For some New Yorkers a dog or cat just won’t do

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For some reason, some New Yorkers insist on taking pet ownership to another level. A dog or cat just won’t do. Gerbils, hamsters, ferrets or birds don’t cut it, either.

These New Yorkers only go for unusual pets — whether it’s illegal to have them or not. And in most cases, it is.

Life in the concrete jungle

According to a recent New York Post article, the city has responded to nearly 400 exotic animal complaints since January 2016.

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In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic

Most of the complaints (more than 150) were about people keeping roosters in the concrete jungle. There were 36 complaints about snakes and 30 about turtles.

In one case, a Queens man came to the city’s attention after his neighbors reported that he had roosters.

The man, Mark Singh, denies he did anything wrong, however.

“You feed chickens and they give you eggs. So why not keep chickens?” he wondered. “ One of my neighbors nursed baby raccoons for two years — and they have rabies,” Singh told the Post.

In another case, city health inspectors responded to a report of a Staten Island man who was allegedly keeping venomous snakes as pets. The accused, Gregory Johnson, said he had a permit to keep them.

“The city’s Health Code forbids keeping any animals that are “naturally inclined and capable of inflicting harm” on humans. Rooster keepers face fines of $1,000,” the Post reported.

Exotic pet complaints — by the numbers

According to the Post, the number of reports about illegal pets made to a New York City tip line made from January 1, 2016 to date is roughly the same as those made during the same time period for 2015-2016.

However, there have been more complaints in the Bronx and Queens, and fewer complaints in Manhattan, Brooklyn and Staten Island.

In addition to banning potentially harmful animals, the city’s Health Code identifies illegal pets as “any native or exotic wildlife whose possession or sale is prohibited because they are designated as protected or endangered pursuant to any federal, state or local law, regulation, or rule.”

Any animal classified as an illegal pet by the New York Health Department “cannot be sold, given, received, kept, harbored or exhibited in New York City” unless they are kept in an approved facility.

Some of the animals that can be kept as pets include dogs, cats, gerbils, hamsters, guinea pigs, domesticated rabbits and fowl or small birds such as parakeets, parrots, canaries and finches. However, it is only legal to keep these animals as pets as long as “possession of the animal is not otherwise prohibited by law, including federal, state and local laws regulating domestic animals and livestock or protecting wildlife and endangered species.”

For more information about illegal pets in New York city, click here.

Who says cops don’t have a sense of humor?

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A pig dressed like a cop. Now there’s something you don’t see every day. Even in New York City.

So it shouldn’t come as a surprise that a recent sighting of one generated a lot of attention. It even made the news.

Black and white photograph of New York Police Department barriers taken by Alexandra Bogdanovic
NYPD barriers. Photo by Alexandra Bogdanovic

As News 4 reported,  the little pig spotted by the Apple Store in Soho “belonged to a young woman,” and its outfit “seemed fit for purpose, with utility pockets and identifying badge.”

Apparently some bystanders — including some of New York’s Finest, — enjoyed meeting the little guy.

Witnesses told the media that  the NYPD officers “were amused by the curly-tailed member of the force.”

“They were all laughing,” one witness said.

“There were lots of people entertained by this little piggy.”

The letter of the law

It’s a good thing the officers had a sense of humor. After all,  having a pet pig is against the law in New York City. It’s also illegal to keep sheep, goats and “most farm animals” as pets in Gotham. City regulations also prohibit the ownership of:

  • Venomous spiders including but not limited to tarantulas and black widows
  • Various monkeys and apes
  • Large/predatory birds
  • Various large and venomous snakes including vipers
  • Various types of lizards
  • Various reptiles and amphibians
  • Wild/predatory dogs and cats
  • Squirrels, racoon and bats
  • Venomous insects

In other words, you can’t keep a wild, exotic, or potentially dangerous animal as a pet in New York City. And with good reason.

Some people just don’t get it…

But some New Yorkers just don’t get it. Or if they do, they don’t care.

According to published reports, the city’s Health Department issued nearly 300 tickets to offenders in one five-year period.

Administrative judges preside in cases when New Yorkers accused of keeping banned pets choose to fight the tickets. And many do. But losing can be costly, with fines ranging from a few hundred bucks to a few grand.

Of course, we all have choices. But as far as I’m concerned, it’s always better to be safe than sorry.

ASPCA vet offers insight into forensic veterinary science

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Alexandra Bogdanovic
Founder/owner of In Brief Legal Writing Services, Alexandra Bogdanovic. Photo by N. Bogdanovic

Sometimes, the most interesting information on the Internet can be found in another blog. So when I came across this Q&A on the American Society for the Prevention of Cruelty to Animals (ASPCA) website, I thought it was definitely worth sharing.

In the post, the ASPCA’s director of veterinary forensics shared a glimpse into the world of forensic veterinary science and explained its importance.

Animal CSI

I suppose you could think of it as crime scene investigation in animal cruelty and similar cases. Of course, that’s not what Dr. Rachel Touroo said. But I think it’s the best way to sum up what she does.

Here’s how she explained it.

“A Forensic Veterinarian’s job is to identify, collect and assess evidence from animals and their environment.  I use veterinary medical knowledge to put together the pieces of a puzzle to try to answer the questions asked of me by law enforcement and the courts in an unbiased and objective manner.”

Because her responsibilities are so varied, Touroo said she faces different challenges every day. One day she might be in the lab, the next day she might be in the field and the day after that she might be teaching.

“Frequently, I can also be found in my office drafting a forensic veterinary statement of my findings from the latest case, or in a classroom teaching third-year veterinary students how to look for signs of intentional cruelty,” Touroo said. “I’m also called upon to testify as an expert witness in cases across the country.”

Rewarding and important work

Touroo has a background in “animal welfare” and got involved in forensic veterinary science when she took a brand new job in Virginia. As she recalls, the state needed a veterinarian to “specifically address puppy mills and animal fighting in the state due to recent undercover puppy mill investigations and a highly publicized dog fighting case.”

“I had no idea what veterinary forensic sciences was when I accepted the position, but I quickly found myself immersed in the discipline,” Touroo said.

For Touroo, the work is rewarding and important. Citing the link between violence committed against animals with violence committed against people, Touroo says by doing her job properly she can not only prevent further cruelty to animals but keep people safe, too.

“While I love what I do, it is disheartening to know this job is necessary. I choose to focus on the impact we have and the positive outcomes. It’s incredibly uplifting to see an animal rescued from abuse and neglect find a loving home,” Touroo says. “If I had my way, I would put myself out of work, but until that time comes, I’m proud to be a voice for these victims.”

Federal appeals court sides with New York City on pet law

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By siding with New York City regarding a 2015 law that restricts pet sales, the U.S. 2nd Circuit Court of Appeals took a big step towards protecting dogs, cats and their owners.

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In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic

According to recent reports, the law opposed by the New York Pet Welfare Association “said pet shops could only obtain dogs and cats from federally licensed breeders with clean recent animal welfare records, and could not sell dogs and cats at least eight weeks old and weighing two pounds unless they were sterilized.”

Proponents say the law promotes the sale of healthy dogs and cats. By stipulating that pets are spayed or neutered before they are sold, it helps ensure that they don’t add to the number of unwanted dogs and cats in the city by having puppies and kittens.

Two for two

The New York Pet Welfare Association (NYPWA) — which represents those most affected by the measure — has voiced strenuous objections, however. Specifically, it claims the 2015 law “unconstitutionally burdened commerce by favoring in-state animal rescuers and shelters over out-of-state breeders, and was pre-empted by state veterinary medicine laws.”

At the end of a 29-page document in which he summarized and analyzed the arguments made by both parties, Judge Edward Korman found the New York Pet Welfare Association’s claims lack merit.

“The Sourcing and Spay/Neuter Laws address problems of significant
importance to the City and its residents. It appears that the City has enforced them for more than a year, with no apparent ill effects,” Korman wrote. “Because the challenged laws are not preempted by either state or federal law, and do not offend the Commerce Clause, we Affirm the district court’s order dismissing NYPWA’s complaint.”

The U.S. District Court for the Eastern District of New York also sided with the city in a ruling issued two years ago.

Undaunted, the NYPWA is now considering another appeal. In the meantime, as a spokesman for New York City’s Law Department told the New York media, proponents are savoring their second victory.

“We are pleased that the court upheld this common sense legislation, which helps ensure that cats and dogs are humanely sourced and that consumers can make informed choices when bringing pets into their homes,” Nick Paolucci told Reuters.

Hartford reaches settlement with owners of slain St. Bernard

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Eleven years ago, a couple of cops shot and killed a St. Bernard because it growled at them. And they did it in front of a little girl.

This wasn’t a pit bull or a Rottweiler or a Doberman. It was a St. Bernard. And no, it wasn’t Cujo. It was a family pet. And the cops shot it in front of a little kid.

Alexandra Bogdanovic
Founder/owner of In Brief Legal Writing Services, Alexandra Bogdanovic. Photo by N. Bogdanovic

To me there is no excuse. There is no justification. And there is not enough money in the world to make up for what they did.

But recently, after a lengthy court battle, the Harris family finally got justice for themselves and Seven, their slain St. Bernard.  Specifically, the Connecticut city of Hartford reached a settlement with the family and agreed to pay them more than $800,000, which “includes damages and legal costs.”

To me an apology would have meant more. But in my opinion, a man who is capable of shooting a dog in cold blood isn’t capable of the human decency, much less the compassion and humility necessary to make a proper apology.

Paws up, don’t shoot!

Police claim Seven “growled” and “sprinted at them” when they showed up at the Harris house without a warrant in 2006.

According to news reports, Sgt. Johnmichael O’Hare and Sgt. Anthony Pia went to the residence after a gang member told them that ” two guns were stashed in an abandoned car in the backyard of (Glenn) Harris’ home.”

The officers didn’t find what they were looking for and were about to leave the yard when Seven acted on instinct. That’s when O’Hare shot and killed him.

According to published reports, “Harris’ daughter, who was nearby, claimed she saw O’Hare put the third bullet in Seven’s head, and that he then told her: ‘Sorry Miss. Your dog isn’t going to make it.'”

See you in court

Glenn Harris took matters into his own hands in 2008. That’s when he filed a lawsuit against the officers alleging constitutional violations and intentional infliction of emotional distress.

But as we all know, the wheels of justice turn very, very slowly. In this case it was four years from the time Harris filed the suit until a jury returned its verdict. When it did, it sided with the cops.

Luckily the story didn’t end there.

In 2012, the 2nd Circuit Court of Appeals in New York revisited the matter. And it reached a different conclusion. Specifically, Judge Rosemary Pooler found that the officers did nothing wrong when they followed up on the tip, However she also said they did not have the right to set foot on the property without a warrant.

If only the cops had figured that out in the first place…

This New York law is for the dogs (and cats)

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Technically it’s not a law… yet. At this point, it’s still a proposed law, or more accurately a bill.

Some say that it has little chance of being passed. I say it will be a horrible injustice if it doesn’t.

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In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic

The legislation that I’m referring to is called “Kirby and Quigley’s Law,” and it would punish anyone who hurts or kills a companion animal during the commission of another crime. Punishment upon conviction would be a $5,000 fine and two years behind bars in addition to incarceration for the original crime.

‘Poster pups’

According to media accounts, Denise Krohn, whose dogs were shot and killed when someone burglarized her home last year, “hopes to gain some measure of justice by making her pets the poster pups” for the bill.

“It’s just not right,” Krohn told the New York media. “I don’t care about the TVs and other stuff. What hurts us every day is losing our dogs.”

What makes matters worse for  Krohn is knowing that the perpetrator(s) will likely go unpunished for killing her dogs as things now stand. As the police working the case reportedly told her, “if someone is caught, they would likely get 25 years in jail for burglary, but no additional punishment for killing the dogs.”

On the other hand, if “Kirby and Quigley’s Law” does pass, experts that spoke with the New York media said it would become “one of the toughest animal-cruelty charges” in the United States.

Jim Tedisco is the New York state senator who introduced the legislation in 2012 — long before the burglars that targeted Krohn’s home killed her dogs. His impetus for doing so was another case, in which drug smugglers used dogs to move their product. Although the perpetrators in that case were ultimately convicted on drug charges, they were never charged with animal cruelty.

“Attorneys said it had nothing to do with cruelty, they were just smuggling heroin,” Tedisco told News 4 New York. “What this bill does is make it clear that if you harm a companion animal while committing another crime, you face an additional penalty.”

A reluctant advocate

Passage of the bill is hardly a slam dunk. Critics, including State Assemblyman Joseph Lentol, say it is unnecessary. Existing cruelty laws are sufficient, they maintain.

Krohn begs to differ. She’s reportedly written numerous letters to state lawmakers — and  the retired teacher vows to keep it up until “Kirby and Quigley’s Law” becomes a reality.

“I never thought of myself as an animal activist,” she said. “I just want to do what’s right.”

How a New York story about a big bunch of bull ended badly

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If there’s one thing the NYPD is used to it is dealing with a whole bunch of bull. But this was different.

According to media accounts, a “rogue bull” that recently escaped from a slaughterhouse in Queens, N.Y., led cops on a “wild chase” that ended badly — for the bull.

Footage shot from a TV news helicopter showed just how wily and determined the bull was. Just when it seemed the police had him trapped, the bull managed to elude them. At one point, he dodged an officer who had “jumped atop an emergency response vehicle.” At other times, the bull showed its prowess by “ducking under yellow caution tape” as it “galloped down the middle of a street and onto a sidewalk.”

Black and white photograph of New York Police Department barriers taken by Alexandra Bogdanovic
NYPD barriers. Photo by Alexandra Bogdanovic

I suppose it would be a stretch to call it a “police-involved shooting.” But the animal, who evaded law enforcement and civilians during its mad romp through the Jamaica and South Ozone Park neighborhoods, reportedly had several tranquilizer darts in its flank by the time the chase ended.

The bull was alive when the pursuit ended in someone’s back yard. However, he died while he was being transported to an unknown destination. The cause of death was “not clear,” according to published reports.

The urban jungle

This wasn’t the first time an animal has given the NYPD a run for its money.

“Cows escaped slaughterhouses at least twice last year, in January and April,” according to media accounts. But I’m happy to report that one of those cases had a happy ending. The escapee got a second chance at life when it ended up at an animal shelter owned by comedian John Stewart.

“In December, a white-tailed buck who was granted a last-minute reprieve from euthanasia after a days-long back and forth between the city and state died in Harlem,”  an NBC-TV affiliate reported. “The one-antlered buck died while state officials from the Department of Environmental Conservation were arranging relocation. The city blamed the state for its death; the state blamed the city.”

Leave it to a bunch of politicians to “pass the buck.”

Crime and punishment

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Eli, the In Brief Legal Writing Services mascot.
In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic

So here’s a question for you.

How desperate does someone have to be in order to steal quarters from coin-operated washers and dryers? And how much do you think you could get?

Ok. So that’s really two questions. And yes, I am serious. Someone really did that.

According to published reports, Alisha Russell of Syracuse, NY, allegedly stole more than $14,000 worth of quarters from machines in an apartment complex in upstate New York. Russell, who once worked as the leasing agent at the complex where the thefts occurred was recently arrested on grand larceny charges.

Russell reportedly “had a key to the machines and regularly collected money from them as part of her job.”  Police say she lost her job for unrelated reasons before the investigation into the coin thefts — which occurred over a 10-month period — began.

Hmm…

How much is that little doggy in the window?

In other news, a Long Island man was also arrested on several charges including grand larceny and identity theft last month.

Police caught up with Victor Franco, 23, after he allegedly used a fake credit card to buy a puppy from a Merrick, NY, pet store. And this wasn’t just any puppy. It was a French bulldog that cost more than $3,000. In fact, the grand total was $3,592.21.

At the time of Franco’s arrest, police said the dog “still hadn’t been returned” to the shop, and added that it would be returned if they found it.

Franco also stands accused of using a fake credit card to buy a cell phone worth more than $200.

What is wrong with people?

To summarize, two people in two different parts of New York were arrested on grand larceny charges after they allegedly committed two very different crimes.

In one case, someone allegedly stole $14,000 worth of quarters from coin-operated washers and dryers at an apartment complex in upstate New York. In the other case, someone allegedly used a fake credit card to buy an expensive puppy dog from a Long Island pet store.

All of which leads to yet another simple — but rhetorical — question.

What is wrong with people?

And on that note, have a great weekend everyone…

A belated Valentine’s Day story that will make you smile

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Alexandra Bogdanovic
Founder/owner of In Brief Legal Writing Services, Alexandra Bogdanovic. Photo by N. Bogdanovic

Here’s a belated Valentine’s Day story that will melt your heart — or at the very least, make you smile. And God knows we can all use some good news these days.

With a little help from their friends, some service dogs in training delivered Valentine’s Day gifts to businesses throughout Indianapolis yesterday. Their mission was part of a fundraiser called Puppy Love Valentine 2017, with proceeds benefiting  the Indiana Canine Assistant Network (ICAN).

As Denise Sierp, ICAN’s director of outreach and development told Good Morning America (GMA),The first reaction we get is they think their husband, or whoever gave the Valentine, actually gave them the puppy. Then everybody in the office starts coming out and everybody gets excited.”

In some cases, people are so thrilled that they drop what they’re doing and take time to play with the dogs, Sierp said. Sometimes they even “get on the floor with the dogs and they roll around,” when that happens it is “pure joy,” she added.

A gift that keeps on giving

In addition to getting a chance to play with some truly awesome and adorable dogs, recipients get gift bags containing “cookies, artwork designed by dogs, a heart-shaped candle holder, handmade scarf and greeting cards featuring the ICAN service dogs.”

The prison inmates in the ICAN program who are responsible for training the service dogs also make a lot of the items in the gift bags, GMA reported.

According to Sierp, ICAN’s founder, Dr. Sally Irvin, started the program because she thought it could benefit everyone involved. And it has.

“She saw that it rehabilitated the inmates and provided them with loyalty and trust, which is huge,” Sierp told GMA. “They find freedom in training the dogs within the prison’s four walls.”

Since its humble beginnings 15 years ago, the ICAN program that gives inmates a second chance by allowing them to train the service dogs, has expanded considerably. According to GMA, it now has approximately 50 dogs “in training on a continual basis at the three local prisons, including a women’s prison.”

The easiest and most positive way to turn something around is to give to give back. — Andrew Cole, assistant superintendent of reentry at Pendleton Correctional Facility

As the person in charge of ICAN’s service dog program at a maximum security prison, Andrew Cole has witnessed just how much the program means to the inmates there.

“What we challenge everybody here on is that the easiest and most positive way to turn something around is to give back,” Cole told GMA. “This is selflessness on the ultimate level.”

There is a great deal of pride and satisfaction in knowing that each trained at the facility will have a positive impact on someone’s life for years to come, Cole added.  And at no time is that more evident than at the ICAN “graduation” programs held when the dogs have completed their training.

“It’s an amazing experience to witness and the handlers take pride in that,” Cole said. “We’ve seen handlers who get attached to the dogs but at the same time when the dog leaves they know the dog is going to help somebody lead their life easier for the rest of their life.”

Animal law roundup

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Eli, the In Brief Legal Writing Services mascot.
In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic

At a time when most Americans view companion animals as family members, authorities are cracking down on people engaged in any unscrupulous activities that are harmful to dogs and cats.

Just recently, New York Attorney General Eric Schneiderman announced sanctions against a former Westchester County pet shop owner. Schneiderman’s office has been investigating the man, Richard Doyle, for more than a year and determined that he “sold animals that had serious medical issues, despite claims of being healthy.”

As a result, Doyle can no longer sell pets in New York state. Furthermore, he must surrender all licenses associated with the sales of animals and pay $20,000 in fines. According to media accounts, customers that bought sick animals from Doyle will get most of the money.

“Disturbing cases like these reaffirm my commitment to encouraging those in search of a new pet to adopt from a local shelter, rather than purchasing an animal. This gives an animal in need a home, and gives the consumer the peace of mind that they are receiving a healthy pet,” Schneiderman said.

The Connecticut connection

In an unrelated case, Doyle pleaded guilty to five counts of animal cruelty in Connecticut. The charges reportedly stemmed from arrests at his pet store in Danbury, where he was accused of “of illegally performing surgery on and failing to provide proper care for ill animals.”

As a result, he is also banned from having “any affiliation” with pet stores or animal rescue shelters there for three years.

More than 70 dogs confiscated from NJ pet store

Meanwhile, in New Jersey, the SPCA confiscated more than 70 dogs from an East Hanover pet store where the owner “allegedly failed to provide records and veterinary care for the dogs.”

The owner, identified as Vincent LoSacco in published reports, is now in trouble with the town health department in addition to being investigated by the state attorney general’s office.

In addition to the East Hanover shop, authorities have reportedly closed two of LoSacco’s pet stores in New Jersey and one in New York.

As nbcnewyork.com reports, one of the New Jersey locations closed after LoSacco was charged with 267 counts of animal cruelty late last February. The other “had also been the target of investigations and complaints.”