As I pull up to a duplex in the Tower District, I realize that I am responding to a complaint on a house that I have had to deal with twice before in the past. These complaints have spanned over the last year.
The first complaint was unfounded and resulted in no action. The second complaint regarded a dog being tied up behind the residence on a chain so short that it could not lay down, and it was forced to live in its own feces without food, water, or shelter. What I found was a dog on a chain with water and shade but no shelter, and otherwise appearing to be healthy. I left a Notice of Intent to Seize, giving the owner 48 hours to either contact me with proof of compliance or request a pre-seizure hearing before I took her.* After two days and receiving no response to the notice, I returned to the property and found that the dog in question was nowhere to be found. Pursuant to current state law, in cases where an animal is not in imminent distress, a pre-seizure notice must be given before a seizure can take place.
With the knowledge of these past encounters in mind, I begin my investigation into this most recent complaint. There is no response when I knock on the front door. I locate a faded for-rent sign leaning against the front porch and attempt to contact the property owner to no avail. I walk along the pathway leading towards a house in the back of the property and discover that a newly constructed wooden fence had been erected.
While walking by the new fence line, I observe through its cracks, knot holes, and spaces that there is a dog present. It appeared to me, based on my many years of experience and training, that such a dog would have at least barked by the sound of my passing. Even so, I make additional noise by way of snapping fingers and whistles. The dog rises and approaches the fence, wagging its tail slowly. This I can only see partially, but still the animal acts subdued. Upon its approach, I see what appears to be an emaciated dog. This alone gives me probable cause to further investigate the situation, so I peer through one of the knot holes. What I find verifies my initial observation…
(To be continued ….)
by Jesse Boyce, Humane Officer
*Under California State Law, animals are considered to be personal property. The Constitution of the United States of America requires that an individual be provided with due process of law before they are deprived of that property. California Penal Code 597.1(f) satisfies this requirement when an animal is not in imminent distress.