# Is this legal?



## domo (Oct 11, 2009)

Alright so next door there is a dog that always barks and sometimes cry's and we could see that it had no shelter and hardly has water/food. Its a little Chihuahua Dog. So what we did is went over the fence and got the dog. When we got the dog it smelled very bad so we took it a bath. We have already called the animal rescue people 1 month ago but they didn't do anything.

Right now we have the dog but what do we do? Do we go to a animal shelter or do we report it as neglect or something?


----------



## Cracker (May 25, 2009)

Technically no it's not legal. You have removed "property" from your neighbours yard. 

What are the animal abuse/neglect laws in your area? Where are you?
I would call AC again and see what you can find out. I don't know what your relationship is with your neighbours but you may have just opened a very large bag of worms (not that I would have done anything differently...but you may be in big trouble here). 

Have you talked to the neighbours about the dog before? What did they say?


----------



## BU12R (Oct 11, 2009)

I think you should have left the poor dog there and call animal cops. They can get papers and stuff and take the dog and find it a good home. That's what I would have done.

What if you just keep the dog? Aparently you love dogs, so why not give this one the loving home you have?
I hope you decide something for the little pup!


----------



## lulusmom (Nov 12, 2008)

If my dog was missing, I would be knocking on my neighbors' doors. If your neighbor hasn't asked you if you've seen their dog, then what does that tell you? I would have done the same thing in your place because I know first hand how long it takes for the humane society, aspca and/or other local authorities to act on complaints of animal abuse. You apparently reported a problem to somebody a month ago with no resolution and that is the norm these days as most agencies are woefully understaffed. I personally would not return the dog to the neglectful owner but I also wouldn't keep the dog right under the neighbor's nose. If you don't have a family member or a friend that may want a new family member, try calling a Chihuahua rescue or small dog rescue and tell them your story. They may be very willing to take the dog. I work in small dog rescue and we decline any prospective adoptors if they openly admit to keeping their best friends outside and/or a home check reveals evidence of this. Keeping them outside without shade, shelter food and water is absolutely inexcusable and I'd go to jail before subjecting a dog to that form of abuse again.


----------



## DJsMom (Jun 6, 2008)

Do you know how long the dog is left outdoors at a time? My dog goes out, does his business, & if I dont stay out there with her she barks to come back in & will keep barking until I let her in, which can some times be a few minutesl. 
I hope no one will ever turn me in for not having food outdoors for my dogs - I don't free feed my dogs & if I did it wouldn't be outdoors anyway. 

Has this neighbor not even inquired about his dog? Perhaps he's posted "lost" notices?


----------



## Labsnothers (Oct 10, 2009)

See if you have anybody from www.dogsdeservebetter.org in your area. Local knowledge and experience count.


----------



## Hallie (Nov 9, 2008)

Legal? No. Right thing to do? Yes. If the neighbor isn't even looking for the dog then I'd rehome the dog or keep it. It sounds like the owner doesn't give a hoot and the AC isn't doing much. Since the owner doesn't care much, why don't you talk to him?


----------



## RonE (Feb 3, 2007)

The approval of dogforum members won't help you if you're charged with theft.

It's unlikely any of us will be on the jury.


----------



## tw1n (May 12, 2009)

RonE said:


> The approval of dogforum members won't help you if you're charged with theft.
> 
> It's unlikely any of us will be on the jury.


He didn't ask for approval, he asked if it's legal LoL. 


Stealing is not legal, but you can only get in trouble if the owner of the stolen property cares enough to try and retrieve the stolen property.


I do hope that you haven't gone 3 days without an update because got arrested. 

Also, given the situation, you wouldn't really get in much trouble. No ones going to fight for their dog back and risk letting out they abuse the animal.


----------



## RonE (Feb 3, 2007)

> He didn't ask for approval, he asked if it's legal LoL.


He didn't ask for it, but what he got was a lot of, "It's illegal, but way to go anyway."

There are lots of things I'd like to do that would probably meet with general approval but would also subject me to legal consequences. For example, if someone came into my yard and stole my dog (rather than alerting authorities, if they thought I was abusing or neglecting the dog) I'd be tempted to take some drastic action.

For what it's worth, I DID snatch a dog from a neighbor's yard during a sever thunderstorm years ago. The dog had no shelter and was on a short chain. The owners refused to answer the door, though I could see them through the window. 

So I snatched the unfortunate lab and called the authorities immediately afterwards. 

We can't recognize laws when they suit us and ignore them when they don't.


----------



## Max's Mom (Feb 24, 2009)

Yes, it is illegal. I'd offer them a few bucks to take the dog off of their hands. If they don't take the deal I'd call animal control daily. In my area you can get a hefty fine for a barking dog. This might encourage them to rehome the dog. Good luck.


----------



## lulusmom (Nov 12, 2008)

Max's Mom said:


> In my area you can get a hefty fine for a barking dog. This might encourage them to rehome the dog. Good luck.


You're very lucky to have such a responsive animal control agency, especially in this economy. In So Cal, it takes an act of God to get animal control on the job. I have a friend whose back neighbor moved out a month ago and abandoned their four dogs. The dogs howl all night long and would have died of starvation already had my friend not been giving them food and water. She has called animal control numerous times, sent letters as instructed and just received a letter back stating they would be sending the owners a letter Well duh!!! The owners are gone. Ridiculous!!!!!


----------



## TxRider (Apr 22, 2009)

I would walk over and ask if they wanted the dog or could I take it.

Otherwise it is theft, a crime, to take it.


----------



## beccahacom (Dec 9, 2009)

I wonder if everything is ok? hmm I guess we wait. 

on a side not i have a neighbour with a dog that is chained and barks all night and i Have called animal control they came they left and the dog is still there... and the owner got pissed and asked us to come talk to her if we should have again... dog was off chain for bit and now back on 5-6 ft chain on concrete in own feces but i don't want to get into a neighbour fight either ... and the dog is scary to me only because i don't know his temperament


----------



## briteday (Feb 10, 2007)

This is the first and only post by the OP. May not be back.


----------



## gizmobaby (Apr 30, 2007)

I think when we see an abused dog, we are prone to quickly taking an action preventing any measures of harm towards that dog. However, since the dog is within the confines of the person's property, you are doing something illegal; which, may or may not, be towards the benefit of the dog.

Worst scenario: Neighbor finds out. Neighbor reports you for theft. You get fined (and if you're above 18, that's not something you want to show when you apply for a job), and the neighbor gets their dog. Lose-lose situation.

Depending on your state, I have seen once on an Animal Cops show that if a dog runs away from the property (meaning, it is loose outside), you can consider it a stray and take it in. So best bet for doing something legal is if the dog strays from its home and you can prove it (bad fence, videotaped, etc.), and from there, it'd be easier for the process of releasing the dog from their confines.

Or I guess if you really want to be daring, but I highly don't suggest, you could just follow through with it and find it a different home. I'm just kind of iffy of the situation though, because unless you recorded the activities of the animal for a long period of time that shows it has been neglected by the owners, you never know what the situation may be. Some animals are placed outside for awhile, and then they are brought inside at a later time. Reasons could be that the owner works for long periods of time? (Of course this is kinda stretching it, but you know what I mean)

I agree with what RonE said though. We are not your true jury, but we are just a community of dog lovers. It just really depends if you want to take that risk. I also agree with other people say. If your neighbors don't notice, then you might actually be okay.


----------

