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  1. #21
    Join Date
    Jan 2006

    Default Re: Animal Control Duties

    Quote Quoting llworking
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    The fact that you think that there is any circumstance where it could be valid for an ACO to remove a pet from someone's home, take it to a dump and shoot it is disturbing, to say the least.

    Dispatching an injured, wild animal is one thing. Dispatching someone's pet without due diligence is completely another. No ACO is qualified to determine whether or not a pet can recover.
    What the hell are you even talking about? If you’re going to comment on what I write, at least read it first. Apparently you missed this;

    I don’t disagree that the animal should have been taken to a vet or impound where the animal could be examined to determine if it was able to be saved.
    I said apparently the powers that be don’t have an issue with what this guy has done.

    You have basically repeated what I said about the qualifications of the aco to determine he health of a domestic animal.

  2. #22

    Default Re: Animal Control Duties

    There was a local vet involved for the last 4 months. He recommended surgery. It was a fast growing tumor. The dog was on antibiotics. Owner is working but minimum wages and barely squeaking by, She contacted other vet who was helping her raise money to have the tumor removed. According to local vet and other vet, they suspected mammary tumor. On the day the ACO took the dog, the owner was to have a video call with the other vet. Depending on that she was going to have the surgery (which they had raised the money for) or return to her local vet to have the dog humanely euthanized and a proper disposal of the body (not shot in the head by a stranger and dumped in a compost pile). She was not given the choice. The landlord will not tell her anything and because she pressed her for this information, has now evicted her. She still does not know where the picture of her dog that was "supposedly" taken 2 days before ACO picked up. Landlord did tell her that the upstairs neighbors complained of her barking at them. THey are alleged to be selling drugs from the house and the dog barked at all the strange people going in and out. Owner was never informed by anyone as to where or who had her dog on the day it was removed. When she contacted the landlord the landlord told her that ACO had picked up the dog that day and taken it to the local animal shelter. Landlord still will not say if she let the ACO in or if the ACO simply went in on his own. She went to local animal shelter. They informed her that the dog was not there and never had been there. The shelter called county dispatch to get ahold of ACO to see where the dog was. At that point, the ACO told the dispatcher, the shelter director and the owner that he had picked up the dog, shot it and dumped the body in the compost pile. The shelter director told owner that was not the policy he was to follow. That he is to bring all animals he picks up to the shelter They would then notify the owner, if known, that the animal was in their care. If the animal was injured, they would give it care. When the owner contacted the sheriff's department, she was told that no, she could not have the body back, and that the ACO did not report to them. That he was a law unto himself. That he did not always follow proper procedures and policies He did what he wanted, even if not right. And no, they would file no report on him.

    I am told that the Country follows the State codes for animal laws..

    IC 35-46-3-6
    Impoundment of animals; probable cause hearing; penalties; custody; bond

    Sec. 6. (a) This section does not apply to a violation of section 1 of this chapter.
    (b) Any law enforcement officer or any other person having authority to impound animals who has probable cause to believe there has been a violation of this chapter or IC 15-20-1-4 may take custody of the animal involved.
    (c) The owner of an animal that has been impounded under this section may prevent disposition of the animal by an animal shelter that is caring for the animal by posting, not later than ten (10) days after the animal has been impounded, a bond with the court in an amount sufficient to provide for the animal's care and keeping for at least thirty (30) days, beginning from the date the animal was impounded. The owner may renew a bond by posting a new bond, in an amount sufficient to provide for the animal's care and keeping for at least an additional thirty (30) days, not later than ten (10) days after the expiration of the period for which a previous bond was posted. If a bond expires and is not renewed, the animal shelter may determine disposition of the animal, subject to court order. If the owner of an animal impounded under this section is convicted of an offense under this chapter or IC 15-20-1-4, the owner shall reimburse the animal shelter for the expense of the animal's care and keeping. If the owner has paid a bond under this subsection, the animal shelter may euthanize an animal if a veterinarian determines that an animal is suffering extreme pain.
    (d) If the owner requests, the court having jurisdiction of criminal charges filed under this chapter or IC 15-20-1 shall hold a hearing to determine whether probable cause exists to believe that a violation of this chapter or IC 15-20-1 has occurred. If the court determines that probable cause does not exist, the court shall order the animal returned to its owner, and the return of any bond posted by its owner.
    (e) Whenever charges are filed under this chapter, the court shall appoint the state veterinarian under IC 15-17-4-1 or the state veterinarian's designee to:
    (1) investigate the condition of the animal and the circumstances relating to the animal's condition; and
    (2) make a recommendation to the court under subsection (f) regarding the confiscation of the animal.
    (f) The state veterinarian or the state veterinarian's designee who is appointed under subsection (e) shall do the following:
    (1) Make a recommendation to the court concerning whether confiscation is necessary to protect the safety and well-being of the animal.
    (2) If confiscation is recommended under subdivision (1), recommend a manner for handling the confiscation and disposition of the animal that is in the best interests of the animal.
    The state veterinarian or the state veterinarian's designee who submits a recommendation under this subsection shall articulate to the court the reasons supporting the recommendation.
    (g) The court:
    (1) shall give substantial weight to; and
    (2) may enter an order based upon;
    a recommendation submitted under subsection (f).
    (h) If a person is convicted of an offense under this chapter or IC 15-20-1, the court may impose the following additional penalties against the person:
    (1) A requirement that the person pay the costs of caring for an animal involved in the offenses that are incurred during a period of impoundment authorized under subsection (b).
    (2) An order terminating or imposing conditions on the person's right to possession, title, custody, or care of:
    (A) an animal that was involved in the offense; or
    (B) any other animal in the custody or care of the person.
    (i) If a person's right to possession, title, custody, or care of an animal is terminated under subsection (h), the court may:
    (1) award the animal to a humane society or other organization that has as its principal purpose the humane treatment of animals; or
    (2) order the disposition of the animal as recommended under subsection (f).

    IC 35-46-3-12
    Torture or mutilation of a vertebrate animal; killing a domestic animal

    Sec. 12. (a) This section does not apply to a person who euthanizes an injured, a sick, a homeless, or an unwanted domestic animal if:
    (1) the person is employed by a humane society, an animal control agency, or a governmental entity operating an animal shelter or other animal impounding facility; and
    (2) the person euthanizes the domestic animal in accordance with guidelines adopted by the humane society, animal control agency, or governmental entity operating the animal shelter or other animal impounding facility.

    City Coe is as follows and they do follow it.

    Sec. 6-34. - Impoundment.

    Animals found in cruel, abusive or neglectful situations, animals trained, bred or kept for the purpose of animal fighting, animals considered dangerous, animals abandoned as a result of owner arrest, or animals that have been abandoned may be promptly seized, provided, however, that the animal control officer shall leave written notice.
    Animals so removed will be impounded and held at the animal shelter or a facility designated by the animal control officer, provided, however, that in no event shall this period exceed five calendar days, at which time the animal shall become the property of the animal shelter. An animal may be held longer if an extension is necessary for the animal control officer to have ample time to prepare a court case if prosecution is warranted, or a request for extension is authorized by the animal control officer. In the case of animals impounded for quarantine at the animal shelter, the animal will become the property of the animal shelter if not claimed by closing time of the animal shelter on the eleventh day of the quarantine. Owners of quarantined animals failing to claim animals at the end of the quarantine period will be responsible for all medical, quarantine and euthanasia fees.
    Animals impounded for reasons of tragedy beyond the control of the owner, such as, but not limited to, house fire or death of the owner, will be held for seven calendar days, during which time a reasonable effort will be made to contact the owner and/or their representative to make reclaim or alternative housing arrangements. After the seventh day of impoundment, the animal(s) will become the property of the animal shelter.

    This ACO has had no formal training in animal care. He is a farrier by trade. He used to pick up wildlife for the DNR. But after so many complaints on his treatment of the wildlife, he is not longer allowed to do so by the DNR. He used to be a part of the Sheriffs Department but after repeated issues with him, they kicked him off the force. He is not suppose to carry a gun. He can have one on the vehicle, but not on his hip.

    The commissioner are part of a good old boys network and the ACO is one of the good old boys

  3. #23
    Join Date
    Nov 2015
    47.606 N 122.332 W in body, still at 90 S in my mind.

    Default Re: Animal Control Duties

    This was hashed out pretty thoroughly in the OP's last thread.

    This issue either is or isn't under investigation by the state (there is conflicting info between the Op and one of the other posters on the thread) and that may or may not lead to charges or the termination of the ACO.

    This was brought to the attention of the local media who published a piece about it and it seems that there was little fallout from it.

    At this point there is nothing that the OP can do other than escalate the issue, which may or may not work, or let it be. Alas, there is no way for the OP to compel the county to terminate the ACO so she can either live with it and grumble about it or continue to try to make waves with no promise of a satisfying resolution.

    As Mick Jagger sang: You don't always get what you want...
    "Where do those stairs go?"
    "They go up!"

  4. #24

    Default Re: Animal Control Duties

    Not my issue now. Someone asked for the animal control laws so I put them in here. In commissioners hands. Owner will have to decide if she wants to press charges on the landlord. I am done asking my questions. THank you all very much. If anyone wants to know the outcome, please email me.

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