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Posted: Mon May 05, 2008 11:44 am Post subject: HELP HELP HELP!!!!! (update)

we have done all we can to help this dog and are getting NOWHERE for 2 yrs the DDB rep in this area has tried to get this man to give him up. he WILL NOT!!! can anyone help by writing? calling attention to? anything....I am sick at heart he is now 15 yrs old(all this time has been in the cage)and showing signs of arthritis yet he goes on day and night here he is located In Dunkirk ny 14048 Chautauqua County NY. The newspaper here is called "the Observer" If anyone can google the area and possibly write or complain?? Animal Control will do nothing...I was only made aware of him the other day as I am not yet a rep for DDB but just applied, I cannot get him out of my mind. the city council was even contacted and all that was done was the "owner" was told to clean up the poop under the cage, anyone PLEASE???? I was told he fancies himself with friends in high places..... Crying or Very sad

Posted: Mon May 05, 2008 11:48 am Post subject:

OMG
Ok that is the LAST STRAW for me. I am so sick of these idiots who have pets. I have 3 strays here missing and presumed dead. And a neighbor who shoots them.I hate people. I swear to God I hate people so much. Does no one have a soul anymore? How can that dog be allowed to live in there!!!!!!!!!!!!!!!!! OMG

Posted: Mon May 05, 2008 12:52 pm Post subject:

"Borrow" the dog now. I just can't believe that's not inhumane in the eyes of the law. Ask Tammy Grimes at ddb if you personally can bring suit against him. I'm going to look up the laws in NYS regarding his living conditions, and I use the term living loosely, that's pure abuse.

Posted: Mon May 05, 2008 2:03 pm Post subject:

Poor dog!

Posted: Mon May 05, 2008 2:19 pm Post subject:

DDB is "Dogs Deserve Better", right? It just breaks my heart to see an animal kept like that.

Posted: Mon May 05, 2008 3:36 pm Post subject:

anyone live in Dunkirk? I can make up fliers to post around town. Maybe if you shame him enough around town he will be forced to something.

Posted: Mon May 05, 2008 3:43 pm Post subject:

Contacts for Humane Society in that area

http://www.spcapets.com/contact_us.html

Posted: Mon May 05, 2008 4:07 pm Post subject:

Directly from the NYS Agriculture and Markets Law relating to "Cruelty to Animals".

§ 353-b. Appropriate shelter for dogs left outdoors. 1. For purposes of this section:
(a) "Physical condition" shall include any special medical needs of a dog due to disease, illness, injury, age or breed about which the owner or person with custody or control of the dog should reasonably be aware.
(b) "Inclement weather" shall mean weather conditions that are likely to adversely affect the health or safety of the dog, including but not limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
(c) "Dogs that are left outdoors" shall mean dogs that are outdoors in inclement weather without ready access to, or the ability to enter, a house, apartment building, office building, or any other permanent structure that complies with the standards enumerated in paragraph (b) of subdivision three of this section.
2. (a) Any person who owns or has custody or control of a dog that is left outdoors shall provide it with shelter appropriate to its breed, physical condition and the climate. Any person who knowingly violates the provisions of this section shall be guilty of a violation, punishable by a fine of not less than fifty dollars nor more than one hundred dollars for a first offense, and a fine of not less than one hundred dollars nor more than two hundred fifty dollars for a second and subsequent offenses. Beginning seventy-two hours after a charge of violating this section, each day that a defendant fails to correct the deficiencies in the dog shelter for a dog that he or she owns or that is in his or her custody or control and that is left outdoors, so as to bring it into compliance with the provisions of this section shall constitute a separate offense.
(b) The court may, in its discretion, reduce the amount of any fine imposed for a violation of this section by the amount which the defendant proves he or she has spent providing a dog shelter or repairing an existing dog shelter so that it complies with the requirements of this section. Nothing in this paragraph shall prevent the seizure of a dog for a violation of this section pursuant to the authority granted in this article.
3. Minimum standards for determining whether shelter is appropriate to a dog's breed, physical condition and the climate shall include:
(a) For dogs that are restrained in any manner outdoors, shade by natural or artificial means to protect the dog from direct sunlight at all times when exposure to sunlight is likely to threaten the health of the dog.
October 2007 6
AGM Article 26
(b) For all dogs that are left outdoors in inclement weather, a housing facility, which must: (1) have a waterproof roof; (2) be structurally sound with insulation appropriate to local climatic conditions and sufficient to protect the dog from inclement weather; (3) be constructed to allow each dog adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around and lie down with its limbs outstretched; and (4) allow for effective removal of excretions, other waste material; dirt and trash. The housing facility and the area immediately surrounding it shall be regularly cleaned to maintain a healthy and sanitary environment and to minimize health hazards.
4. Inadequate shelter may be indicated by the appearance of the housing facility itself, including but not limited to, size, structural soundness, evidence of crowding within the housing facility, healthful environment in the area immediately surrounding such facility, or by the appearance or physical condition of the dog.
5. Upon a finding of any violation of this section, any dog or dogs seized pursuant to the provisions of this article that have not been voluntarily surrendered by the owner or custodian or forfeited pursuant to court order shall be returned to the owner or custodian only upon proof that appropriate shelter as required by this section is being provided.
6. Nothing in this section shall be construed to affect any protections afforded to dogs or other animals under any other provisions of this article.

I do believe that the owner is in violation of most of this. I can't understand why you can't press charges yourself relating to this law.

Posted: Mon May 05, 2008 4:07 pm Post subject:

Posted: Mon May 05, 2008 4:23 pm Post subject:

linda w right behind the wire cage, and attatched to it, is a tin enclosure, 3 sides, (no door) that leads out INTO this cage, apparently thats enough shelter for the "officers" who have looked Into this. I did contact humane In Jamestown NY which also covers this county, once again, but no response yet the problem is people in this area consider this OK!!!!!!!!!!!!

Posted: Mon May 05, 2008 4:26 pm Post subject:

I have emailed the Observer the following email:

I respectfully request your newspaper to investigate why the City Council and animal control will do nothing to free this dog from the abusive owner he has. These pictures along with a plea for help have been posted to www.petfinder.com. http://forums.petfinder.com/viewtopic.php?p=1560967#1560967 I live in Hamburg and consider Dunkirk to be a nice place but to turn a blind eye to this poor dog is inhumane. Please don't be another to let him down. If you are interested, further information pertaining to his whereabouts can be supplied. This dog has lived his entire life like this, at this point, wouldn't a humane death be better than the life sentence he got? This clearly violates the law of the State of New York, Department of Agriculture, Article 26 which states:

"§ 353-b. Appropriate shelter for dogs left outdoors. 1. For purposes of this section:
(a) "Physical condition" shall include any special medical needs of a dog due to disease, illness, injury, age or breed about which the owner or person with custody or control of the dog should reasonably be aware.
(b) "Inclement weather" shall mean weather conditions that are likely to adversely affect the health or safety of the dog, including but not limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
(c) "Dogs that are left outdoors" shall mean dogs that are outdoors in inclement weather without ready access to, or the ability to enter, a house, apartment building, office building, or any other permanent structure that complies with the standards enumerated in paragraph (b) of subdivision three of this section.
2. (a) Any person who owns or has custody or control of a dog that is left outdoors shall provide it with shelter appropriate to its breed, physical condition and the climate. Any person who knowingly violates the provisions of this section shall be guilty of a violation, punishable by a fine of not less than fifty dollars nor more than one hundred dollars for a first offense, and a fine of not less than one hundred dollars nor more than two hundred fifty dollars for a second and subsequent offenses. Beginning seventy-two hours after a charge of violating this section, each day that a defendant fails to correct the deficiencies in the dog shelter for a dog that he or she owns or that is in his or her custody or control and that is left outdoors, so as to bring it into compliance with the provisions of this section shall constitute a separate offense.
(b) The court may, in its discretion, reduce the amount of any fine imposed for a violation of this section by the amount which the defendant proves he or she has spent providing a dog shelter or repairing an existing dog shelter so that it complies with the requirements of this section. Nothing in this paragraph shall prevent the seizure of a dog for a violation of this section pursuant to the authority granted in this article.
3. Minimum standards for determining whether shelter is appropriate to a dog's breed, physical condition and the climate shall include:
(a) For dogs that are restrained in any manner outdoors, shade by natural or artificial means to protect the dog from direct sunlight at all times when exposure to sunlight is likely to threaten the health of the dog.
October 2007 6
AGM Article 26
(b) For all dogs that are left outdoors in inclement weather, a housing facility, which must: (1) have a waterproof roof; (2) be structurally sound with insulation appropriate to local climatic conditions and sufficient to protect the dog from inclement weather; (3) be constructed to allow each dog adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around and lie down with its limbs outstretched; and (4) allow for effective removal of excretions, other waste material; dirt and trash. The housing facility and the area immediately surrounding it shall be regularly cleaned to maintain a healthy and sanitary environment and to minimize health hazards.
4. Inadequate shelter may be indicated by the appearance of the housing facility itself, including but not limited to, size, structural soundness, evidence of crowding within the housing facility, healthful environment in the area immediately surrounding such facility, or by the appearance or physical condition of the dog.
5. Upon a finding of any violation of this section, any dog or dogs seized pursuant to the provisions of this article that have not been voluntarily surrendered by the owner or custodian or forfeited pursuant to court order shall be returned to the owner or custodian only upon proof that appropriate shelter as required by this section is being provided.
6. Nothing in this section shall be construed to affect any protections afforded to dogs or other animals under any other provisions of this article. "

I beg of you, please follow up, don't be another human to let this dog down. Respectfully,

The City of Dunkirk's website has no way to contact the City Council or anyone else for that matter except via phone. I'll let you know if I hear from anyone.

Posted Mon May 05, 2008 1:27 pm:

Directly from the NYS Agriculture and Markets Law relating to "Cruelty to Animals".

§ 353-b. Appropriate shelter for dogs left outdoors. 1. For purposes of this section:
(a) "Physical condition" shall include any special medical needs of a dog due to disease, illness, injury, age or breed about which the owner or person with custody or control of the dog should reasonably be aware.
(b) "Inclement weather" shall mean weather conditions that are likely to adversely affect the health or safety of the dog, including but not limited to rain, sleet, ice, snow, wind, or extreme heat and cold.
(c) "Dogs that are left outdoors" shall mean dogs that are outdoors in inclement weather without ready access to, or the ability to enter, a house, apartment building, office building, or any other permanent structure that complies with the standards enumerated in paragraph (b) of subdivision three of this section.
2. (a) Any person who owns or has custody or control of a dog that is left outdoors shall provide it with shelter appropriate to its breed, physical condition and the climate. Any person who knowingly violates the provisions of this section shall be guilty of a violation, punishable by a fine of not less than fifty dollars nor more than one hundred dollars for a first offense, and a fine of not less than one hundred dollars nor more than two hundred fifty dollars for a second and subsequent offenses. Beginning seventy-two hours after a charge of violating this section, each day that a defendant fails to correct the deficiencies in the dog shelter for a dog that he or she owns or that is in his or her custody or control and that is left outdoors, so as to bring it into compliance with the provisions of this section shall constitute a separate offense.
(b) The court may, in its discretion, reduce the amount of any fine imposed for a violation of this section by the amount which the defendant proves he or she has spent providing a dog shelter or repairing an existing dog shelter so that it complies with the requirements of this section. Nothing in this paragraph shall prevent the seizure of a dog for a violation of this section pursuant to the authority granted in this article.
3. Minimum standards for determining whether shelter is appropriate to a dog's breed, physical condition and the climate shall include:
(a) For dogs that are restrained in any manner outdoors, shade by natural or artificial means to protect the dog from direct sunlight at all times when exposure to sunlight is likely to threaten the health of the dog.
October 2007 6
AGM Article 26
(b) For all dogs that are left outdoors in inclement weather, a housing facility, which must: (1) have a waterproof roof; (2) be structurally sound with insulation appropriate to local climatic conditions and sufficient to protect the dog from inclement weather; (3) be constructed to allow each dog adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around and lie down with its limbs outstretched; and (4) allow for effective removal of excretions, other waste material; dirt and trash. The housing facility and the area immediately surrounding it shall be regularly cleaned to maintain a healthy and sanitary environment and to minimize health hazards.
4. Inadequate shelter may be indicated by the appearance of the housing facility itself, including but not limited to, size, structural soundness, evidence of crowding within the housing facility, healthful environment in the area immediately surrounding such facility, or by the appearance or physical condition of the dog.
5. Upon a finding of any violation of this section, any dog or dogs seized pursuant to the provisions of this article that have not been voluntarily surrendered by the owner or custodian or forfeited pursuant to court order shall be returned to the owner or custodian only upon proof that appropriate shelter as required by this section is being provided.
6. Nothing in this section shall be construed to affect any protections afforded to dogs or other animals under any other provisions of this article.

I do believe that the owner is in violation of most of this. I can't understand why you can't press charges yourself relating to this law.

Posted: Mon May 05, 2008 5:34 pm Post subject: Oh My God

Oh My God this is horrible!

Posted: Mon May 05, 2008 6:36 pm Post subject:

Call the state troopers, they can enforce the law and remove the dog.

Posted: Mon May 05, 2008 6:52 pm Post subject:

Here is a link to AC.... I have no idea how or If THAT will help, I do know about some of them tho.......

http://www.co.chautauqua.ny.us/health/PDF/ACO-DCO-ListForThePublicWebsite.pdf

Posted: Mon May 05, 2008 8:54 pm Post subject:

Mog the Dog here.

If it is indeed true that this dog has lived in a cage for its entire 15 years of life, such a horrific fact would unfortunately be legal evidence in the favor of the man who claims he has a legal right to keep his dog in a cage. It would also be proof that the law needs to be changed for everyone so that no other dogs would be legally subjected to such an abusive fate.

According to the current law, "Any person who owns or has custody or control of a dog that is left outdoors shall provide it with shelter appropriate to its breed, physical condition and the climate." The question here is what is considered, by law, to be "appropriate shelter"?

Does the cage provide shade? yes
Is the cage roof waterproof? most likely, but can't tell from the pics
Does the cage protect the dog from inclement weather? can't tell from the pics but it is possible that it does
Does the cage environment allow the dog the "freedom of movement to make normal postural adjustments? Unfortunately, yes.
Does the cage allow for the effective removal of excretions, etc. The owner was told to make sure he removes "the poop" on a regular basis, so it sounds like the cage itself does not prevent effective removal of waste.

Based on the pictures alone, I cannot conclude that this man has broken any laws. The dog appears to be healthy. What a travesty.

By the way, millions of my chicken buddies are confined to even smaller cages so they can lay eggs for us to eat. Here's a link to a pic that shows how they live their entire time on this earth:

http://www.veganoutreach.org/whyvegan/images/ChickensInBatteryCageslg.jpg

And it's all legal!

I say let's put our efforts to educating people and changing the current laws that allow such abuse to take place.

Oh, and I also like Sage&Sydneys idea of not waiting until DDB gets around to checking out the situation.

Oh, and one more thought. I love people. I hate abusive behavior. I have faith that people can make changes for the betterment of all life on this planet.

MTD

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