“One of the saddest parts of a divorce is a question,” Seal Beach family law specialist, attorney Glen Rabenn says. “Who keeps the family’s pet? It is often a deeply emotional aspect of a divorce, and difficult to reach compromise over as both sides love the animal.”

That issue faced “Mary Anne” and her husband, “Justin,” who worked together as architects in the Eastern U.S. Worked — in the past tense, because “COVID destroyed our business and put so much pressure on our marriage that it fell apart,” both explained on a phone call.

“You have been referred to as the Anne Landers/Dear Abby of the legal world, and thought that possibly you could help us resolve a difficult issue, custody of our darling little Chihuahua,” Mary Anne said.

The couple’s call could not have come in at a better time as the day before I discussed these very issues with both Rabenn and attorney, Barbara J. Gislason from Fridley, Minnesota, who is recognized nationwide and globally as an animal law pioneer.

She wrote a book on this subject for the American Bar Association’s Section of Family Law entitled Pet Law and Custody:

Establishing a Worthy and Equitable Jurisprudence for the Evolving Family. She explores the cultural role of animals in our lives, asks important questions regarding our treatment of animals, and discusses how the law should be applied in a manner that is in the best interests of both humans and animals.

Animals–Pets–Typically Seen as Property

“Historically,” Gislason explains, “Animals – pets – were considered as property, just like the furniture in your home. In a divorce, the courts would look at who paid for the pet and its vet bills or registration fees and award it to that person, regardless of the degree of attachment the spouse had to it.

“As anyone who has owned a dog or cat knows, we love these animals, and this has nothing to do with who bought or paid for food and its health care. So when courts divided a couple’s assets, often very sad and unfair results occurred. But then, several years ago, family court judges – and state legislatures – began to view family pets as more than just items of property.”

Best Interests of the Pet Standard – Once in Court, What Happens?

I lived in divorce court for 30 years and saw firsthand how dealing with custody of the family pet can be more difficult than a child custody dispute. Thank goodness, it’s changing at a rapid pace, as three states – Alaska, Illinois and California – permit family court judges to look at custody of pet in a similar way as with children.

“Judges in these states are now required to take into consideration the animal’s well-being, and to answer this question: What is in the best interests of the animal? Gislason observes, adding, “It is always best for the parties to avoid a horrible, expensive fight in court, and approach custody – and shared custody – with what’s best for the pet in mind.”

I explained that to my readers, asking, “Now, imagine yourselves in court. The judge has discretion as to who is awarded the Chihuahua. Attorney Gislason suggests that you think about how the judge will feel after hearing one or both lawyers do the following:

1- One of you will be presented as a nice person devoted to the dog and examples of loving care shown, arguing the other was much less interested in the dog.

2 – Will emphasize that his client paid all the animal’s veterinary expenses.

3 – That the other person ignored or neglected the animal.

4 – That your dispute is motivated by revenge. Judges do not reward pet owners in that situation.
“You don’t really want that kind of a fight, do you?” Both agreed they did not. “So, how can we solve this?” they asked.

Pet Custody and Sharing Agreement

Glen Rabenn offers a 5-step solution:

1 – Have a detailed agreement in writing. Err on the side of being overly specific.

2 – It should contain a schedule – a weekly schedule of custody and state who makes important medical decisions or putting the animal down.

3 – Can you take the pet outside of your state? Think of the same things as for a child.

4 – Do not leave things to chance.

5 – If you have a disagreement, specify mediation or agreed upon family members to decide the matter.
Gislason agrees, adding:

“Be civil to each other and try to talk it through. Sometimes giving up something else that you want in the marital dispute helps. ‘I will get the dog and you get mountain bike.’

She concludes with this recommendation:

“Encourage family member to lean on the person trying to take the other persons dog away.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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When mommy and daddy bring home a puppy for the kids or a young couple starting out in married life get a dog, a new chapter of love is brought into the home.

“But what happens if they divorce? Who keeps the family pet?” asks Seattle, Washington-based attorney Gemma Zanowski, considered as one of the nation’s leading experts in Dog Law. As a lecturer for Law Pro CLE, she conducts continuing legal education seminars for lawyers who deal with the reality of situations just like San Luis Obispo reader Angela wants to avoid:

“For the past two years, Ben and I have been in a long-distance relationship but in order to see if we are marriage material, soon we’ll be moving in together. Before my parents divorced, home was a happy place with our German Shepherd and three cats who just loved that dog.

“To this day I still remember how sad I was, how I cried when I went to live with my father and mom kept all the pets.

“We have talked about getting a dog. I know this sounds negative, but if we do and our relationship completely breaks down and we wind up in court, how do judges decide who keeps the dog? Are there steps I could take which would help me retain ownership?

“Please do not think badly of me, Mr. Beaver, but I just do not want to risk going through that horrible pain of loss again. That may sound silly to someone who never owned a dog, but even today, at age 30, just thinking back to my parents’ divorce gets me close to tears. Thanks, Angela.”

Little place for feelings – Animals are generally considered as property

“While we love our animals, to the law, in most states they are seen as property,” Zanowski points out, adding, “Therefore, it is important to understand your state’s custodial laws. It is likely that dog ownership will be determined by whatever the legal property status is of that animal, feelings and emotions playing little role in deciding who will keep it.”

Of course, to most people, our dogs aren’t just property. We love them. They love us. We care for them in sickness and health. They are members of the family.

We asked Zanowski, “Now as it is common to set up a trust fund for our pets, there must be judges somewhere who will ask a“What is in the best interests of this dog? Show me who is better able to care for the dog, who is closer to it?”

“Yes, there are courts which ask those very questions,” she replied. “There have been recent divorce cases in several jurisdictions where there is the suggestion that the best interests of the dog is a relevant legal inquiry. Unfortunately, in most states, technically, the best interests of the animal is not yet legally relevant when it comes to determining ownership.”

How can I establish the best interests of the dog?

While American justice moves slowly, judges are aware of and sensitive to where the law is headed. At one time, fathers were seldom awarded custody, but now they are. All it took were good facts, lawyers who built persuasive cases and judges with common sense who listened and agreed.

At one time, what was best for the dog didn’t matter and now, in some states, it does. So, with that attitude in mind, we asked Zanowski what would help to build your case and convince a judge that your home is best for the dog.

“As you have an animal who cannot speak for itself, someone has to make a human-centric determination as to what matters to it. Answers to these three threshold questions will have been provided:

1. Who is the primary caretaker?

2. What is the living environment like for that animal?

3. Can one party in the divorce take the dog to work or will it sit at home all day or in a kennel?What elements of ownership can you provide?

Zanowski notes that when contacted over an ownership dispute, she asks:

1. Is there anything in writing which shows who was considered as the owner?

2. Who is the dog licensed to?

3. If there is AKC paperwork, who is the dog registered to?

4. Who paid the vet bills, the food bills, if the dog was purchased from a breeder, who paid for that animal?

Zanowski concluded our discussion with these thoughts:

“Judges have the ultimate power to determine custody of the pet and on some level, many will consider the best interests of the animal. So, parties should see the bigger picture and answer this question: Where is this animal happiest?”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Everett Washington high school senior “Shelly” has a real issue with veterinarians. Her email and tone of voice during our telephone chat Sept. 15, revealed a young lady furious with the vets who refused to provide free emergency treatment to her family’s Chihuahua.

Denied at five ER hospitals

“Last night our Chihuahua passed away after being denied care at five ER hospitals in Snohomish County, Wash. He was having seizures, but they all refused to stabilize him, even a pet hospital that had treated the dog in the past insisted on money first. They wanted proof of insurance and/or cash before even looking at him.

“The fact that our dog died due to this is so cruel! There are many laws dealing with harming animals, but I see nothing when it comes to emergency situations when an animal’s life is on the line,” she wrote.

“I want to confront these ER clinics and make it so that no one has to experience running from hospital to hospital, continually being refused until the animal dies in their arms.

“It is inhumane to the animals and heartless for pet owners who should have the right to obtain treatment for sick or injured pets from veterinary clinics, especially pets in emergency situations, without worrying about payment.”

Vet clinics are not subsidized 

We read Shelly’s email to Stephanie Bell, Senior Director of Cruelty Casework at Norfolk, Virginia-based PETA, People for the Ethical Treatment of Animals.

Bell understands how the articulate high school student would be so upset at being refused by these veterinary hospitals, observing, “Many pet owners do not realize that a veterinary hospital or clinic is a business which, unlike human hospitals, are not subsidized by the government.

“A human hospital ER cannot turn someone away, while an animal hospital is a private business and can. They are not in a position of offering free services, just as a restaurant  – which is a private business – is under no legal obligation to feed the homeless.”

Consider veterinary costs before acquiring an animal

We asked Bell, “What, in your experience, is the one thing that pet owners fail to consider when acquiring a little doggy or kitty for the family?”
“It’s the predictable cost of pet ownership,” she replied.

And just how much? Well, hang on to your leash for the answer:

“Nationally, the estimated annual cost of owning a dog ranges from a thousand dollars for a small dog to $1500 for a large dog, not including emergencies, such as a dog who ingests a chicken bone or fractures a leg. Basic costs include feeding, grooming, flea control, possible increased rent charges,” she points out.

What if your neighbor’s dog has a litter of adorable puppies and wants to give you one? What then?

“Someone who acquires an animal for free should plan on spay/neuter expenses, in addition to hundreds of dollars and sometimes more yearly, depending on the animal’s size and needs. And, you’ve got to factor in that, just like humans, your little dog or kitty’s needs will increase as she grows older, often leading to significant health issues and expensive veterinary costs.”

As Fido or Kitty become family members, they can also benefit from pet insurance which Bell explained.

“Just like car insurance, pet insurance has an annual premium and a deductible which the pet owner pays before the insurance kicks in. We pay fifty dollars a month for our geriatric cat’s policy, and that rate has increased over time.

“Clearly, a year-old-dog will have a smaller premium than one 14-years-old. As the older dog requires more health care, the likelihood of having to reimburse for higher veterinary charges will increase as well,” Bell underscores.

Unlike human health insurance, “Pet insurance reimburses you. So if your dog eats a sock which wraps around his intestines requiring emergency surgery, you will have to pay $3500 – and your insurance will reimburse you a certain portion of that.”

Budget for this life that depends on you

As veterinarians are under no legal obligation to provide free services, “A financial burden rests on the shoulders of the animal guardian, lessened by creating a budget for this life that depends on you and being prepared for an emergency.”

So, as you can see, showing up at a vet clinic you’ve never dealt with — holding a dying animal and expecting free care — is unreasonable.

Also, Bell notes that crisis situations frequently result, “Because initial symptoms were ignored.”

To PETA’s Stephanie Bell, the moral of today’s story is clear:“Veterinary care is a necessary and predictable expense that comes with the responsibility of animal guardianship.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Our entire family read your article about neighbors who were abusing their animals and what to do about it. I think we have a related problem, two houses from us, and we need some advice,” Shirley’s email began.

“About two months ago, a very cute little old lady moved into to the home, and both she and her son introduced themselves to all the immediate neighbors. She was well dressed, polite, and very nice. Her son took me aside and said, ‘Mom love cats, and dogs, so don’t be alarmed if you see a few. But if it gets too bad, please call me before calling anyone else.’ That statement was a bit strange, but within days we understood, boy did we understand!

“Suddenly there were cats everywhere, cars stopping and dropping cats and dogs off at her house, and there was this terrible smell of cat urine! The next time we saw her, from well groomed, she looked like a homeless person living on the streets. What’s going on here? Is she an animal hoarder?”

What is a hoarder?

We ran this fact situation by Stephanie Bell, Senior Director of Cruelty Casework at Norfolk, Virginia based PETA (People for the Ethical Treatment of Animals.)

“A hoarder,” Bell explained, “is someone who accumulates more animals than they are capable of caring for. You might have a well-meaning person with limited means who accumulates 15 cats but can’t afford to spray-neuter them and then you have 30 cats which soon become 60 cats.”

We asked her about so-called rescue hoarders

“These people send my blood pressure into the danger zone,” she replied. “Rescue Hoarders are people operating a “Rescue,” which should offer a safe haven to an animal in need. But not knowing their own limits, and lacking the proper resources to care for those animals, are often overrun with hundreds of animals who are not receiving the care that they need. We have also found hoarders who are breeding and selling animals, for profit.”

In total denial of the suffering they cause

“Hoarding is a pathological addiction to warehousing animals without concern for their quality of life, generating massive suffering while claiming to care for their victims. Someone with 150 cats and no money for medical care is a recipe for disaster,” she points out, “A single animal in a home typically requires hundreds of dollars of medical care in any given year. Someone with 150 animals needs to have tens of thousands of dollars if they are doing it right, and very often they don’t have a penny for medical care. So those animals suffer terribly.

“Hoarders are often in total denial of the reality of the suffering in their midst, animals living in filth and stench, untreated injuries and disease, often imprisoned in small, filthy cages. And yet the hoarders claim that everything is great! It’s a sickness,” Bell commented, shaking her head in disbelief.

“Many rescue hoarders often have misguided people who enable their behavior, by giving generously without fully understanding they are prolonging animal suffering.”

What are the signs that my neighbor is a hoarder?

“The signs of animal hoarding are difficult to miss and initially include the stench of cat urine emanating from the home. You often find squalor, buildings and yards that are in decrepit condition. Interestingly, on some level hoarders are sometimes aware this behavior is wrong and often don’t let people past the front door. However, a reputable facility will be happy to invite the public in, as they have nothing to hide.”

Families of hoarders also suffer

We asked Bell if animal hoarding and junk hoarding go hand in hand, and what effect does this sick behavior have on families?

“Yes, sometimes animal hoarders are also junk hoarders. While the junk isn’t suffering, the hoarder suffers in those environments as well as family members, their children, and the people who love them. But with animal hoarding it’s even worse, as the beings they are hoarding suffer so terribly in those environments.”

The cute little old lady with 100 cats isn’t so cute anymore

“We used to think that the little old lady with 100 cats was cute, but not anymore,” Bell underscores, adding, “The public are becoming more educated about the dangers of hoarding. Law enforcement understands this isn’t as benign a condition as it is had been thought of in the past.”

While studies indicate that the recidivism rate amazingly approaches 100 percent, “The most effective way for law enforcement to combat animal hoarding is to prosecute them and to have sentencing include a ban on owning animals in addition to psychiatric intervention,” Bell concludes.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If you’ve been hearing complaints from neighbors — which you doubt — that your dogs are constantly barking, there’s a good chance that we can help reduce some of the tension that probably exists in the neighborhood and save you hundreds of dollars in barking dog fines. We begin with an email from “Jill,” a Eureka reader:

“Neighbors tell us that when we are gone, our three French poodles are barking all the time, and even when we are home, they bark at night.

“On occasion, we’ve found taped to our front door a bright yellow sign reading, “QUIET YOUR DOGS OR WE WILL ALL SUE YOU FOR MAINTAINING A NUISANCE!”

“Mr. Beaver, please understand that we are severely hearing impaired, and are usually at our business for much of the day.

“Until my husband blocked their numbers, neighbors would sometimes call at two in the morning, telling us to bring the dogs inside, which we’ve done. Animal control has given us two citations. Frankly, we don’t hear them barking, but, then again, we don’t hear much of anything.

“My husband is beginning to show early signs of dementia — and doesn’t seem to care if the neighbors are bothered, but we both read your column every week and respect your advice. If it is true that our dogs are constantly barking, is there something we can do or some device we can purchase that will not harm the dogs but which will help to stop the barking?

We ran Jill’s email by animal control officers in cities across America, receiving virtually identical comments and suggestions, which we paraphrase:

“Neighbors don’t make this stuff up. As the pet owners may not be at home, they are often unaware of their dog’s nuisance barking — contrasted with protective barking that occurs when an animal or person comes onto or near its property. The adverse health consequences in exposure to the sound of nuisance barking is well documented.

“Typically the courts raise the fine significantly with each Barking Dog citation — up to $1,000 here — leading the owner to bring the dog inside or get rid of it,” commented a Los Angeles animal control officer, adding, “and we have seen cases where neighbors get together and file suit, obtain an injunction, attorney fees, and punitive damages.

“In the process, a neighborhood is ruined, all because one family forgot to ‘Love your neighbors as yourself — The Second Commandment.’ ”

Is there some device which helps to stop the barking, and reduce the chances of a worsening legal situation? Yes, it’s a class of products which listen for the sound of a dog’s nuisance barking and immediately emits a harmless ultrasonic tone that does not harm the dog but which is irritating. Associating the unpleasant tone with barking, the pooch remains quiet and unharmed.

For the past several weeks, along with animal control Officers, Veterinarians and friends of this column, we have been testing a new generation of devices manufactured by Medford, Oregon,-based Good Life, Inc. www.ultimatebarkcontrol.com. These include:

• The Dog Silencer – used primarily to stop a neighbor’s dog from nuisance barking;
• The BarkWise UltraSonic Collar – Intended for the owner’s dog.

We must point out that, while there are several items on the market which we have tested with highly variable results, The Dog Silencer has performed in an outstanding manner. This comment from Southern California Labor Law attorney Jay Rosenlieb is typical of the feedback we have received:

“Dennis, for the past week I have tested The Dog Silencer that you lent to me. It is truly amazing! A nearby dog that continually barked is now silent. I know the dog is still there because I have seen it. The device is very easy to set up and operate.”

Hanford veterinarian Dr. Lee Fausett observes that, “Dog owners need to respect their neighbor’s right to peace and quiet. Blocking their phone number — making it impossible to be informed of the barking once again — is not mature.

“It is difficult to be neighborly when, over months or weeks, you have put up with nonstop barking. These situations can get ugly, so don’t just hope that it will go away; promptly and politely speak with your neighbor and contact animal control,” he recommends.

And so, to our readers who might not be aware or, as happens, are aware but simply do not care, common sense and your wallet points in one direction: these devices are worth a try. They are better and far less expensive than a citation from animal control, or a lawsuit.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Are your dogs barking? appeared first on Dennis Beaver.

Last week we told you about Samantha, a 20-year-old student at College of the Sequoias in Visalia, California. She took her sick cat to an animal hospital in Fresno, paid $65 for an examination and was later informed by the doctor that it had pneumonia with a 50/50 chance of survival. Treatment could run as high as $500.

Samantha authorized treatment, but the next day, her kitty died and she was billed $350. During our phone conversation, she explained why she should not be required to pay the animal hospital and that “they owe me a refund.”

“This was such an emotional time for me, and they knew it. I loved my little kitty and couldn’t just let her die. I would have felt so guilty. So, I believe they took advantage of my feelings. Besides, the cat would have died anyway, I don’t owe them a thing, and they should refund the $65.

“I know, that if I had no money, they would have been required to treat my cat for free,” she also maintained.

While 20 years of age makes one an adult legally, real-world maturity is always years away, with some people never quite getting there. Samantha was headed in the wrong direction, and we felt it our duty to at least try to help her understand why she owed the money, both legally and morally. Finally, we asked her to send us a photocopy of the check which we urged her to send to the doctor.

Samantha did raise some interesting questions about free veterinary care, balancing feelings with the economics of pet ownership and seeking the answer to a simple question: What if your pet dies — so you still have to pay the vet?

For the answers, we turned to friends of this column, Drs. Lee Fausett and Rhett Swasey of the Hanford Veterinary Hospital in Hanford.

Pets are an emotional investment with a real cost

“Samantha’s example is fairly common, and to begin with, there is no such thing as free veterinary care. Society absorbs the cost for human care when someone cannot pay, but nothing like that exists for veterinary care,” Fausett notes.

Swasey next described one family’s reaction when denied free care: “Terribly upset, either having no means of paying or who just go through life always looking for someone else to pay the bill, they created a real scene, yelling, ‘You have to treat our dog, we know how this works!’

“I calmly explained this is not the same as a human emergency room or hospital. Veterinarians can refuse to accept a patient. Once we administer care, with reasonable assurance of being paid as agreed upon, we are obligated to continue, but we can and occasionally must refuse to accept or continue care. It is the economic reality of running a business, having to pay overhead, staff, medication and so on.”

‘They drove off in an expensive new car!’

Fausett considers “pets to be an emotional investment and the dividend is life itself, the joy of playing with your cat or dog, coming home to have your nose licked by this friend who you love and just wants to make you happy.

“But this investment has an emotional price as well,” he cautions.

“It is normal to have guilt feelings — almost a feeling of betrayal — when told that putting your pet to sleep needs to be considered, where treatment could be much more than you can afford or isn’t likely to have the desired outcome.

“Sometimes pet owners face difficult, hard choices that they really do not want to make, and we try to help them come to that. We often have a heart-to-heart discussion about the importance of alleviating suffering when there is something that we cannot treat. There is also a cost to properly take care of the remains of a deceased pet, and the owner is also responsible for that as well.”

Budget for your pet’s health care

“Today, we can treat and cure conditions which only a few years ago meant a death sentence,” Swasey points out. “And, just as with human health care, the expense has gone way up as well. For most people, $2,000 for their dog’s surgery or broken leg would be a major expense.

“So, open a pet health savings account and save at least $100 a month, or consider pet insurance, which runs from $30 to $90 a month. Only about 3 percent of pets in the country are covered, and the need is very large.”

And Samantha?

She sent us a thank you card which read, “I thought about what you told me, about morality and keeping my word.” Inside was a photocopy of her check for the vet.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post What your veterinarian wants you to know appeared first on Dennis Beaver.

“Our neighbors have a pit bull, and we really are afraid of it. A chain-link fence separates our homes, and when we walk to get the mail or newspaper, it follows us, growling. When their gate is left open, the dog runs around the neighborhood barking and everyone who sees it immediately walks the other way.

“Trying to be good neighbors, we and others have brought this to the owner’s attention, with little results, in part, we think, because we hear them screaming and yelling at each other and their children at all hours of the day and night. ”

“Pit bulls are dangerous dogs. We have two daughters in junior high school and are very worried. Do you have recommendations on how to react if it appears we could be attacked by the dog?” Thanks, Margaret.

We phoned our reader, and spoke with a family who reflected the commonly held belief that pit bulls are inherently dangerous. But when animal control officers are asked about pit bulls, a very different picture emerges.

“Pit bulls get a bad rap. I love pit bulls,” Animal Control Officer Amanda Uthoff of the Hanford Police Department told You and the Law. “There is no scientific evidence that any one breed of dog is more likely to injure a human being than another kind of dog. Any dog has the potential of being dangerous, but the media tends to exaggerate and blow things out of proportion when a pit bull is involved.

“While they were bred for fighting, the breed appears to be reverting to where it was in the 1700s, as a nanny dog, watching over children and protecting families.

“They are wonderful dogs and very loyal, but in the wrong hands, a pit bull has no chance.”

HPD Capt. Parker Sever agrees:

“In many cases, you can trace the dangerous tendencies of most any dog, including pit bulls, to the owners. Angry, anti-social or dysfunctional people communicate the wrong things and often refuse to maintain proper enclosures, and when the dog runs loose, this can spell trouble for anyone nearby. That could easily be the situation your readers are in, evidenced by the screaming from next door. For that reason, they need to contact law enforcement when that dog gets out.”

Keep your distance

You and the Law presented Uthoff with a common situation:

“I walk outside to get the newspaper or perhaps am about to get into or out of my car. My neighbor’s dog is on my driveway, growling and barking loudly, its tail pointed straight and not wagging.  What should I do?”

She provided the following recommendations, and it is no exaggeration to consider this as life-saving advice:

• Go back into your house or, if you are in your car, stay there.

• If at all possible, do not turn your back to the dog as this is a green light for it to consider you prey and weak. A threatening dog running loose isn’t man’s best friend.

• Do not make eye contact with the dog. As a prey-driven animal, it could feel challenged or threatened by your staring, and that’s all that it takes to be attacked.

• You cannot outrun most dogs. If you start to run — especially if there are multiple dogs running loose — animal instinct takes over, sees you and the chase is on. But this is no game of “fetch the ball.” People doing nothing more sinister than going out for a walk have been mauled to death by trying to outrun a dog.

• While admittedly difficult to do, experience has shown that your own body language can send a powerful, reassuring signal to the dog by simply standing where you are, avoiding eye contact, and beginning to back off. The dog will likely conclude that you are not a threat and move along.

Self-defense tools to consider

Uthoff and Sever strongly feel that it is important that joggers, folks out for a walk or bicycling realize that the risks of being bitten are real. Last year set a record for more than 5 million dog bites, with close to 1 million requiring medical care.

“For these reasons, law enforcement agencies recommend becoming familiar with the self-defensive tools on the market. Some of the most effective, non-lethal, inexpensive and easy to use are Mace and pepper and citronella spray,” Uthoff advises.

In addition to chemical deterrents, there is an entirely different class of dog deterrents: hand-held devices which emit ultra-high frequency sound waves dogs find tremendously irritating.

Last year in reviewing the Dazer II Dog Deterrent — used by many FedEx drivers — out of nowhere appeared a charging rottweiler, who evidently wasn’t a fan of this column. One push of the button stopped the advancing hound instantly.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“An animal control officer just handed me a barking dog citation and made it clear that if we do not resolve the situation, we will be hit with large fines and neighbors could file a lawsuit to have our three dogs taken away.

“Mr. Beaver, I am really sick of this. First, neighbors calling us for months, complaining about the dogs, and now this animal control officer shows up. I do not know whose dogs they are talking about, because when we are home, we just do not hear the same things.

“Do you have any recommendations? Thanks. Hector.”

Difference between hearing and listening

Could it be that Hector is correct, and that his dogs aren’t the ones disturbing the neighbors? It’s not likely, but in researching this story, we found that it is indeed possible to be unaware of the problem and not simply “in denial.”

You and the Law discussed these issues with Hanford veterinarian Dr. Lee Fausett, Capt. Parker Sever and Animal Control Officer Amanda Uthoff of the Hanford Police Department. All three agree that many pet owners do not know their dogs are a nuisance, “because the barking takes place when they are away or at work, which we see quite often,” Sever observes.

“However, there is another extremely interesting reason why dog owners can easily be unaware of their dogs constant barking, even if it occurs while they are at home,” Fausett points out.

“It is all about the difference between hearing and listening. All of us are able to concentrate on a conversation or activity in a noisy environment. While we physically hear voices or noise around us, our brain suppresses the unimportant sounds, so that we are not actually listening.

“So, just like with a family of noisy kids, mom and dad are able to maintain a conversation because the brain tunes out their kids. For dog owners, the brain tunes out the dogs.

“This is why it is so important to realize that if your neighbors call or drop by, asking you to please do something about the barking, you have to assume they have a valid reason to complain. After all, who wants to approach a neighbor with a complaint?

“It’s The Golden Rule — dog owners have a duty to respect their neighbor’s right to peace and quiet. And blocking their phone number — making it impossible to be informed of the barking once again — well, this is certainly not mature at all,” Fausett maintains.

Barking often goes on a long time before complaining

“It is difficult to be neighborly when, over months or weeks, you have put up with nonstop barking, but have not complained, hoping that it will get better. Now you’ve got one very upset neighbor, pounding on the dog owner’s front door.

“These situations can get ugly, and for that reason we suggest not hoping that it will just go away, but to promptly and politely speak with your neighbor and contact Animal Control,” Sever recommends.

What is excessive barking?

“While it is normal for all dogs to bark,” Uthoff  observes, “it is not normal for a dog to continuously bark or howl. If not warning of some danger, referred to as protective barking, but continually barks all day or all night long — this is termed annoyance barking.

“Barking continuously for over 15 minutes in an hour — for no apparent reason — followed by a brief silence and then more barking, is legally termed excessive and can result in a citation being issued. While the breed of dog has an impact on the degree of barking, we know that if most of the dog’s needs are met, annoyance barking will be fairly minimal.

“There is a reason why dogs constantly bark. Often they lack sufficient food, water, or they are lonely, having been ignored by their owners. We have found that when an owner simply takes the dog for a walk that this will often be a remedy.

“One of the most troubling things we see when verifying excessive barking is to discover an owner who doesn’t care about his pets or neighbors and is completely aware of the barking problem. We see so many innocent little creatures so badly treated by their owners,” she added.

Capt. Sever wants dog owners to understand that when Animal Control shows up, “There is a problem and we want to help you. We do not want their dogs. We do not want to take them.”

While dogs are often considered as members of the family, one must never forget that they are animals with the potential of causing great harm. Next time: How not to react when faced with a growling dog.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post I just got a barking dog citation, but it’s not my dog! appeared first on Dennis Beaver.

Last week we began our look at pet oral hygiene clinics, typically held at grooming facilities by people who, according to The California Veterinarian Medical Board and California Department of Consumer Affairs, perform illegal dental procedures.

First, the State of California does not recognize the title “pet oral hygienist” and believes the use of this term is misleading. Second, pnly a veterinarian may use motorized or sharp scalars — required to get under the gum — for proper plaque and tartar removal.

“It is medically impossible to perform an adequate cleaning without these instruments.

It is, however, legal to brush an animal’s teeth, to use gauze, floss or toothpastes, and anyone — including pet owners — may do so. “But this is not sufficient,” maintains Dr. Lee Fausett of the Hanford Veterinary Hospital.

As the following story illustrates, a visit to a “pet oral clinic” may indeed give you back a dog or cat with pretty teeth — and a life-threatening oral disease.

But Mr. Wiggles never complained

For years, Sylvia took her 10-year-old  pooch, “Mr. Wiggles,” to a Los Angeles pet groomer every few months for hair trimming and “an all-around appearance tuneup.”  This included teeth cleaning and polishing when the groomer would hold oral hygiene “clinics,” returning “a lovely mutt with gleaming teeth,” our Porterville reader stated.

“But about a year ago, I noticed that Mr. Wiggles seemed to be less hungry than normal, began to lose weight, was chewing in an odd way, which was pointed  out to the groomer, who told me that it was normal for an aging dog to show that kind of eating behavior and to just give him soft food.”

This was nonsense, but Sylvia didn’t know it. In fact, her dog was in horrible pain, and very ill, but Mr. Wiggles “never seemed to complain, he never cried or gave any indication that things were not normal.”

Sylvia would soon learn what countless other pet owners discover about how dogs and cats react when in pain. But first, things had to get much worse.

“When we detected his very bad breath, and our normally affectionate dog wanted nothing to do with anyone, we took him to a veterinarian, and were astonished to learn that he had a mouth filled with rotting teeth, had horrible gum problems, as well as a nasty abscess! The vet had to extract several teeth, put him on strong antibiotics, but a few weeks later, our very own Mr. Wiggles was himself again.

“The vet explained that for a very long time, untreated gum disease caused terrible pain, systemic infection, and that the groomer obviously didn’t notice or care.”

“All it would have taken was for your groomer or his so-called dog hygienist to just examine the mouth carefully — if they even knew what to look for! White teeth is no assurance of good oral health,” the doctor noted.

“Now, we tell our friends to take their dogs to a real vet for dental care. But the strangest thing was that we did not realize our dog was in pain. We all feel so guilty, and are lucky he pulled through. ” Sylvia told us, cute little Mr. Wiggles in her lap, a happy pooch generous with licks — and we got several!

A very common, sometimes deadly story

“Your reader was lucky,” Dr. Fausett told You and the Law.

“Animals by instinct, when in pain, do not draw attention to themselves. Even in a pack, an injured dog remains quiet so as to not become prey, a target, revealing weakness.

“There are case studies showing that cats and dogs can be very good actors, hiding illness and pain, trying to appear as normal as possible, and this makes it difficult for pet owners to know what’s really going on.

“So, it’s when eating or other behavior has changed,  you need to assume something is wrong and take action,” added Dr. Rhett Swasey, who practices veterinarian medicine with Fausett at the Hanford Veterinary Hospital and seconded Fausett’s comments:

“White teeth — a dog’s or our own — does not mean healthy teeth or gums. And it is medically impossible to do a proper job of teeth cleaning unless you can get under the gum, scrape away the plaque with appropriate ultrasonic or mechanical means, all of which requires being licensed by the state. The absolute majority of these grooming facilities are not licensed to perform services which a vet is licensed to do,” he stressed.

“A good groomer is part of a team, and should keep owners informed of their dog’s general health.  But groomers must also know their limits and stay away from performing services — such as illegal forms of teeth cleaning,” Swasey and Fausett both firmly maintain.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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