to animals.

BREEDING FEES

Breeding fees and the rights of both owners are often the subject of arguments and litigation. If you own a purebred male or female and want to breed the animal, you should insist on a written agreement. It is customary for the owner of the male to set the stud or breeding fee. It may be a cash fee or the choice of a pup from the resulting litter. Whatever the method of payment, get it in writing.

The certificate of service or breeding should also state what constitutes a litter. Is it one puppy or five? If you are asking a puppy as payment for the stud fee, specify whether you want a male or female, and at what age you will claim the puppy.

If you or the other party is to pay cash for the stud fee, the certificate should state the manner of payment; for ex­ample, cash at time of mating or part down and the balance at whelping. You should also stipulate on the certificate that a return service or mating is not mandatory. After all, you cannot guarantee conception; you merely agree to mate your male with a female. When they copulate, your part of the bargain has been fulfilled. Be businesslike and have a written agreement, no matter how well you know the other party. You can't expect a stud fee if your male roams the neigh­borhood and mates with your neighbor's female. Not even if he's just won the Best-in-Show at the Westminster Dog Show! Under the common law, the feeling is that the owner of a female is the loser by her pregnancy. Any puppies re­sulting from this pregnancy belong to the owner of the female. This holds true if your neighbor's female trespasses on your property and is bred by your male. You can't demand a stud fee or pup. You are supposed to control your dog.

LEASES AND DOGS

If all the squabbles between landlords and dog-owning tenants were brought into court, there would be a backlog of cases that would take years to hear. Most leases state whether you can keep a dog on the premises and you'll be wise to examine your lease before getting a dog.

In some cases, landlords have allowed dogs to be kept by tenants, then later changed their minds. If this occurs, the chances are that you could keep the dog. The fact that he permitted you to have the dog in the first place will be in your favor. But the landlord can prevent other tenants from getting dogs.

The writer was embroiled in many of these landlord-tenant disputes when he was manager of the Bide-A-Wee Home in New York City. On one occasion he was subpoenaed as a witness in a case where the landlord claimed a tenant brought in a dog after the landlord had issued his edict about no dogs being allowed in the apartment house. The tenant had adopted the dog from Bide-A-Wee. And the date on the adoption certificate proved that the tenant had brought the dog home before the landlord posted his notice.
Unfortunately, not all the landlord-tenant disputes are that clear-cut. At any rate, you would be wise to notify your land­lord that you intend getting a dog, even though your lease has no anti-dog clause. Very often the landlord has the last word about dogs in the apartment house. If he can get enough neighbors to complain that your dog is a nuisance, you're out of luck.

OWNERSHIP

Occasionally, the ownership of a dog is contested. Since dogs are property, the rightful owner can reclaim his dog if lost or stolen. Such reclamation would be subject to stray or license laws, in addition to the costs of feeding and shelter­ing the animal. When you sell a dog and sign the bill of sale, you relinquish all rights in the dog. The purchaser becomes the owner.

WARRANTY OF QUALITY

You can't get any warranty of disposition when you buy a pup. But you can get protection against his being diseased. Since some diseases have a long incubation period, your pup may appear healthy at the time of purchase, then come down with a disease one or two weeks later. Regardless of the time lapse, if you can prove the disease was probably incubating at time of purchase, you can get a refund or another pup. You must, however, promptly report the discovery of disease to the seller.

If you buy the pup under an express warranty that states the seller will refund your money or replace the pup within a certain time limit, you have to abide by the time limit. If the pup gets sick after the specified time limit, you have no claim.

PUPPIES AND REGISTRATION

The seller (or breeder) of purebred puppies should register the litter with the American Kennel Club. He should furnish you, the buyer of a puppy, with an application for registra­tion. This application should be signed by the breeder. If the puppy is already registered, you should have the seller deliver to you the individual registration certificate, properly signed over to you.

PUBLIC NUISANCE

Noisy dog may be a public nuisance

There's no doubt that a noisy dog may be a public nuisance. What's mote, he may get you entangled with the law. For ex­ample, Pennsylvania courts have ruled that owners may be restrained from keeping noisy dogs. In most communities, however, it's a matter of a dog making an unreasonable amount of noise (more than the average, normal person can tolerate). Few persons would object to the dog that barks a warning when some danger threatens the house or family. But the dog that barks or howls all day and night—getting on the neigh­bors' nerves—is a public nuisance. And the neighbors prob­ably can do something about him in court.

Much of what we have outlined here is probably appli­cable to your community. But you should be interested in getting more specific information about your local dog laws. You can avoid a brush with the law by keeping your dog under control, getting him a license, and conducting any transactions involving breeding or buying in a businesslike manner.

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