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Attorney 1
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Category: Consumer Protection Law
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I have an issue with the department of Animal Control in La

Customer Question

I have an issue with the department of Animal Control in La Quinta Ca, I think we're been harassed by them. What type of lawyer should type my question to? I do not see any on this field in the drop down.
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 7 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Can you explain more about what is happening?

Customer: replied 7 months ago.
I'm Ed. We recently moved here from San Diego with 2 young children and 2 dogs. A 14 y/o m cocker spaniel and a 5 y/o f mastiff. Both with a current license and shots from San Diego animal control.
A bit over a month ago my mastiff attacked a 7 year old girl who tried to take her favorite toy away while my dog was chained to the garage door jamb. I have a habit of putting my dog there to protect against a possible home invasion thru open garages as is happening more often in california. Thank goodness the girl only suffered minor flesh wounds. She was taken by her mother to the er. Was trested and released to home rest for a couple of days. Medical stuff reported the incident to La Quinta AC as required by law. They came to talk to me and see where my dog was when it happen. I told the officer that my dog was leashed to a 10 foot chain far from reaching the sidewalk. They put my dog in home arrest (quarantine) for 10 days. A couple days later a received a citation for my doog not been lacense in La Quinta worth $100. I explained that I did not know I needed to license my dog again. Yesterday I received a call from a man with a bad attitude claiming to be from LQ AC and wanted me or my wife to meet him at our property to talk about my dog. I told him that we both work all week and can not meet with him on s short notice. I ask him to tell me on the phone but he decline saying that we have to meet him at out property yesterday or today.
I declined again and told him we can not just leave our jobs. He demanded that my wife or I take 2 hours off work and meet him. I told him I'm home weekends and he could come on Saturday or just send me an official letter on what is this about.
He said he wanted to discuss some new AC laws that just came out for dogs that bite. He agreed to come over tomorrow. However; I'm not comfortable with this whole situation and I feel harassed by LQAC because my dog's incident was already put behind and the citation was only for no license. I ask him if he's going to go to all the neighborhood and talk to all the dog owners. He said no.
Do I have to take this crap ftom them or I have the right to object to his visit and request a written explanation?
What are my rights as an animal owner?
Customer: replied 7 months ago.
I have been postponing me seen the doctor because I'm so busy at work and this man demands that we take time off just like that? I don't think even the police does that. They'll come to your work place.
Expert:  Lucy, Esq. replied 7 months ago.

I completely understand your frustration with the officer, but it's important to remember that he may try to take your dog from you if you don't cooperate. He most likely wants to meet at your home because that's where the dog is. Unless you can bring your dog to work with you, meeting at your office or sending a letter isn't helpful. He wants to see how your dog reacts to strangers and if he appears to pose a threat, plus if he's got adequate food and water when he's chained outside.

Any statute that was passed AFTER this happened couldn't apply to your dog. I'm looking at the La Quinta County Code, though, and the dog bite statutes were passed in 2005. So I'm not sure what new law he's talking about. You may want to ask him to provide a citation or a statute, because based on what you've said, you followed the laws in place.

Customer: replied 7 months ago.
Hello Lucy,
I can't say good morning because is not. My dog was taken by animal control just a bit ago and there was nothing I could do to prevent it. I guess I could refuse to turn in my dog but then I'll probably be locked up too. I mean no disrespect to you but, I see that you're a Consumer Protection Lawyer and I need to be advised by a lawyer with expertise in animal impounding (control) law at this point I think. They're considering my dog a vicious or dangerous animal because they said that the bites are considered level 2. I have attach a copy of what they give me this morning after taking my dog. They said that there will be an administrative hearing between 15 to 90 days from today. We can't wait that long my 7 and 11 year old were in tears asking why they have to take Tori if she's a good dog and has never attacked anyone before. Please, if you are not the one with the knowledge to help us get Tori back, hand it over to some one who does. If that lawyer is you, then please think of the pain we're all going thru and help us find the best solution. We have got Tori since she was 3 months old and my children were babies. We're not rich people to afford attorneys high fees. Otherwise I'll be hiring one locally right now. We're just a family with decent jobs who live in a decent community.
Please read over the attached document and give me your opinion.
Thank you.
Customer: replied 7 months ago.
I still haven't got your answer to my message yesterday morning after my dog was taken away.
Expert:  Lucy, Esq. replied 7 months ago.

I apologize. I typically do not work on the weekends.

I'm sorry to hear that your dog was taken away. What questions do you have about this?

Customer: replied 7 months ago.
Thank you for getting back to me.
1) Did you read the documents in the attachment that were given to me when they took my dog? If so, did they have the right to do so without a judges signed order? Keep in mind that my dog has never bitten any human or animal before and that, she didn't posed any threads to the genersl public as my house is surrounded by a 6 foot stucco wall and a 6 foot iron gate.
2) Do you have expertise on animal or pet laws?
I need to get our dog back immediately not in 90 days, 60 or 30 or for that matter even 15 days. I know that every day that she's there among those vicious animals I saw saturday is very stressful for her. Not to mention that they're also going to try and charge me for her impoundment time.
This is a very serious matter that requires very serious and quick legal action.
Expert:  Lucy, Esq. replied 7 months ago.

I understand that this is very serious. Unfortunately, that takes it outside the scope of this site. JustAnswer experts are not able to represent customers or provide specific legal advice. Document review is a premium service that requires an increased fee, so I did not undertake that task without an explanation of what sort of assistance you were expecting and promise of payment.

The site is not designed for urgent matters. The best thing you can possibly do is contact a local attorney to help you. The California bar has a referral service that might help.

I apologize that I could not assist you.

Expert:  Attorney 1 replied 7 months ago.

Hello and welcome. New attorney here, since the prior attorney opted out of this question.

I'm very sorry to hear of this ordeal and it's unfortunate circumstances. It sounds like there is some addition information needed to get the complete picture. Based on your comments of a home quarantine order, it is unclear how this escalated and changed to such a degree. If you would like to discuss this further and have me do some specific research on this matter to find out what options you may have, I will be happy to do so. That type of attorney service is beyond the scope of this page, so I will forward you an additional services offered to that effect.


Attorney 1

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