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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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animal control did no real investigation and I spoke with neighbor

Resolved Question:

animal control did no real investigation and I spoke with neighbor 2 days prior and told her my were sick and to have the corner of their fence checked . I feel that her dogs got into my yard first
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Zachary D. Norris :

Hi

Zachary D. Norris :

You requested me?

Customer:

hello Zac

Zachary D. Norris :

Were we just chatting?

Zachary D. Norris :

in a separate session?\

Customer:

ummm no

Customer:

vicious dogs

Zachary D. Norris :

oh. OK. I've had several of these questions today.

Zachary D. Norris :

How can I help you

Zachary D. Norris :

?\

Customer:

according to the law if the owner was told they cant be declared vicious

Zachary D. Norris :

Alright.

Customer:

is this correct?

Zachary D. Norris :

Let's clarify it.

Customer:

the 2 dogs died

Zachary D. Norris :

Was it your dog that bit the 2 other dogs?

Customer:

i have 3 and no one is sure

Customer:

i took video

Customer:

no blood

Customer:

i paid for emergency care

Zachary D. Norris :

OK. And you are being charged under the Nevada dog bit statute?

Zachary D. Norris :

sorry dog bite

Customer:

the fence had been down since 11/11 and

Customer:

orginaly willingly and unlawfully harboring a vicious animal

Zachary D. Norris :

OK. So, let's take this one step at a time.

Customer:

no prior problems before

Customer:

ok

Zachary D. Norris :

You say "originally", are you still being charged with "harboring a vicious animal"?

Customer:

the DA is now pushing for dog at large

Zachary D. Norris :

OK...so you are now being charged with vicious dog at large. Do you have any of the court documents with you?

Customer:

yes

Customer:

let me get them

Zachary D. Norris :

OK. We are looking for the exact statute designation they are charging you under

Customer:

i have it here

Zachary D. Norris :

Do you see anything in the documents from the state that talks about the statute designation?

Zachary D. Norris :

Like: N. R. S. 202.500

Customer:

DDC6.16.050

Zachary D. Norris :

or something similar?

Zachary D. Norris :

Ok. Is that in a sentence? Like, State charges Defendant with violation of DDC...

Customer:

douglas county

Customer:

yes

Zachary D. Norris :

Alright. Standby. I'm going to pull the statute and take a look and then I'll be back.

Customer:

ok ty

Customer:

i will be right back

Zachary D. Norris :

Ok

Zachary D. Norris :

202.500. Dangerous or vicious dogs: Unlawful acts; penalties.
1. As used in this section, a dog is:
(a) "Dangerous" if:
(1) It is so declared pursuant to subsection 2; or
(2) Without provocation, on two separate occasions within 18 months, it behaves menacingly, to a degree that would lead a reasonable person to defend himself or herself against substantial bodily harm, when the dog is:
(I) Off the premises of its owner or keeper; or
(II) Not confined in a cage, pen or vehicle.
(b) "Provoked" when it is tormented or subjected to pain.
(c) "Vicious" if:
(1) Without being provoked, it kills or inflicts substantial bodily harm upon a human being; or
(2) After its owner or keeper has been notified by a law enforcement agency that it is dangerous, it continues the behavior described in paragraph (a).
2. A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper.
3. A dog may not be found dangerous or vicious because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog.
4. A person who knowingly:
(a) Owns or keeps a vicious dog, for more than 7 days after the person has actual notice that the dog is vicious; or
(b) Transfers ownership of a vicious dog after the person has actual notice that the dog is vicious,
is guilty of a misdemeanor.
5. If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony and shall be punished as provided in NRS 193.130. In lieu of, or in addition to, a penalty provided in this subsection, the judge may order the vicious dog to be humanely destroyed.
6. This section does not apply to a dog used by a law enforcement officer in the performance of his or her duty.

Zachary D. Norris :

This is the law as to dangerous dogs

Zachary D. Norris :

in Nevada

Customer:

yes

Zachary D. Norris :

I don't think you've been charged with a violation of this statute.

Zachary D. Norris :

I think you are being charged with a violation of a county ordinance.

Zachary D. Norris :

I'm looking at the Douglas County ordinances right now

Zachary D. Norris :

I'll get back to you in just one second

Customer:

my papers say that same thing

Zachary D. Norris :

Say a county ordinance?

Zachary D. Norris :

or say the state statutory law above?

Customer:

douglas county code 6.16.050

Zachary D. Norris :

OK. The following is the text of that code.

Zachary D. Norris :

Let's look at it together

Zachary D. Norris :

6.16.050 Vicious dogs A. If any dog has bitten a human being the dog may be considered vicious by animal control or by a court of competent jurisdiction. The victim, or if the victim is a minor, the victim's parent or guardian, may request in writing that the bite should be considered as an indication of the vicious propensities of the dog. The statement must be filed with the animal control officer and when possible with the person responsible for the dog. It must include the reasons for the conclusion, the name and address of the person responsible for the dog, description of the dog and dog's name, and the name and address of the victim or the person making the statement. The following factors must be considered in making the determination if the dog is vicious: 1. Whether the bite resulted from teasing or mistreatment of the dog; 2. Whether any teasing or mistreatment was by the victim; 3. Whether the victim was warned to stay away from the dog; 4. The viciousness of the attack; and 5. Any other circumstances that would be considered by a reasonable person. A dog must not be considered vicious when it is: 6. Acting to defend an attack upon a human being by a person or other animal. 7. Owned by the sheriff's department or other law enforcement agency when it is used in the performance of law enforcement work. 8. Acting against a trespasser who has illegally entered the residence of the person responsible; or 9. Acting against a trespasser who illegally entered on or into a fenced or enclosed business premises, when those premises have signs posted in a conspicuous way to the public warning of a potentially dangerous animal on the premises. B. If a dog bites a person, the person responsible for the dog may acknowledge without a statement by the victim that a dog bite should be considered vicious by animal control. The acknowledgment must be in writing and must be delivered to the animal control officer. C. If a dog enters on the property of another and attacks an animal it may be considered vicious. If a dog enters the property of another and kills an animal or has on a second occasion entered on the property of another and attacked an animal, the dog must be considered a vicious animal. D. A vicious dog may be impounded by animal control until a secure pen is provided. E. A vicious dog must be confined in a secure pen. When not confined in a secure pen a vicious dog must be restrained by an adult with a sturdy leash of no more than 4 feet and must wear a muzzle to prevent the dog from biting with its mouth. The muzzle must be the proper size and design for the dog. Animal control must approve all secure pens, leashes, and muzzles used on vicious dogs. A county officer may impound any vicious dog that is not securely confined. The county officer may tranquilize or use any other reasonable means necessary to impound the dog. If the county officer determines that the dog cannot be safely impounded, the dog may be destroyed. F. The owners of a vicious dog must have it sterilized within 90 days of the date animal control determines the dog is vicious. The owner must provide animal control with a copy of the sterilization certificate signed by the veterinarian that performed the procedure. G. The provisions of section 6.20.010 apply to the impoundment of a vicious dog or dog in heat except that an impounded dog may not be reclaimed unless a secure pen is provided. If the person responsible for the dog fails to provide a secure pen within five days after written notice, the dog may be destroyed pursuant to subsection 6.20.010(B). (Ord. 1305, 2010; Ord. 1170, 2006; Ord. 815, 1998; Ord. 434 (part), 1985)

Customer:

they did no inveswow ok let me read

Customer:

oops

Customer:

no factors were considered# XXXXX and 3 are marked n/a

Zachary D. Norris :

OK. So lets talk about this

Customer:

k

Zachary D. Norris :

What happened exactly?

Customer:

i was renting, i have 3 dogs and had liability insurance

Customer:

the back fence went down in november of 2011

Customer:

they finally fixed it some what at the end of this feb.

Customer:

my dogs got parvo from replacement of fence,got new neighbors

Customer:

on march 1, 2012

Customer:

spoke to new people on 3-3-12 told them about the parvo and the fence

Customer:

i have a recording of conversation

Zachary D. Norris :

Why did you record the conversation by the way?

Customer:

3-5-12 they stated that my dogs broke into their yard and killed 2 dogs

Customer:

on accident it was in my pocket when i was walking my neighbors dog

Customer:

and i guess i hit the side button

Zachary D. Norris :

OK.

Zachary D. Norris :

So, the fence that your landlord provided was not adequately repaired?

Customer:

sheriff came ans took pictures

Customer:

it i

Customer:

was a shared fence and the side belonging to the new neighbors was not

Customer:

fixed i have pictures

Customer:

animal control never came out they called me the next day and told me to bring my dogs in

Customer:

i was given notice of vicious dog and had to sign

Customer:

i have witness that i signed against my wishes

Zachary D. Norris :

OK. Where were the bodies of the neighbors dogs when they died? In your yard, or in your neighbors yard?

Customer:

i could not get my dogs back untill i had provided kennel and spayed 1 of my dogs the 4yr old

Zachary D. Norris :

ok

Customer:

the other 2 were 8 months old and already spayed

Customer:

and all were licenced

Zachary D. Norris :

but, did your dogs get onto the neighbors property and kill the neighbors dogs there? Or did your neihbors dogs get on to your property and then get killed there?

Customer:

then i was forced to give my 30 day notice to move because i had become a lieability

Customer:

neither the neighbor nor myself were home at the actual time of the incident i was next door and when i got home 2 of my dogs were in my garrage

Customer:

and 1 was still over ther

Customer:

they were throwing rocks and screaming bad words at me

Customer:

the man had a chair upsidedown like a lion tamer at my dog

Zachary D. Norris :

what kind of dog is it?\

Customer:

i stood up and well yelled whoa then i had to push through the fence to get my dogs attention

Customer:

she came right to me and we wnt in and called the vet and took video

Customer:

american bull terriers

Customer:

they had a daushand and chiwowwau

Customer:

what a mess huh

Zachary D. Norris :

Yep. So now your dogs were designated "vicious" by animal control, and you were ordered to bring one of them in for neutering

Zachary D. Norris :

My first issue of concern is that there is no proof that all of your dogs were ever in the neighbor's yard.

Zachary D. Norris :

Just the one

Customer:

no no proof just their word

Zachary D. Norris :

But the neighbors did not see it right?

Customer:

they said all 3 were in their yard

Customer:

but 2 were in my garage when i walked in

Zachary D. Norris :

OK. Your facing an uphill battle because of the type of dog you have.

Zachary D. Norris :

Let's talk about the court hearing coming up

Customer:

k

Zachary D. Norris :

So were you summoned to court by the District Attorney?

Customer:

yes

Zachary D. Norris :

And you are being charged with the violation of the statute that we discussed earlier right?

Customer:

was

Customer:

they have reduced it because i proved that restitution had been made

Customer:

and are pushing for dog at large max fine of 1,000.00 per dog

Zachary D. Norris :

That's some BS...pardon my french

Customer:

right i know and no prob i speak french

Zachary D. Norris :

So this is what you are being charged with now:

Zachary D. Norris :

6.16 Dog Restrictions--Penalty A. It is unlawful for any person who owns, harbors or keeps or who has possession, charge, custody or control of any dog to cause, permit, suffer or allow the dog to stray, run or to be at large in or on any public highway, street, alley, sidewalk, park, place or school ground, or upon any lot or land whether public or private, other than that of the owner. B. This section does not apply to any dog performing under the immediate direction and control of the person responsible for the dog or an agent or employee of the person. C. The county officer may tranquilize a dog at large to aid in its capture. If a safe capture cannot be made using tranquilization, the county officer may use any reasonable means necessary, including destruction of the animal, to capture the animal.

Customer:

and i found out that oneof the realestae agents from my property management company is related to the animal control officer

Customer:

i do not believe that i allowed this to happen

Zachary D. Norris :

I think you just hit the nail on the head.

Zachary D. Norris :

But before we get into it,

Customer:

but how the heck am i gonna present that

Zachary D. Norris :

Have you already pled not guilty?

Customer:

heck no

Zachary D. Norris :

What did you plead?

Zachary D. Norris :

Or have you pled anything yet?

Customer:

nope

Zachary D. Norris :

OK. Well. This is a misdeamenor charge. The $1,000.00 penalty is simply ridiculous, especially given the circumstances.

Zachary D. Norris :

The first thing you have to remember is that the State has to prove their case

Zachary D. Norris :

Not you

Zachary D. Norris :

So the State has to prove "caused, permitted, suffered or allowed" your dogs to go next door.

Customer:

ok but the law gives the right to the animal control officer to deem them vicious

Customer:

why would the DA push so hard

Zachary D. Norris :

Not quite sure.

Customer:

i have statement from vet video and pictures

Zachary D. Norris :

The fact that your dog killed the other dogs creates an automatic assumption of visciousness

Zachary D. Norris :

But it should only be for the one dog...not the other two

Zachary D. Norris :

What do the video and the pictures prove?

Customer:

detailed efforts given by vet

Customer:

that the fault was not mine

Zachary D. Norris :

Allright. We need to think of this as two separate issues

Customer:

crappy fence

Zachary D. Norris :

The first is whether or not the dog is vicious and has to be spayed and then confined to a pen

Customer:

3 dogs

Zachary D. Norris :

You said there was the designation by the vet, but then they dropped it right?

Zachary D. Norris :

Ok

Customer:

no one knows which one did anything

Zachary D. Norris :

Now they are just asserting dog at large and trying to fine you $1000 per dog

Zachary D. Norris :

right?

Zachary D. Norris :

They aren't trying to make you confine your dogs to a pen, or destroy the dogs?

Customer:

the vet letter states that i am responsible and lawfull pet owner

Customer:

yes

Customer:

if i stay in douglas county

Zachary D. Norris :

If you stay in douglas county, then they are "vicious" and you have to keep them in a pen

Zachary D. Norris :

right?

Customer:

my dogs must be confined at all times with a leash 4' and a muzzle

Zachary D. Norris :

ok.

Customer:

yes

Zachary D. Norris :

OK.

Zachary D. Norris :

So let's talk about the hearing

Customer:

i want no vicious o

Customer:

ok

Zachary D. Norris :

Well, allright, lets address that. The vicious designation is going to stick on at least one of the dogs. The law says this is the designation if the dog is on another person's property and kills their dog...no matter what the circumstances.

Zachary D. Norris :

You can challenge the designation of the other two dogs as vicious

Customer:

well how can they determin which dog

Customer:

my dogs had NO blood

Zachary D. Norris :

OK, but you are not denying that the neighbors dogs died from the bites of one of your dogs are you?

Customer:

not excatly

Zachary D. Norris :

I got you

Customer:

i asked the vet if they were sure it was my dogs

Customer:

it would appear so

Customer:

is what they said

Zachary D. Norris :

So, the problem you are facing is an assumption allowed under the law called "res ipsa loquitor". That means a person can assume that the circumstance proves the assertion.

Zachary D. Norris :

In other words, your pit bulls were in the neighbors yard with the neighbors dogs. The neighbor's dogs are dead. Res ipsa loquitur, the pit bulls killed the neighbor's dogs

Customer:

ok assertion from ugh whats the word

Customer:

provokation

Customer:

apparently without blood

Customer:

andno sound

Zachary D. Norris :

We are talking about a different law now. The county designation of vicious turns solely on the fact that one dog got on the property of another and killed an animal.

Customer:

want to come to court?

Zachary D. Norris :

So provocation does not come into play anymore.

Zachary D. Norris :

LOL. I would if I could

Zachary D. Norris :

Let's talk about that now.

Customer:

i know

Zachary D. Norris :

You need to plead not guilty

Customer:

but

Customer:

i did but then he set another date

Customer:

i did anain so judge set trial date

Customer:

oops

Customer:

again

Zachary D. Norris :

Fine. Continue you in your plead of not guilty. So now you have a trial date. You then stand up and say that your neighbors were negligent in the care for the fence. They knew you had dogs, and that you would never cause or allow your dogs to be out of their yard.

Customer:

douglas county doesnt have a potentialy dangerous list

Customer:

correct

Zachary D. Norris :

Of anything the fact that the dogs got out is that your neighbors were not taking care of their side of the fence.

Customer:

correct

Zachary D. Norris :

You say this in your opening statement to the court.

Zachary D. Norris :

You say that the State has to prove that you caused or otherwise allowed your dogs to get out

Zachary D. Norris :

And that the state has to prove that "beyond a reasonable doubt"

Zachary D. Norris :

And that there is no proof of that whatsoever.

Customer:

ok

Zachary D. Norris :

Tell the prosecutor that before the case

Customer:

can i print that from here

Zachary D. Norris :

Not sure.

Zachary D. Norris :

Do a cut and paste

Zachary D. Norris :

into your word doc

Zachary D. Norris :

or word processor

Customer:

k hold on

Zachary D. Norris :

Be adamant in your delivery. Say that it was a terrible thing that happened, but that there is only so much you can do as a landowner, like keeping your dogs in your backyard and maintaining your side of the fence. If your neighbors allow a hole in the fence, it is not your fault. You've paid your restitution, and paying a fine to the city for this is not going to bring your neighbors dogs back.

Zachary D. Norris :

Its unfair and unjust, especially under these circumstances and the State cannot prove their case. They cannot prove that you did anything to violate that law.

Zachary D. Norris :

The denial is your defense. And that is because you don't have the burden of proof. The state does.

Zachary D. Norris :

If you are strong, you will most likely win.

Zachary D. Norris :

When they put on evidence, that is when they get your neighbors to testify, you get to question them

Zachary D. Norris :

Tell them "You did not see your dogs actually die, did you"

Zachary D. Norris :

"You did not see my dog actually bite your dog did you"

Customer:

omg

Zachary D. Norris :

"You did not see all of my dogs in your yard either, did you"

Customer:

how harsh

Customer:

this sucks

Zachary D. Norris :

It's kinda the way you gotta be...you are the one being charged with a $1K penalty for each dog\

Zachary D. Norris :

Yeah.

Customer:

ok

Zachary D. Norris :

You might wanna see if there is a criminal defense attorney who could do it

Zachary D. Norris :

They probably wouldn't charge to much

Customer:

i am a tough one you know

Zachary D. Norris :

You can be nice in the way you deliver the question.

Zachary D. Norris :

You don't have to yell, or anything.

Customer:

even with this short of notice

Zachary D. Norris :

I would think so.

Customer:

never i am a respectfull b----

Zachary D. Norris :

Doesn't take much prep work

Zachary D. Norris :

lol

Zachary D. Norris :

Alright.

Zachary D. Norris :

So does that answer your questions?

Customer:

thank you soooo much

Zachary D. Norris :

Do you have anything else for me to address?

Customer:

yes

Customer:

no sir

Customer:

thank you again

Zachary D. Norris :

Great. It was good speaking to you.

Zachary D. Norris :

I hope you have good luck with this case

Customer:

likewise

Zachary D. Norris :

Please show you are satisfied with my answer by clicking "accept"

Zachary D. Norris :

Thanks

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 4 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

Hello Zachary,

This is JACUSTOMER-h4kaql47

the one with the pit bulls

Hope all is well with you. I am writing to you to ask a question. The DA called me and said that he was dismissing the case but has 1 year to reopen it I Feel that it is still important to submit my evidence so i am writing a letter to him and im not sure what NOT to sayUndecidedtitle="Undecided"/>

Expert:  TexLaw replied 2 years ago.
You should resist the urge to send a letter to the DA. The DA dropping the case means that they realize they have no evidence against you. Anything that you write to the DA in a letter can and WILL be used against you.

In short, my advice is to say nothing. Giving a letter to the DA is like giving a professional gun slinger ammunition...its just a bad idea if you are in a fight with him.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 4 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
hello zac,

i was going to wright a letter to the Judge
Expert:  TexLaw replied 2 years ago.
Same logic applies. Also, the letter will have no effect. If you are trying to persuade the judge on a personal level, then I would still reconsider. The less you say the better in a situation when you've already won.

The judge will not act on your letter if the DA is dismissing the case. And you would have to send the letter to the DA as well, so this could only risk provocation.

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TexLaw
TexLaw
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Lead trial/International commercial attorney licensed 11 yrs