Page 26 - Sonoma County Gazette February 2020

DEAR READERS: Do you have a legal question on your mind? If so, please email me at debra@newbylawoffice.com. Your name will remain confidential. This Q & A Legal Column is intended as a community service to discuss general legal principles and does not create an attorney-client relationship.
Dear Debra: Did you hear about the woman who was walking along the Graton trail when her little dog was brutally attacked and killed by another dog (apparently the attacking dog escaped from a nearby yard). What legal rights does that poor woman have? Signed: Agitated-Annie
Dear Annie, Yes, I did hear about it, and was shocked by the horror that the woman must have experienced. My sympathies go out to her. Frankly, it is hard to muster much sympathy for the attacking dog or its owner(s), especially if the deadly attack was not the first sign of aggressive canine behavior.
Regulation of such aggressive animal behavior falls within the jurisdiction of our Sonoma County Animal Services. You can report inappropriate animal behavior to the County by calling 707-565-7100, or check out their website at sonomacounty.ca.gov/Health/Animal-Services.
By Vesta Copestakes
Cats have a way of finding people who love felines. Stand in front of the
Once reported, an investigation will be conducted by an Animal Control Officer. If sufficient evidence exists (and the injured party is willing to testify) a hearing is set before a Judge, after proper notice to the Dog Owner. Animal Control will also look at “mitigating factors”, such as whether the animal was provoked or whether the injured party was trespassing. If the Owner cannot confine the dog(s) or if the dog bit someone as a stray, the dog will be impounded while awaiting “trial”. The Dog Owner always has the option
of making an independent decision that the dog is a public threat, and can choose to euthanize their own pet.
cat food shelves in any supermarket and share a comment about how finicky your cat is...then wait. It’s a sure-fire conversation-starter.
It’s hard to say when I became a cat person. One showed up at my
door and the love affair began. They are small, clean, soft, and they purr. Amazingly quiet animals they slide noiselessly across a room to suddenly appear on the newspaper you are reading, or the desk where you are working. Crawl into bed and one will lie against you, or on an especially cold night, find a place between your legs. A Universal Truth for cats is that if you sit on the toilet, your cat will come to share time with you.
Evidence will be presented at the hearing, and the Judge has the ultimate authority to designate the animal as either “potentially dangerous” or “vicious”. If the dog is designated as “potentially dangerous”, the Court may order the Dog Owner to comply with certain conditions, such as proper licensing and vaccination, keeping the animal indoors or in a secure enclosure, and requiring a “substantial leash not exceeding 6 feet” if the animal is off-premises. The animal is also placed on a “potentially dangerous” list kept by the County, unless the animal dies or 3 years pass without the animal engaging in dangerous behavior.
My most recent acquisition came when my precious MayMay of 23 years faded away to a mere ghost of her former self. I knew another cat would sense the void and yes, within a week or so I looked across the street, and there was a calico looking back at me.
“Are you my new cat?”
Within weeks my neighbor said...“Do you know about the kittens?”
If the animal is deemed to be “vicious”, legal remedies might include that the animal be “humanely destroyed” if the release of the animal creates a significant threat to the public health, safety and welfare. “Vicious” animals may not be kept on premises where minor children reside, plus the Owner must maintain at least $100,000 in liability insurance. Lastly, any animal found to be “potentially dangerous” or “vicious” must be sterilized and have a microchip implanted. If the animal is found unattended, it may be euthanized.
Tiny flashes of white, and one black, darted out from under her deck, tentatively squinting their eyes at the bright sunlight. As they got larger they got braver and I started feeding them. I called Forgotten Felines to ask how old they need to be to get spayed and neutered. 4 pounds.
In the mean time I spoke with neighbors...do you want a kitten? Mild interest ensued but not enough interest to make friends and choose one to take home. I rather liked how they played with each other and stayed close. This
is family with no competition for space or food. They all share with grace. No one seemed to be fighting for top cat. Just harmony. Mom, Sasha, was clearly in charge so they didn’t need to identify who was #1. It was a given.
To own is dog is a HUGE responsibility. State law requires that all dogs be licensed (in SoCo, only $27 if the animal is spayed or neutered; 50% discount for seniors). Licensure for unaltered dogs is slightly higher ($104). Contact Sonoma County Animal Services for licensing. Also, given the fact that most rabies-carriers are bats, raccoons, and skunks (critters which are prolific in SoCo), don’t hesitate--vaccinate. Do the right thing—License and Vaccinate your dog.
I got traps from Forgotten Felines and started feeding all the cats in the traps while they grew large enough for the journey to Santa Rosa. They became accustomed to eating in the traps so I planned the day when I could get all 5 into 3 traps at one time. I rigged up orange juice bottles that held open the trap doors, stood way back with strings in my hand and waited.
What happened on our local walking trail is a tragedy. I hope the Dog Owner(s) step-up and take individual responsibility. “Nothing strengthens judgment and quickens the conscience like individual responsibility”, as noted by Elizabeth Cady Stanton, a 19th Century social rights advocate.
The moment came and I pulled the strings...bang! Instant scared cats. But I had been trained by the best, my friend Kate, a longtime FF volunteer. Put a cover on the cage and they will become quiet.
Months later my family of cats is happy, healthy, and getting used to me. I have fantasies they will be coming inside by next winter. I am grateful for Forgotten Felines. Cat by cat they are reducing the number of cats suffering without homes. If only it was this easy to help humans as well.
Debra A. Newby resides in West Sonoma County and has practiced law for 38 years. She currently maintains an active law office in Santa Rosa which emphasizes personal injury law (bicycle/motorcycle/
motor vehicle accidents, dog bites, trip and falls, etc.). debra@newbylawoffice.com or 707-526-7200.
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